Expert Analysis

• What B. Riley Dismissal Teaches About Governance Litigation

  

  The same facts in litigation against B. Riley Financial produced three different outcomes in three courthouses, but the Court of Chancery's decision in Marchner v. B. Riley is the cleanest demonstration in years of why boards facing a government investigation often prepare for the wrong lawsuit, says Ashwin Ram at Buchalter.

• Calif. Ruling Limits Strict Liability In Lateral Support Cases

  

  A recent California appellate ruling in Quinn v. Coulton makes clear that property owners pursuing lateral support claims without excavation should prepare to prove negligence rather than rely on strict liability, reshaping how neighboring land disputes are pled and defended, says attorney Paul Weinberg.

• What Calif.'s New Focus On Microplastics Means For Cos.

  

  The recent move by California's Department of Toxic Substances Control to designate microplastics as candidate chemicals under its Safer Consumer Product regulations does not create a new product restriction — but it expands the agency's future reach by putting microplastics on the department’s regulatory runway, says Gregory Berlin at Alston & Bird.

• How Calif. Ruling Defines Drug Cos.' R&D Responsibilities

  

  The California Supreme Court's recent ruling in the Gilead Tenofovir Cases, which held that drugmakers have no duty to bring allegedly safer alternatives to market more quickly, is a win for pharmaceutical companies — but not a grant of blanket immunity for all early-stage drug development decisions, say attorneys at King & Spalding.

• Whiskey Business: Parsing The 9th Circ. Jack Daniel's IP Toss

  

  The Ninth Circuit's recent ruling in VIP Products v. Jack Daniel's, holding a toy did not tarnish the whiskey maker's trademarks, gives fact-finders great latitude by showing that there may exist no categories of per se tarnishing content, says attorney Sara Gold.

• Calif. Justices' Ruling Reshapes Midcase Appeal Strategy

  

  The California Supreme Court's recent decision in Maniago v. Desert Cardiology Consultants holds that voluntary dismissal cannot be used as a shortcut to appellate review of interlocutory orders, resolving a long-running appellate split and pushing litigants to use alternative procedural tools, says Josh Patashnik at Ashurst Perkins Coie.

• Mapping A Compliance Framework For AI Chatbot Operators

  

  The Federal Trade Commission's recent artificial intelligence guidance, together with emerging state AI chatbot laws, wiretapping statutes and telecommunications requirements, carry significant implications for consumer-facing chatbot and customer service tool operators that require a layered disclosure framework addressing multiple regulatory touchpoints, say attorneys at Winston Taylor.

• Fashion Greenwashing Risk Goes From Reputational To Legal

  

  Fashion brands now face greenwashing risks that extend beyond reputational damage, with California's extended producer responsibility law taking effect soon, and regulatory enforcement and class actions increasing around terms like "sustainable" and "carbon-neutral" — so companies must ensure their marketing is backed up by evidence, says Benjamin Thompson at Thompson LLP.

• Complying With Calif. Crypto License Law's 11th-Hour Rewrite

  

  Financial businesses that applied early for the digital asset license now required in California should check their filings and compliance decisions against last-minute updates to the law and its rules, as overlooked changes could leave companies budgeting for nonexistent bonds, relying on an outdated exemption or racking up steep fines, say attorneys at Astraea Counsel.

• Series

  Going To Hardcore Shows Makes Me A Better Lawyer

  

  While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

• 9th Circ. Ruling Exposes A Flaw In Federal Trade Secrets Law

  

  The Ninth Circuit's recent decision in Comet Technologies v. XP Power, addressing a difference between the federal Defend Trade Secrets Act and California's Uniform Trade Secrets Act, shows why the DTSA's requirement that claimed trade secrets not be readily ascertainable is inherently problematic, say attorneys at Buchalter.

• How Data Broker Laws Are Reaching Consumer-Facing Cos.

  

  As states, most recently New Jersey, expand the scope of data broker laws to cover some customer data sharing, consumer-facing companies should reassess advertising, vendor and partner arrangements to determine whether they trigger registration, contracting and governance obligations, says Sam Castic at Hintze Law.

• What 'Good Faith' Means In Calif.'s 1st Climate Reporting Year

  

  Initial submissions to California's corporate greenhouse gas emissions reporting program are due this month — and for regulated businesses, the first-year issue is not whether CARB has answered every implementation question, but how a company can make its good faith compliance efforts provable later, says Thierry Montoya at FBT Gibbons.

• Avoiding Sponsor Conflicts As NCAA Patch Rule Takes Effect

  

  A new rule allowing schools to add corporate sponsor patches to athletes' uniforms may create a conflict with students' individual name, image and likeness agreements with competing brands, requiring negotiated contract provisions to reduce the legal risks, says Evan Rosenberg at Morritt Hock.  

• Opinion

  Birthright Citizenship Dissents Belie Originalist Interpretation

  

  The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.