Expert Analysis

• Aviation Watch: Pilots Face Mental Health Catch-22

  

  The recent case of an Alaska Airlines pilot who attempted to crash an airliner in flight highlights the dilemma facing federally licensed cockpit personnel who need psychological help, yet could lose their jobs if they seek it — but a long-running program may provide a solution, says Alan Hoffman, a retired attorney and aviation expert.

• Private Industry Is Taking The Lead On AI Governance

  

  Although no mature body of law for artificial intelligence exists yet, businesses promoting responsible AI governance are responding in real time to real-world concerns about the risks of this emerging technology, instead of relying on regulators and lawmakers, whether driven by altruistic motivations, competitive concerns or regulatory tactics, says Chris Wlach at Huge.

• Expect CFPB Flex Over Large Nonbank Payment Cos.

  

  A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.

• Breaking Down High Court's New Code Of Conduct

  

  The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

• Why E-Commerce Tools Are Under Fire Amid Privacy Lawsuits

  

  As lawsuits try to shoehorn new technologies into decades-old privacy laws never intended for the digital age, e-commerce tools and the companies that use them are increasingly at risk, and retailers should act now to minimize their potential exposure, say attorneys at Benesch.

• Opinion

  Metaverse Regs Pose Risks To Consumer Safety And Privacy

  

  The U.K.'s recently passed Online Safety Act, and other pending proposals globally, could remove metaverse users' anonymity — with potentially catastrophic ramifications for virtual world activity, consumer privacy and safety, and the line between government authority and platform decision making, says attorney Donna Etemadi.

• How New Expert Rules Are Already Changing Court Decisions

  

  Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

• Opinion

  Legal Profession Gender Parity Requires Equal Parental Leave

  

  To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

• 'Paper Tiger' Finds Its Fangs: Repeat Offenders And The CFPB

  

  Following the Consumer Financial Protection Bureau’s recent imposition of structural remedies on Enova for repeat offenses, financial institutions, especially those that have previously been subject to consent orders, need to carefully consider their options when facing future enforcement proceedings with the CFPB, says Caitlin Mandel at Winston & Strawn.

• Opinion

  CFPB's Credit Card Late Fee Rule Likely Unconstitutional

  

  Though the Consumer Financial Protection Bureau’s recently proposed rule to cap credit card late fees addresses important policy points, it appears to be arbitrary and capricious under the Administrative Procedures Act and runs afoul of the Fifth Amendment, says James Skyles at Skyles Law Group.

• Superfund Site Reopenings Carry Insured Risk, Opportunity

  

  The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.

• FCC Notice Of Inquiry Highlights AI Robocall Concerns

  

  The Federal Communications Commission recently released a notice of inquiry seeking comment on the implications of emerging artificial intelligence technologies on robocalls and robotexts, raising questions around its authority to address AI under the Telephone Consumer Protection Act, say Aaron Weiss and Samantha Goldstein at Carlton Fields.

• New Regs Will Strengthen Voluntary Carbon Offset Market

  

  Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.

• How FinCEN's Proposed Rule Stirs The Pot On Crypto Mixing

  

  The Financial Crimes Enforcement Network’s recently issued proposal aims to impose additional reporting requirements to mitigate the risks posed by convertible virtual currency mixing transactions, meaning financial institutions may need new monitoring techniques to detect CVC mixing beyond just exposure, say Jared Johnson and Jordan Yeagley at Buchanan Ingersoll.

• Series

  Writing Thriller Novels Makes Me A Better Lawyer

  

  Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.