Expert Analysis

• The Key To Turning Solid Briefs Into Winning Briefs

  

  Even a well-written brief can omit key facts, make tone-deaf legal arguments or ignore practical implications, so lawyers drafting motions and appeals should incorporate feedback processes akin to moot courts and jury research, says Andrew Nichols at Charis Lex.

• Self-Evaluative Privilege May Protect Internal Investigations

  

  The emerging self-evaluative privilege may help companies to protect internal communications used to improve quality and safety after the occurrence of an adverse event, but given courts' varying degrees of recognition of this privilege, there are inherent risks in relying on it, say attorneys at Butler Snow.

• Retailer Risks When Enforcing E-Commerce Terms Of Use

  

  As the pandemic-fueled e-commerce boom continues, online retailers may turn to terms of use agreements to mitigate risks like data breaches and accessibility claims, but enforcing them can raise two significant areas of exposure, say attorneys at Hunton.

• 2022 State AG Elections May Shift The Regulatory Landscape

  

  The majority of state attorneys general offices are up for election this year, and given the outsize role these enforcement officials play in our nation's regulatory system, the outcome of these races could drastically change the landscape, and businesses should consider a proactive oversight strategy, say attorneys at Troutman Pepper.

• Walter Dellinger's Little-Known, Outsize Impact On Legal Aid

  

  The late Walter Dellinger’s pro bono work distinguishes him forever, but his greatest moment involved a little-known U.S. Supreme Court case, Brown v. Legal Foundation of Washington, which helped preserve one of the largest sources of legal aid funding — and Dellinger’s arguments were as magical as the program he helped save, says David Lash at O'Melveny.

• The Challenges Facing European M&A Despite Boom

  

  While Europe's wave of M&A shows no sign of abating, stricter antitrust and national security reviews number among the factors that may pose obstacles for some deals, potentially altering the calculus for both buyers and sellers, say Bruce Embley and Chetan Sheth at Skadden.

• Why I'll Miss Arguing Before Justice Breyer

  

  Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

• What To Expect From FTC Unfair, Deceptive Acts Rule Plans

  

  The Federal Trade Commission recently announced its intent to begin three new rulemakings on unfair or deceptive acts or practices, potentially establishing a framework to expand its regulatory and enforcement leverage, so nearly every business operating in interstate commerce should take steps to prepare, say attorneys at Harris Wiltshire.

• Opinion

  More Antitrust Scrutiny Of Pharma Won't Help Patient Health

  

  The Federal Trade Commission's recently announced efforts to ramp up reviews of mergers and other agreements in the pharmaceutical industry — under the guise of enforcing antitrust and unfair competition laws — may seem like good ideas, but will not necessarily decrease drug prices and will hurt companies' ability to develop important new treatments, says Kristen Osenga at the University of Richmond.

• Wrestling Suit May Be Round 1 Of Antitrust Scrutiny For WWE

  

  While Major League Wrestling's antitrust lawsuit against World Wrestling Entertainment is still in the early stages, U.S. antitrust enforcers' recent general stance on competition indicates that state or federal regulators could be willing to step into the ring with WWE, says Jordan Passmore at Clifford Chance.

• Recent Rulings Show Lawyer Criticism Of Judges Is Perilous

  

  Although many lawyers may believe the First Amendment broadly protects their opinions and good faith criticism of judges, recent sanctions decisions from courts across the country suggest lawyers are at greater risk of discipline for criticizing judges than they have been in the past, says John Harris at Frankfurt Kurnit.

• How NCAA Can Avoid Athlete Compensation Antitrust Issues

  

  As demonstrated by a young soccer player's recent case against the National Women's Soccer League in Oregon federal court, if the NCAA treats athletes as employees and uses collective bargaining, the organization could shape the future of name, image and likeness compensation without running afoul of antitrust laws, says Eric Mills at Miller Nash.

• Breyer's Role In Courthouse Design Sets A Judicial Template

  

  As U.S. Supreme Court Justice Stephen Breyer prepares to retire, his pivotal role two decades ago in the design of the award-winning John Joseph Moakley U.S. Courthouse in Boston demonstrates how the judiciary can engage in civic architecture and specifically the design of courthouses, says Kate Diamond at HDR.

• Opinion

  Neo-Brandeisians' Antitrust Stance Strays From Namesake

  

  Although the Federal Trade Commission's antitrust progressives, known as Neo-Brandeisians, have announced an agenda echoing Justice Louis Brandeis' sympathy for labor and hostility to big business, they are straying from his jurisprudence in several important ways, says Kelley Drye's William MacLeod, a former FTC bureau chief.

• Opinion

  Time To Nix Antitrust Policies That Fueled Blocked Nvidia Deal

  

  Antitrust authorities were wise to block Nvidia's purchase of Arm Holdings, but if regulators want to deter future consolidation in the wireless communications industry, they shouldn’t revive policies that endanger the viability of licensing-based business models, says Jonathan Barnett at the University of Southern California.