Expert Analysis

• Calif. Wiretap Ruling May Reshape Pixel Tracking Litigation

  

  The recent dismissal of a proposed class action accusing Blue Shield of California of violating the federal Wiretap Act highlights the gap between legacy wiretap laws and modern browser architecture, and the tendency of pixel tracking complaints to oversimplify or mischaracterize how browsers work, says Phil Richards at ThreatHandle Consulting.

• How State Actions Are Reshaping Surveillance Pricing Risk

  

  Amid heightened state enforcement activity and expanding legislative action to curb surveillance pricing concerns related to transparency, fairness and discrimination, businesses should closely examine how consumer data is used in pricing decisions, say attorneys at Steptoe.

• Defense Tips For Execs In DOJ's Tariff Fraud Crosshairs

  

  As the Justice Department begins to criminally prosecute individual executives for tariff evasion, every importer of goods subject to elevated duties should understand how these cases are being built and which institutional decisions can shape their outcome, says Ashwin Ram at Buchalter.

• Why Courts Are Pushing Back On Greenwashing Laws

  

  Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

• Series

  Teaching SEC Investigations Makes Me A Better Lawyer

  

  Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

• Employer Lessons From Apple Ruling Resolving OT Question

  

  In Costa v. Apple, a California federal court recently handed employers a win on a previously unresolved wage and hour question, offering a reminder that favorable outcomes on novel issues often hinge on the specific facts of a company's own program and compliance efforts, say attorneys at Foley & Lardner.

• And Now A Word From The Panel: MDL Judge Selection

  

  To understand how the Judicial Panel on Multidistrict Litigation selects particular judges to preside over MDL proceedings, it helps to consider not only how much experience on the federal bench a judge has, but also whether they have specifically managed any prior MDLs, says Alan Rothman at Sidley Austin.

• Opinion

  Qualified Immunity Bill's Reach Goes Beyond Federal Officers

  

  The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

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  Judges On AI: Examining Administrative, Organizational Uses

  

  U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

• Rhode Island Self-Checkout Law Signals National Trend

  

  Rhode Island's law limiting self-checkout in retail stores is the first of its kind, but state and local lawmakers across the country are considering similar bills — and if enacted, they could create a patchwork of compliance requirements around issues including staffing, signage and restricted merchandise, says Hannah Flint at Hunton.

• USPTO-Fed. Circ. Split Complicates Machine Learning Patents

  

  The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

• How 9th Circ. 'Shadow Trading' Case May Affect Private Credit

  

  Private credit firms should not wait for a result in the Ninth Circuit appeal in U.S. Securities and Exchange Commission v. Panuwat to address material nonpublic information exposure under existing statutes and take steps to ensure their internal policies and surveillance are ready for increased regulatory scrutiny, says Steve Brown at StarCompliance.

• 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

  

  After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

• Class Actions At The Circuit Courts: July Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

• AG Watch: Ohio AG Joins State Antitrust Enforcement Trend

  

  Amid the recent reprioritization in the federal government's competition enforcement agenda, two recent cases provide critical insight into how the Ohio attorney general will proceed in the relatively unprecedented trend of state attorneys general aggressively pursuing antitrust matters, say attorneys at BakerHostetler.