Expert Analysis

• The EPA's New Enviro Site Assessment Standard: Key Points

  

  While the U.S. Environmental Protection Agency's previous standard for Phase I environmental site assessments will remain valid for another year, the agency's recent final approval of the newer ASTM E1527-21 standard means that it now represents the best practice for conducting ESAs, says Sedina Banks at Greenberg Glusker.

• 10 Areas To Watch In Aerospace And Defense Law

  

  Joseph Berger and Francis Purcell at Thompson Hine discuss what's ahead for federal contractors, given the government's continued focus on aiding Ukraine and sanctioning Russia, pending cybersecurity and climate disclosure regulations, U.S. leadership in new and emerging technologies, and more.

• How FTC's Broadened Health Ad Guidance Affects Marketers

  

  The Federal Trade Commission's new health products compliance guidance may change marketers' understanding of what is acceptable when substantiating all kinds of health claims — not just those for dietary supplements, say Daniel Kaufman and Randal Shaheen at BakerHostetler.

• Reimagining Benefits For A World Without Noncompetes

  

  Though the Federal Trade Commission's recently proposed noncompete ban is still in its infancy, companies should begin considering whether they would need to retool their payment and benefits packages to comply, while still protecting their competitive edge, say Melissa Ostrower and Alec Nealon at Jackson Lewis.

• FinCEN Report Holds Key Russia-Linked Risk Considerations

  

  A recent report from the Financial Crimes Enforcement Network reminds financial institutions to review guidance issued on reporting Russia-linked suspicious activity, emphasizing the need to review anti-money laundering and sanctions monitoring processes to remain adaptive to global developments, say Siana Danch and Peter Hardy at Ballard Spahr.

• Opinion

  Biden Admin.'s Anti-Merger Stance Is Leading To Bad Policies

  

  A U.S. Department of Justice Antitrust Division speech reflects the Biden administration's goal to move enforcement in a markedly anti-merger direction, an approach that is leading to bad policies and enforcement decisions, says Cleary attorney David Gelfand, a former DOJ Antitrust Division official.

• Why FERC's Proposed Duty Of Candor Rule Is Problematic

  

  The Federal Energy Regulatory Commission is considering adopting a new regulation that would prohibit the submission of any inaccurate or false information when communicating with the agency, which would raise significant due process and First Amendment concerns, say attorneys at Skadden.

• Viral TikTok Mascara Video Spotlights Influencer Ad Issues

  

  A sponsored TikTok video about L'Oreal mascara that ignited a battle over deceptive advertising on the internet last month serves as a reminder that advertisers are responsible for influencer posts and should take steps to help reduce the risk of liability, says Gonzalo Mon at Kelley Drye.

• A Litigation Move That Could Conserve Discovery Resources

  

  Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

• Navigating DOJ's Fresh Focus On Criminal Monopoly Charges

  

  For the first time in nearly 45 years, the U.S. Department of Justice has brought criminal charges for violations of Section 2 of the Sherman Act in two very different cases, displaying a renewed willingness to level criminal charges for price-fixing or other coordination under both Sections 1 and 2, say attorneys at Foley & Lardner.

• Litigators Should Approach AI Tools With Caution

  

  Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

• Tips For Sanctions Screening Of Non-Latin Language Entities

  

  Kenneth Nunnenkamp and Ivon Guo at Morgan Lewis discuss how phonetic transliteration from one alphabet or writing system to another complicates name-checking for sanctions due diligence, and provide useful methods to facilitate this otherwise knotty process.

• SEC's 1st Reg BI Action Spells Enforcement Challenges

  

  The pleadings in the U.S. Securities and Exchange Commission's action against Western International Securities highlights three problems for the agency in prosecuting its first Regulation Best Interest case, including that it isn't clear what the regulation actually requires, says Justin Chretien at Carlton Fields.

• For White Collar Practitioners, Tone Of Garland Memo Is Key

  

  Attorney General Merrick Garland’s recent memo on prosecutorial discretion conveys more via tone than it does via directives for white collar prosecutions, signaling to rank-and-file prosecutors that they should pursue tailored justice over reflexive charging, says Monique Abrishami at Levy Firestone.

• Calif. Privacy Law Holds Implications For Mental Health Apps

  

  California is leading the way in privacy regulation with its amended Confidentiality of Medical Information Act, which has important compliance repercussions for mental health app developers and could serve as a model for similar laws in other states, say Christine Moundas and Elana Bengualid at Ropes & Gray.