Expert Analysis

• Mortgage Co. Ruling Shows Risks Of Broad Noncompetes

  

  The Federal Trade Commission and a Pennsylvania state court recently took actions against Mortgage Connect that demonstrate that overbroad noncompetes may not be worth the regulatory trouble they invite, especially amid heightened federal scrutiny, proliferating state restrictions and increasingly skeptical courts, say attorneys at A&O Shearman.

• Sold Inventory May Drive Tax Treatment Of Tariff Refunds

  

  Companies determining the tax treatment of refunds expected following the U.S. Supreme Court's February decision invalidating tariffs imposed under the International Emergency Economic Powers Act should consider whether the tariff costs have already reduced their income considering the cost of goods sold, say attorneys at McDermott.

• And Now A Word From The Panel: An MDL Realignment

  

  With seven multidistrict litigation proceedings initiated so far this year, a review of venue locations suggests a shift away from the East Coast, a seeming reversal of last year's swing in that direction, says Alan Rothman at Sidley.

• NIL Contracts Test Limits On College Football Transfers

  

  College football's new legal era of direct payments to players and fewer transfer restrictions has put contractual provisions in play, and stipulations such as termination clauses and repayment obligations require added scrutiny as the name, image and likeness system evolves, says Kevin Paule at Hill Ward Henderson.

• DOJ Activity Indicates Rising Antitrust Risk For Hospitals

  

  Two civil actions filed by the U.S. Department of Justice against New York-Presbyterian Hospital and OhioHealth, both alleging that the hospital systems used their market power to stifle competition, highlight the government's growing scrutiny of barriers to lower-cost insurance options, say attorneys at Freshfields.

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  NY Times Word Puzzles Make Me A Better Lawyer

  

  Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

• Tracking Tech Suit Is A Risk Management Reminder For Cos.

  

  The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

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  Law School's Missed Lesson: Diagnose Before Arguing

  

  Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

• Recent Benchmarking Suits Highlight DOJ Enforcement Risks

  

  The U.S. Department of Justice's recent settlements with RealPage and Agri Stats inform the level of antitrust risk surrounding the use of benchmarking services and suggest an aggressive enforcement approach, particularly with respect to granular data and nonprice data reporting, say attorneys at Axinn.

• Becoming The Biz-Savvy GC That Portfolio Companies Need

  

  Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

• Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

  

  In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

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  Judges On AI: How Courts Can Survive The Tech Revolution

  

  Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

• What Jury Holdouts Can Teach Trial Lawyers About Strategy

  

  Though a hung jury can be a disappointment, a psychological understanding of jury holdouts can help trial lawyers shape their damages arguments and understand leadership and group composition as a function of jury selection, says Clint Townson at Townson Litigation.

• Food Kiosk Merger Offers FTC Insights For Dealmakers

  

  The Federal Trade Commission's recent approval of 365 Retail Markets' merger with fellow food-kiosk provider Cantaloupe balances structural divestiture with behavioral provisions, emphasizing the role of early engagement by the parties and the importance of tailored remedies in concentrated markets, say attorneys at Freshfields.

• 3 AI Adoption Mistakes GCs Should Avoid

  

  The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.