Expert Analysis

• Understanding And Managing Jurors' Hindsight Bias

  

  Hindsight bias — wherein events seem more predictable after the fact than they were beforehand — presents a persistent cognitive distortion in jury decision-making, but attorneys can mitigate its effects at trial through awareness, repetition and framing, say consultants at Courtroom Sciences.

• Hybrid Claims In Antitrust Disputes Spark Coverage Battles

  

  Antitrust litigation increasingly includes claims for breach of warranty, product liability or state consumer protection violations, complicating insurers' reliance on exclusions as courts analyze whether these are antitrust claims in disguise, says Jameson Pasek at Caldwell Law.

• EU-US Data Transfer Ruling Offers Reassurance To Cos.

  

  The European Union General Court’s recent upholding of the EU-U.S. Data Privacy Framework in Latombe v. European Commission, although subject to appeal, provides companies with legal certainty for the first time by allowing the transfer of European Economic Area personal data without relying on alternative mechanisms, say lawyers at Wilson Sonsini.

• Drug Ad Crackdown Demonstrates Admin's Aggressive Stance

  

  Recent actions by the U.S. Food and Drug Administration and U.S. Department of Health and Human Services targeting pharmaceutical companies' allegedly deceptive advertising practices signal an active — potentially even punitive — intent to regulate direct-to-consumer advertising out of existence, say attorneys at King & Spalding.

• Protecting Sensitive Court Filings After Recent Cyber Breach

  

  In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.

• DOJ Settlement Offers Guide To Avoiding Key Antitrust Risks

  

  The U.S. Justice Department's settlement with Greystar Management shows why parties looking to acquire companies that use pricing recommendation software should carefully examine whether the software algorithm and how it is used in the market create antitrust dangers, say attorneys at Fried Frank.

• Contractor Considerations As Construction Costs Rebound

  

  The U.S. construction industry is navigating rising costs driven by energy and trade policy, which should prompt contractors to review contract structuring, supply chain management and market diversification, among other factors, say attorneys at Cozen O'Connor.

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  NC Banking Brief: All The Notable Legal Updates In Q3

  

  There were several impactful changes to the financial services landscape in North Carolina in the third quarter of the year, including statutory updates, enforcement developments from Office of the Commissioner of Banks, and notable mergers, acquisitions and branch expansions, say attorneys at Moore & Van Allen.

• Despite Fraud Focus, SEC Still Targeting Technical Violations

  

  The U.S. Securities and Exchange Commission under Chairman Paul Atkins has emphasized its back-to-basics strategy, focusing on identifying and combating fraud and manipulation, but at the same time, it has continued to pursue nonfraud-based actions targeting technical rule violations, a trend that will likely continue, say attorneys at Morgan Lewis.

• New Calif. Chatbot Bill May Make AI Assistants Into Liabilities

  

  While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.

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  NY Banking Brief: All The Notable Legal Updates In Q3

  

  Of note in the third quarter of the year, New York state regulators moved forward on their agendas to limit abuse of electronic banking, including via a settlement with stablecoin issuer Paxos and a lawsuit against Zelle alleging insufficient security measures, says Chris Bonner at Barclay Damon.

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  Judging Figure Skating Makes Me A Better Lawyer

  

  Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.

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  Calif. Banking Brief: All The Notable Legal Updates In Q3

  

  The third quarter of 2025 brought legislative changes to state money transmission certification requirements and securities law obligations, as well as high-profile accounting and anti-money laundering compliance enforcement actions by the Department of Financial Protection and Innovation, say attorneys at Ropes & Gray.

• Female Athletes' NIL Deal Challenge Could Be Game Changer

  

  A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.

• What Ethics Rules Say On Atty Discipline For Online Speech

  

  Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.