Expert Analysis

• Strategic Succession Planning At Law Firms Is Crucial

  

  Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

• What An NCAA Drug Test Change Could Mean For Cannabis

  

  If the NCAA follows through with its decision to remove cannabis from its banned list of substances, it will affect college athletes, athletic directors, public relations employees, and marketing departments at universities and colleges, and it will have a significant economic effect on the cannabis industry, say Stanley Jutkowitz and Sydney Jenkins at Seyfarth.

• Ruling Shows Barriers Remain For Kids' Privacy Regulation

  

  A California federal court’s recent decision halting state officials from enforcing the California Age-Appropriate Design Code Act demonstrates that major roadblocks continue to obstruct regulation intended to make browsing more appropriate for children, say attorneys at Goodwin.

• To Responsibly Rock Out At Work, Draft A Music Policy

  

  Employers may be tempted to turn down the tunes after a Ninth Circuit decision that blasting misogynist music could count as workplace harassment, but companies can safely provide a soundtrack to the workday if they first take practical steps to ensure their playlists don’t demean or disrespect workers or patrons, says Ally Coll at the Purple Method.

• Maximizing Law Firm Profitability In Uncertain Times

  

  As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

• Insights From The NAD Annual Law Conference

  

  Discussions at the National Advertising Division's recent annual conference featured emerging areas of focus in ad law, NAD process and procedure, and a bullish summary of Federal Trade Commission activity that revealed industry outlooks on investigations and demands, says Christopher Cole at Katten.

• 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

  

  The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

• 5 Takeaways From Bellwether AI Copyright Case

  

  A Delaware federal court's ruling last week in Thomson Reuters v. ROSS is the first summary judgment ruling regarding fair use of copyrighted material to train generative artificial intelligence models and provides an early glimpse of how an appeals court judge views key generative AI copyright issues, says Michael Justus at Katten.

• Series

  ESG Around The World: European Union

  

  As the EU makes ESG regulation a priority, companies — both those based in the EU and others just doing business there — need to keep abreast of myriad new legislation that has either already taken effect or will in the near future, as noncompliance could result in fines, damages and director liability, say attorneys at Steptoe & Johnson.

• Twitter Sanction Highlights Privacy Law's Complexity

  

  The D.C. Circuit's recent decision to uphold a sanction against X Corp., formerly known as Twitter, for failing to produce account records in response to a subpoena highlights the importance of understanding the Stored Communications Act, particularly when deciding to produce or not produce data, says Cary Aronovitz at Holland & Knight.

• Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

  

  The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

• Fed. Circ. In September: The Scope Of Analogous Prior Art

  

  The Federal Circuit's recent decision in Netflix v. DivX turned on the often-overlooked requirement that any prior art must be analogous art, explaining that the art available to a person of ordinary skill in the art is limited to only the artisan's field of endeavor at the time the invention was made, says Jeremiah Helm at Knobbe Martens.

• What SEC Actions Against NFTs May Mean For Issuers

  

  The U.S. Securities and Exchange Commission’s recent charges against two non-fungible token issuers, Impact Theory and Stoner Cats, suggests that there could be additional SEC scrutiny of NFTs down the line, and that issuers should consider whether their assets might create an investment contract regulated under federal securities laws, say attorneys at Wilson Sonsini.

• A Breakdown Of The New Florida Digital Privacy Law

  

  The recently signed Florida Digital Bill of Rights has higher jurisdictional thresholds than other state data privacy laws, and incorporates unique provisions that expand opt-out rights, protect children online and prohibit government officials from moderating content, say attorneys at White & Case.

• What Large Language Models Mean For Document Review

  

  Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.