Expert Analysis

• Generative AI Is Reshaping The Defense Of Complex Litigation

  

  Generative artificial intelligence is lowering the barriers to filing new cases, meaning that the defense bar must respond to an increased wave of litigation — but generative AI is also helping defense teams with legal research and drafting, fact witness development, and expert witness strategy, say attorneys at Arnold & Porter.

• Have Private Suits Filled Gap Left By SEC's Crypto Pullback?

  

  In the wake of the U.S. Securities and Exchange Commission's regulatory retreat in the crypto space, private litigants have pursued claims across different types of crypto-related activities and market participants, but whether private lawsuits have replaced SEC enforcement remains unclear, says Simona Mola at NERA.

• Justices Stand On Statutory Specifics In Cisco And Landor

  

  With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

• Why Biotech Cos. Need Litigation Plans Before Bad News

  

  Biotech companies should take proactive steps to respond to the growing trend of securities litigation filed against them, due to the inherently uncertain nature of their business models and heightened scrutiny of clinical trial disclosures, regulatory communications and investor-facing statements, says Wesley Horton at FBFK.

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  Choral Singing Makes Me A Better Lawyer

  

  Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

• Attorney Mental Health Is An Ethical Obligation In The AI Era

  

  As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

• Leveraging AI In MDL Discovery And Case Management

  

  Generative and agentic artificial intelligence tools can help teams organize and digest the vast volume of documents inherent to multidistrict litigation, but workflows must be designed to maximize the tools' strengths and maintain human control of key operational and ethical factors, say attorneys at Crowell & Moring.

• DOJ China Container Indictments Signal Global Cartel Risk

  

  The U.S. Department of Justice's recent announcement that it had indicted Chinese manufacturers for conspiring to drive up the price of shipping containers sold in the U.S. illustrates the Antitrust Division's interest in pursuing overseas cartel conduct, especially in China, signaling that multinational companies with employees abroad should strengthen antitrust compliance to avoid running afoul of U.S. national security policy, say attorneys at Squire Patton.

• More Cos. Will Copy SpaceX's Shareholder Proposal Opt-Out

  

  For more than 80 years, the shareholder proposal looked like a federal right guaranteed to all public company investors, but after SpaceX opted out before its recent initial public offering, other companies are likely to follow, says Mohsen Manesh at the University of Oregon School of Law.

• Lessons For Cos. From Nixed Apple Watch Greenwashing Suit

  

  A California federal court's recent decision in Dib v. Apple, a putative class action challenging carbon-neutral marketing statements made about the Apple Watch, provides meaningful guidance on how such claims may be defeated at the pleading stage, especially where they hinge on third-party verification, say attorneys at Mintz.

• The Hidden Settlement Problem In Complex Securities Cases

  

  The Second Circuit's recent decision in Knapp v. Barclays is a reminder that in securities cases with complex corporate records, the tracing picture is rarely as settled as the complaint suggests, and that conversations in the early stages require everyone to work from the same underlying facts, says Peter Kamminga at JAMS.

• $885M IBS Drug Verdict Tests Pay-For-Delay Limits

  

  The outcome in the Amitiza Antitrust Litigation is significant because it is the first jury trial win for private antitrust plaintiffs in a suit challenging a patent settlement reverse payment since the U.S. Supreme Court adopted the rule-of-reason legal framework in 2013, offering a blueprint for pay-for-delay claims, say attorneys at Katten.

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  Power To The Paralegals: Burnout As A Structural Problem

  

  Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

• 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

  

  The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

• Class Actions At The Circuit Courts: June Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.