Expert Analysis

• UK Court Ruling Reinforces CMA's Info-Gathering Powers

  

  An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.

• Fed. Circ. In Jan.: One Word Can Affect Claim Construction

  

  The Federal Circuit's recent Pacific Biosciences v. Personal Genomics decision highlights how even construction of a simple term can be dispositive, and thus disputed, in view of the specific context provided by the surrounding claim language, say Jeremiah Helm and Sean Murray at Knobbe.

• 5 Reasons Associates Shouldn't Take A Job Just For Money

  

  As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

• 1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight

  

  In deciding whether former President Donald Trump is disqualified from Colorado's Republican primary ballots, the U.S. Supreme Court could rely on due process principles articulated in a Reconstruction-era case to avert a chaotic or undemocratic outcome, says Gordon Renneisen at Cornerstone Law Group.

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  Playing Competitive Tennis Makes Me A Better Lawyer

  

  My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

• New Strain Of Web Tracking Suits Pose Risks For Retailers

  

  Amid an ongoing surge of California state and federal lawsuits that are using novel theories to allege companies used certain recording technologies to illegally track website users, retailers should take steps to develop a potential argument that customers consented to any alleged uses of these devices, say attorneys at Benesch.

• The Questions Around Prometheum's SEC-Compliant Strategy

  

  While the rest of the crypto industry has been engaged in a long-running battle to escape the U.S. Securities and Exchange Commission's jurisdiction, a once-obscure startup called Prometheum has instead embraced the SEC's view to become the first crypto special-purpose broker-dealer, but it's unclear whether it can turn its favored status into a workable business, says Keith Blackman at Bracewell.

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  The Pop Culture Docket: Judge Djerassi On Super Bowl 52

  

  Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

• Strict Duty To Indemnify Ruling Bucks Recent Trend

  

  A South Carolina federal court's recent decision that it lacked subject matter jurisdiction to decide an insurer's duty to indemnify prior to the finding of insured liability sharply diverges from the more nuanced or multipronged standards established by multiple circuit courts, says Richard Mason at MasonADR.

• AI Takes Transformers Beyond Robots In Disguise

  

  At the intersection of artificial intelligence and copyright law, the shape-shifting models known as transformers raise the question of whether using copyrighted materials to train such models constitutes a transformative use, says Sean Li at Benesch.

• Black-Led VC Fund Case Could Hinge On Nature Of Grants

  

  Organizations whose missions involve any manner of race-conscious funding should closely monitor arguments this week in American Alliance v. Fearless Fund, a case filed against a grant program that seeks to address the gap in venture capital funding for Black women-led businesses, which will examine whether grants are charitable under Civil Rights Act Section 1981 liability, say Kali Schellenberg and John Stapleton at LeVan Stapleton, and Kenneth Trujillo at Chamberlain Hrdlicka.

• Ex-OpenSea Staffer Case May Clarify When Info Is Property

  

  In considering the appeal of a former OpenSea manager’s wire fraud conviction in U.S. v. Chastain, the Second Circuit may soon provide guidance about whether economic information is traditional property in certain insider trading prosecutions — a theory of fraud that the U.S. Supreme Court has repeatedly narrowed, say attorneys at Debevoise.

• NC TikTok Order Holds Lessons On Handling State AG Probes

  

  Earlier this month, a North Carolina appeals court compelled TikTok to give the state attorney general information relating to 98,000 recorded Zoom meetings, reminding companies that successful civil litigation strategies may have the opposite effect in the state or regulatory investigation context, say attorneys at Troutman Pepper.

• CFPB's Proposed Overdraft Rule Evokes A Dickensian Tale

  

  The Consumer Financial Protection Bureau's new proposed rule, declaring overdraft credit to be under Truth In Lending Act protection, creates tension between vigorous agency action and judicial concerns about administrative overreach that calls to mind Charles Dickens' "A Tale of Two Cities," say Eric Mogilnicki and David Stein at Covington.

• NY Discovery Stay Ruling Empowers Securities Defendants

  

  A New York state appeals court’s recent decision in Camelot Event v. Morgan Stanley — which extends a federal securities law's discovery stay to state courts — clarifies an issue that has perplexed state courts across the country and provides the advantage of reduced discovery costs to securities defendants, say Katherine Kelly Fell and Jeremy Wertz at Milbank.