Expert Analysis

• Understanding Discovery Obligations In Era Of Generative AI

  Excerpt from Practical Guidance

  

  Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

• 5 Steps To Meet CFTC Remediation Expectations

  

  After the U.S. Commodity Futures Trading Commission recently updated its enforcement policies, organizations should implement elements of effective remediation — from root-cause analyses to design effectiveness tests — to mitigate the risk of penalties and third-party oversight, say Jonny Frank and Chris Hoyle at StoneTurn Group.

• Asserting 'Presence-Of-Counsel' Defense In Securities Trials

  

  As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.

• An Overview Of Circuit Courts' Interlocutory Motion Standards

  

  The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

• 3 Rulings Illustrate Infringement Hurdles For Hip-Hop Plaintiffs

  

  Three district court decisions dismissing hip-hop copyright claims recently came down in quick succession, indicating that plaintiffs face significant hurdles when they premise claims on the use of words, phrases and themes that are common in the genre, say Benjamin Halperin and Shiara Robinson at Cowan DeBaets.

• The Case For Post-Bar Clerk Training Programs At Law Firms

  

  In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

• What SEC Retreat In Ripple Case Means For Crypto Regulation

  

  The U.S. Securities and Exchange Commission has chosen a regulation-by-enforcement approach to cryptocurrency policy rather than through rulemaking, but the agency's recently aborted enforcement action against two Ripple Labs executives for alleged securities law violations demonstrates the limits of this piecemeal tactic, says Keith Blackman at Bracewell.

• Why Employers Should Refrain From 'Quiet Firing'

  

  While quiet firing — when an employer deliberately makes working conditions intolerable with the goal of forcing an employee to quit — has recently been identified in the news as a new trend, such constructive discharge tactics have been around for ages, and employers would do well to remember that, comparatively, direct firings may provide more legal protection, says Robin Shea at Constangy.

• What's At Stake In Bystolic 'Side Deals' Litigation

  

  In re: Bystolic Antitrust Litigation, which has oral argument set for next month, will likely shed light on how the U.S. Court of Appeals for the Second Circuit views side deals, and could create a circuit split in pleading standards for reverse payment cases, say attorneys at Axinn.

• Seized Art Ownership Row Highlights Importance Of Vetting

  

  The Cleveland Museum of Art's recent suit against the Manhattan District Attorney's Office to block a seizure order and contest its rightful ownership of a headless statue worth $20 million presents an uncommon challenge that underscores the criticality of due diligence prior to acquiring artworks, especially older pieces, say Robert Darwell and Zach Dai at Sheppard Mullin.

• Attorneys Have An Ethical Duty To Protect The Judiciary

  

  The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

• What Cos. Should Know About FTC's Proposed Junk Fee Rule

  

  The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.

• AI Can Help Lawyers Overcome The Programming Barrier

  

  Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

• Are CCOs Really In The SEC's Crosshairs?

  

  U.S. Securities and Exchange Commission Enforcement Director Gurbir Grewal recently gave a speech to address the concerns of chief compliance officers in light of recent enforcement actions taken against them, but CCOs need to understand when to push back against management, quit, or report issues to the board or to regulators, say Brian Rubin and Adam Pollet at Eversheds Sutherland.

• 2nd Circ. Holding Could Disrupt SEC Disgorgement Methods

  

  A recent Second Circuit decision in U.S. Securities and Exchange Commission v. Govil that held disgorgement to be an equitable remedy has the potential to substantially disrupt the SEC's long-standing approach to monetary remedies in many of the cases the agency brings, say attorneys at Debevoise.