Expert Analysis

• 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

  

  The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

• Early Action Can Benefit Distressed Restaurant Franchisees

  

  As rising costs put increased pressure on restaurants, as evidenced by recent bankruptcy filings by Popeyes, Farmer Boys and Applebees franchisees, distressed businesses should move early to preserve profitable locations, reject uneconomic obligations, manage brand defaults and choose the appropriate restructuring path, says Christopher Caplinger at Kean Miller.

• How 'Most Favored Nation' Regime Affects Biopharma Deals

  

  As M&A activity surges in the biopharma space, companies will need to account for the Trump administration's most-favored-nation pricing proposals — durable in concept, if unsettled in detail — when drafting deals, say attorneys at Gibson Dunn.

• What To Know As Legal Duty To Consider AI Takes Shape

  

  While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

• Prepping To Use Crypto Collateral Under Ohio Ownership Law

  

  Ohio's digital asset law should ease the path to using cryptocurrency as collateral, and as the October effective date approaches, lenders should update their loan documentation and diligence processes to take advantage of the new control-based perfection rules, say attorneys at Kegler Brown.

• Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

  

  Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

• Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

  

  The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

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  Being In A Band Made Me A Better Lawyer

  

  Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

• Notable Q2 Updates In Insurance Class Actions

  

  After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

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  Law School's Missed Lessons: Surviving A Long Trial

  

  Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

• Other Transaction Authority May Change Military Construction

  

  Early use of the Pentagon’s expanded authority to use other transaction agreements for defense construction projects suggests it may become a consequential change that draws new entrants into the marketplace, so participants should be cognizant of how it differs from the familiar Federal Acquisition Regulation model, say attorneys at Holland & Knight.

• Decoding Arbitral Disputes: Award Enforcement Is Just Step 1

  

  In Qatar National Bank v. South Sudan and Bank of South Sudan, a D.C. federal court recently confirmed a $1 billion arbitral award, but the judgment itself remains only the entrance to the asset-recovery exercise, says Josep Galvez at 4-5 Gray's Inn Square.

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  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.

• How New Counter-Drone Rule Will Reshape Event Security

  

  A new interim final rule on counter-unmanned aircraft systems creates one of the most structured regulatory frameworks yet adopted for mitigating unauthorized drone activity, with implications for law enforcement, airport and stadium operators, drone companies, and public event organizers, say attorneys at Morgan Lewis.

• 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.