Expert Analysis

• Series

  The Biz Court Digest: Texas, One Year In

  

  A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.

• What's At Stake In High Court Pension Liability Case

  

  The U.S. Supreme Court’s upcoming decision in M&K Employee Solutions v. Trustees of the IAM National Pension Fund will determine how an employer’s liability for withdrawing from a multiemployer retirement plan is calculated — a narrow but key issue for employer financial planning and collective bargaining, say attorneys at Thompson Hine.

• Contract Disputes Recap: Formation, Performance, Certainty

  

  Three recent decisions offer helpful takeaways about addressing potential obstacles to contract formation, liability for specific performance and requirements for claiming a sum certain, says Ken Kanzawa at Seyfarth Shaw.

• Border Czar Bribery Probe Spotlights 'Public Official' Scope

  

  Reports that border czar Tom Homan allegedly accepted cash from a federal agent prior to his appointment raise important questions for government contractors about when a private citizen can be prosecuted as a public official under federal bribery laws, say Gregory Rosen at Rogers Joseph and Jason Manning at Levy Firestone.

• Series

  Law School's Missed Lessons: Educating Your Community

  

  Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.

• ConvergeOne Ch. 11 Ruling Clarifies Lender Incentive Limits

  

  The recent ConvergeOne ruling from a Texas federal court marks the latest rebuke of selective lender incentives in bankruptcy, and, along with two appellate decision from late 2024, delineates the boundaries of liability management exercises inside and outside Chapter 11, says Pratik Raj Ghosh at MoloLamken.

• How A 9th Circ. False Ad Ruling Could Shift Class Certification

  

  The Ninth Circuit's July decision in Noohi v. Johnson & Johnson, holding that unexecuted damages models may suffice for purposes of class certification, has the potential to create judicial inefficiencies and crippling uncertainties for class action defendants, say attorneys at Alston & Bird.

• 7 Areas To Watch As FTC Ends Push For A Noncompete Ban

  

  ​​​​​​As the government ends its push for a nationwide noncompete ban, ​employers who do not want to be caught without protections for legitimate business interests should explore supplementing their noncompetes by deploying elements of seven practical, enforceable tools, including nondisclosure agreements and garden leave strategies, say attorneys at Seyfarth.

• Shifting Crypto Landscape Complicates Tornado Cash Verdict

  

  Amid shifts in the decentralized finance regulatory landscape, the mixed verdict in the prosecution of Tornado Cash’s founder may represent the high-water mark in a cryptocurrency enforcement strategy from which the U.S. Department of Justice has begun to retreat, say attorneys at Venable.

• 5 Crisis Lawyering Skills For An Age Of Uncertainty

  

  As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.

• Insights From Recent Cases On Navigating Snap Removal

  

  Snap removal, which allows defendants to transfer state court cases to federal court before a forum defendant is properly joined and served, is viewed differently across federal circuits — but keys to making it work can be drawn from recent decisions critiquing the practice, say attorneys at Perkins Coie.

• Opinion

  It's Time For The Judiciary To Fix Its Cybersecurity Problem

  

  After recent reports that hackers have once again infiltrated federal courts’ electronic case management systems, the judiciary should strengthen its cybersecurity practices in line with executive branch standards, outlining clear roles and responsibilities for execution, says Ilona Cohen at HackerOne.

• Tips For Cos. Crafting Enforceable Online Arbitration Clauses

  

  Recent rulings from the Ninth Circuit and the U.S. District Court for the Southern District of California indicate that courts are carefully examining the enforceability of online arbitration clauses, so businesses should review the design of their websites and consider specific language next to the "purchase" button, say attorneys at DTO Law.

• Parody Defendants Are Finding Success Post-Jack Daniel's

  

  Recent decisions demonstrate that, although the U.S. Supreme Court's decision in Jack Daniel's v. VIP Products did benefit trademark plaintiffs by significantly limiting the First Amendment expressive use defense, courts also now appear to be less likely to find a parodic work likely to cause confusion, says Andrew Michaels at University of Houston Law Center.

• State Of Insurance: Q3 Notes From Illinois

  

  Matthew Fortin at BatesCarey discusses notable developments in Illinois insurance law from the last quarter including a state appellate court's weighing in on the scope of appraisal, a pending certified question in the Illinois Supreme Court from the Seventh Circuit on the applicability of pollution exclusions to permitted emissions, and more.