Expert Analysis

• The 7th Circ.'s Top 10 Civil Opinions Of 2022

  

  Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

• Loot Box Litigation Lessons For Game Developers

  

  The legal landscape for loot boxes — online game mechanisms that contain collectible items, in-game weapons or various aesthetic upgrades — is a gray area, but game developers and publishers can look to recent court decisions for guidance, say Saphya Council and Emma Smizer at Frankfurt Kurnit.

• Atty-Client Privilege Arguments Give Justices A Moving Target

  

  Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.

• Tesla Trial Is Likely To Hinge On Loss Causation

  

  The verdict and any appeals in the securities litigation against Tesla and Elon Musk, which began in California federal court Tuesday, are likely to turn on the competing proofs of loss causation, if the short history of securities fraud trials is any indication, says Matthew Mustokoff at Kessler Topaz.

• 2nd Circ. Ruling Is A Cautionary Tale On Arbitration Motions

  

  The Second Circuit's recent Zachman v. Hudson Valley Federal Credit Union pro-arbitration decision does not gel with U.S. Supreme Court precedent, and to avoid giving out second chances on motions to compel arbitration, plaintiffs attorneys should ensure all of the defendant's evidence has been produced, says Raphael Janove at Pollock Cohen.

• 5 Gen X Characteristics That Can Boost Legal Leadership

  

  As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.

• 6 Questions For Boutique Firms Considering Mergers

  

  To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.

• Chancery Ruling Reiterates Its Skepticism Of De-SPAC Deals

  

  The Delaware Chancery Court's recent refusal to dismiss a complaint brought by a stockholder of a special purpose acquisition company in Delman v. GigAcquisitions3 follows a similar ruling last year and provides a further indication of the court's inherent mistrust of de-SPAC transactions, say attorneys at Sullivan & Cromwell.

• What We Learned From 2022's Top FCRA Developments

  

  Significant Fair Credit Reporting Act activity in 2022 — from Article III standing decisions to regulatory guidance for consumer reporting agencies and furnishers — will provide crucial direction to industry, courts and litigants in 2023, say attorneys at Troutman Pepper.

• Place-Of-Origin Class Actions, FTC Scrutiny May Rise In 2023

  

  Companies should conduct internal reviews and analyses of unqualified "Made in the USA" claims on their products because a trend of increased class actions and Federal Trade Commission enforcement over deceptive advertising under the 2021 U.S. origin rule is expected to continue this year, say attorneys at Proskauer.

• How The PFAS Litigation Landscape Is Expanding

  

  Litigation over the environmental and health effects of per- and polyfluoroalkyl substances goes back nearly a decade, but companies should be mindful of the growing range of plaintiffs, defendants and claims as more research about PFAS emerges, say attorneys at Baker McKenzie.

• What Cos. Can Expect From FTC's Green Guides Updates

  

  The Federal Trade Commission is seeking public comments on revisions to its Green Guides that would broaden what the agency considers deceptive green marketing practices — so companies should focus on types of claims the FTC is likely to scrutinize, and on recent court cases that affect how the guides are applied, say attorneys at Kirkland.

• The Issues Shaping Labor Market Antitrust Litigation In 2023

  

  Questions about whether traditional antitrust analysis should apply to labor market abuses will continue to define litigation over agreements restricting employment this year, as courts grapple with the sufficiency of pleadings, parties' evidentiary burdens, affirmative defenses and jury instructions, say Manly Parks and Randy Kim at Duane Morris.

• Parsing The New Wave Of State Tobacco Settlement Suits

  

  Attorneys at Troutman Pepper highlight the novel claims New Mexico and Iowa have recently brought against Philip Morris and others over violations of the tobacco master settlement agreement, and discuss challenges states and manufacturers will each face as disputes play out.

• Del. Justices' Reversal Of Boardwalk Award May Apply Widely

  

  The Delaware Supreme Court's recent Boardwalk Pipeline v. Bandera Master Fund decision that a general partner wasn't liable for willful misconduct is likely to have wide applicability for noncorporate entities, which courts are unlikely to view as entitled to more protection than Boardwalk's public unit holders, say attorneys at Fried Frank.