Expert Analysis

• Insights From OppFi Suit On Building Calif. Bank Partnerships

  

  A California state judge’s tentative ruling, walking through business evidence that Utah bank FinWise was not a “rent-a-bank” that fintech firm Opportunity Financial used as a front to dodge interest rate caps on in-state lenders, offers a helpful road map for structuring legally compliant bank-fintech partnerships under California law, say attorneys at Manatt.

• CFTC Actions Show Prediction Market Insider Trading Risks

  

  It is a myth that insider trading law does not apply in prediction markets, as the U.S. Commodity Futures Trading Commission's recent enforcement actions illustrate that it has full authority to pursue such cases federally — and intends to, says attorney Gregg Goldfarb.

• Rebuttal

  FTC Case Reinforces Established Price Discrimination Rules

  

  Far from redefining price discrimination, as contended by a recent Law360 guest article, the Federal Trade Commission's suit against Southern Glazer's falls squarely within the historical interpretation of the Robinson-Patman Act, says retired attorney Irving Scher.

• Prepping For White House's Proposed AI Framework

  

  The artificial intelligence legislative framework issued by the White House last month reframes the policy landscape, creating a number of near-term developments for companies to track as congressional committees attempt to convert the framework into legislative text, say attorneys at Morgan Lewis.

• Opinion

  Apple Discovery Fight Could Revive DOJ's Antitrust Appetite

  

  Winning discovery disputes in the ongoing federal antitrust litigation over Apple’s app store practices is a huge opportunity for the Justice Department to return to its once-vigorous pursuit of product tying by tech monopolies, catch up with foreign competition regulators and establish clear standards for digital markets, says Ediberto Roman at Florida International University.

• Lockdown To Ledger: COVID Rulings Inform Crypto Coverage

  

  As cryptocurrencies move deeper into mainstream financial markets, courts tasked with determining whether traditional insurance policies respond to digital asset losses have been evaluating coverage through the analytical framework of COVID-19 business interruption litigation, with one key recurring theme, say attorneys at Kennedys.

• Opinion

  State Bars Need To Get Specific About AI Confidentiality

  

  Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

• The Federal Circuit's Evolving View Of Trade Secrets

  

  In recent years, the Federal Circuit's approach to defining "readily ascertainable" information and determining sufficiency of trade secret identification has shifted, trending away from other circuits and potentially presenting a higher bar for trade secrets plaintiffs, say attorneys at MoFo.

• What Justices' Review Of Guam Case Will Mean For Permitting

  

  In U.S. Department of the Air Force v. Prutehi Guahan, the U.S. Supreme Court will address whether a federal agency's permit application is a final decision that courts can review — a question whose answer could reshape the timing and strategy of environmental litigation across the federal permitting landscape, say attorneys at Foley Hoag.

• How Calif. Safety Worker Pension Bill Could Cost Employers

  

  Public employers should carefully consider how pension costs and bargaining concerns could change under a California Legislature bill that would increase retirement benefits for safety employees like police and firefighters, which could erode previous efforts to fully fund the public retirement system without necessarily improving worker retention, says Michael Youril at Liebert Cassidy.

• Opinion

  Judicial Restraint Anchors Constitutional Order

  

  Contrasting opinions in two recent U.S. Supreme Court rulings — Trump v. CASA and Bost v. Illinois State Board of Elections — demonstrate how the judiciary’s constitutionally entrusted role can easily be preserved or disrupted, and invite renewed attention to the enduring importance of judicial restraint, says Ninth Circuit Judge J. Clifford Wallace.

• The Evolution Of States' Workplace Violence Prevention Laws

  

  Utah's new law requiring hospitals to implement comprehensive workplace violence reporting systems continues a broader trend of state efforts to expand workplace protections in the absence of sufficient federal regulations, say attorneys at Ogletree.

• Series

  Alpine Skiing Makes Me A Better Lawyer

  

  Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

• Weighing The Practical Implications Of SC Kids' Privacy Law

  

  South Carolina's recently enacted Age-Appropriate Code Design Act includes a unique provision: a private right of action for certain violations, but its practical effect remains uncertain, as courts and litigants grapple with complex questions of standing, causation and the definition of actionable harm, say attorneys at K&L Gates.

• Ohio Case Reflects States' Aggressive Criminal Antitrust Turn

  

  The Ohio Attorney General's Office’s recent bid-rigging indictment of an online auctioneer is the latest signal that states, through attorneys general pursuing more kickback cases and legislators expanding the reach of antitrust laws, are shedding their historical reluctance to wield their criminal antitrust enforcement powers, say attorneys at Arnold & Porter.