Expert Analysis

• How Merger Review Overhaul Could Affect Health Industry

  

  For those in the health care industry considering growth and expansion strategies, the antitrust agencies' recent proposals for new Hart-Scott-Rodino rules and more complex merger guidelines will increase deal timelines, the merging parties' burden, and overall uncertainty and potential antitrust risk as to the outcome, say attorneys at Husch Blackwell.

• A Closer Look At China's Landmark Pharma Antitrust Ruling

  

  The Supreme People's Court's recent decision in Yangtze River Pharma v. HIPI Pharma — the first antitrust litigation in China's active pharmaceutical ingredient sector — indicates a balanced regulatory approach between competition concerns and intellectual property rights protection, say analysts at The Brattle Group.

• Perspectives

  More States Should Join Effort To Close Legal Services Gap

  

  Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

• Identifying Trends And Tips In Litigation Financing Disclosure

  

  Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

• Steps To Take On AI Operations Amid FTC's ChatGPT Probe

  

  Following the Federal Trade Commission's civil investigative demand for OpenAI, it is foreseeable that many more investigations into artificial intelligence and its impact on consumers are coming, but companies can be prepared, say David Shonka and Benjamin Redgrave at Redgrave.

• More UK Collective Actions On The Horizon After Forex Ruling

  

  A U.K. appeals court's recent decision in Forex case Evans v. Barclays is likely to significantly widen the scope of opt-out collective proceedings that can be brought, paving the way for more class actions by prospective claimants who have previously been unable to bring individual claims, say Robin Henry and Tamara Davis at Collyer Bristow.

• Conn. Ruling Highlights Keys To Certificate-Of-Need Appeals

  

  The Connecticut Supreme Court's recent decision in High Watch Recovery Center v. Department of Public Health, rejecting rigid application of statutes concerning certificate-of-need procedure, provides important guidance on building an administrative record to support a finding that a case is contested, say attorneys at Robinson & Cole.

• Series

  The Pop Culture Docket: Judge Elrod On 'Jury Duty'

  

  Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

• 4 Business-Building Strategies For Introvert Attorneys

  Excerpt from Practical Guidance

  

  Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

• Opinion

  'US Cyber Trust Mark' Program Threatens Privacy, Innovation

  

  The Federal Communications Commission's recently announced plan to create a "U.S. Cyber Trust Mark,” which would voluntarily affix to smart devices to boost consumer confidence and industry security standards, could lead to an erosion of consumer privacy, competition, innovation, and any firewall between the government and the individual, says attorney Donna Etemadi.

• Opinion

  Has The NCAA Not Learned NIL Policy Lessons Of The Past?

  

  The NCAA has applied its heavy hand — which has been slapped back by courts and legislatures — again, saying that colleges must comply with its name, image and likeness policies even if they conflict with state laws, but recent antitrust decisions might caution against its reasoning, says Kenneth Jacobsen at Temple University.

• Opinion

  3 Ways Justices' Disclosure Defenses Miss The Ethical Point

  

  The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

• FTC 'Dark Patterns' Enforcement Signals Consent Theory Shift

  

  The Federal Trade Commission's recent complaint against Amazon for using dark patterns to trick consumers signals a general trend in American jurisprudence of importing a European theory of consent, which could result in a more turgid digital experience, says Christian Auty at BCLP.

• 5 Ways To Improve Commercial Arbitration Clauses

  

  Arbitration clauses have become ubiquitous as parties hope to streamline disputes, but with boilerplate language leading to the same downsides as conventional litigation, commercial contract drafters should opt for custom-written terms, say Lauren Zimmerman and Jeff Zalesin at Selendy Gay.

• How US Investment Regulation May Shift Under Biden Order

  

  Attorneys at Ropes & Gray explore potential prohibitions, notification requirements and covered transactions under President Joe Biden's recent executive order, which marks an unprecedented expansion of U.S. regulation of investment activity.