Expert Analysis

• Opinion

  FTC Case Risks Redefining Price Discrimination

  

  Federal Trade Commission v. Southern Glazer puts a spotlight on the blurry line between illegal price discrimination and ordinary competition, and could potentially set a precedent that puts nearly any manufacturer at risk of Robinson-Patman Act enforcement, says Jeremy Sandford at Econic Partners.

• Parsing Rule 12(c) Motion Overuse In Securities Class Actions

  

  Defendants in securities class actions have more frequently been filing motions for judgment on the pleadings following the denial of motions to dismiss, but courts have recently demonstrated an increasing willingness to reject these previously rare motions, finding them transparent attempts to relitigate already-decided issues, say attorneys at Labaton Keller.

• Preparing For New Calif. Pay Data Reporting Requirements

  

  California's S.B. 464 overhauls the state's pay data reporting framework by requiring employers to use job categories that are based on the Standard Occupational Classification system, increasing both the potential visibility of pay disparities and the complexity of compliance, say attorneys at Kaufman Dolowich.

• Pension Case Offers Entertainment Work Exception Insights

  

  A recent Ninth Circuit decision clarified that any amount of entertainment work can satisfy the entertainment industry exception under the Multiemployer Pension Plan Amendments Act, reinforcing that statutory language, rather than evolving business models, dictates withdrawal liability outcomes, say attorneys at Seyfarth.

• Justices' Ruling Stresses Quick Action Against Absconders

  

  Following the U.S. Supreme Court's recent holding in Rico v. U.S. that a supervised release term is not automatically extended when a defendant absconds, probation officers and prosecutors risk being unable to address later violations if they don't act promptly to secure warrants, say attorneys at Winston & Strawn.

• How Cos. Can Navigate The Patchwork Of AI Safety Bills

  

  In the first few months of 2026, state and federal lawmakers introduced hundreds of bills to address the perceived safety risks of artificial intelligence, so companies should assess whether existing or planned services could be scoped into AI safety legislation across jurisdictions, say attorneys at Hogan Lovells.

• Series

  Calif. Banking Brief: All The Notable Legal Updates In Q1

  

  As usual, California remained a hub for financial services activity in the first quarter of 2026, with key developments including the California Department of Financial Protection and Innovation's eye on consumer issues, a bill targeting "pig butchering" schemes, and jam-packed courts, say attorneys at Joseph Cohen.

• Series

  Ultramarathons Make Me A Better Lawyer

  

  Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

• When AI Puffery Becomes Actionable Securities Fraud

  

  Though courts usually hold that vague but optimistic corporate statements don’t constitute securities fraud, signs suggest that investors may give enough economic weight to references to artificial intelligence in public company disclosures that broad feel-good statements could cross into actionable misrepresentation, says Christine Polek at Keystone Strategy.

• State FARA Laws Pose Unique Constitutional Challenges

  

  Several states have recently enacted foreign agent registration and disclosure regimes that were modeled after the Foreign Agents Registration Act, but these state laws raise several constitutional questions, including concerns about preemption, speech and petition, and vagueness, says Alexandra Langton at Covington.

• In First For DOJ, Action Signals New CFIUS Enforcement Era

  

  The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.

• 6th Circ. Can Extend Insurance Valuation Clarity Beyond Auto

  

  In rehearing Clippinger v. State Farm, the Sixth Circuit can align itself with the recent drumbeat of other circuits rejecting class certification of auto total loss claims and set standards that apply to similar claims brought under homeowners and other types of insurance policies, say attorneys at Jackson Walker.

• 9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes

  

  The Ninth Circuit's recent decision in Kalbers v. U.S. Department of Justice confirms that Rule 6(e) provides robust protections when documents are in the government's possession only through a grand jury subpoena, emphasizing for companies the importance of careful labeling from the outset of an investigation, say attorneys at Cooley.

• Spotlight On Legal Battles Over EEOC Subpoena Powers

  

  Attorneys at Wilson Elser consider the spate of litigation over the past year, spurred by the Equal Employment Opportunity Commission’s focus on alleged religious discrimination at universities, and corporate diversity, equity and inclusion practices, and how it may affect the attempts to assert privacy rights against the agency's broad subpoena powers.

• Verdicts Signal Product Liability's Expansion To Digital Realm

  

  Last week's landmark verdict in K.G.M. v. Meta Platforms Inc., along with other recent verdicts that apply product liability theories to online services that rely on algorithmic design and user engagement features, make it clear that companies must evaluate digital product design through a litigation lens, say attorneys at Arnold & Porter.