Expert Analysis

• Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

  

  A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

• PowerSchool Data Breach Ruling Underscores PE Liability

  

  The recent California federal court decision in PowerSchool, where Bain Capital was unable to dismiss claims relating to a data breach based in part on Bain's preinvestment activities, is an important addition to the line of cases addressing investor liability for acts of a portfolio company, says Mark Kelley at MoloLamken.

• Unpacking The Take It Down Act's Compliance Ambiguities

  

  The Federal Trade Commission’s recent guidance concerning the Take It Down Act suggests that covered platforms should build removal systems immediately and prioritize compliance, but until courts or regulators provide additional clarity, companies will be navigating a statutory framework that is urgent and uncertain, says Laura-Kate Bernstein at ZwillGen.

• What Colorado AI Law's Major Rewrite Means For Employers

  

  Colorado's landmark law regulating employers' use of artificial intelligence tools was recently replaced with a narrower regime that eliminates many burdensome obligations, but still imposes a host of requirements focused on transparency and accountability, say attorneys at Proskauer.

• A Look At The Court's Next Steps In Live Nation Antitrust Case

  

  Following a recent jury verdict that Live Nation and Ticketmaster operated as a monopoly to fix ticket prices, a New York federal court stands to weigh Live Nation's bid for a new trial, approve the U.S. Department of Justice's March settlement with the defendants, and impose remedies that include full structural separation, say attorneys at Crowell.

• Checking For AI Errors Is Now A Two-Way Street

  

  A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

• Lessons For Banks From Recent FCA Enforcement Trends

  

  While government relief programs rely on financial institutions in times of economic uncertainty, recent enforcement shows that a government partnership may not protect banks from liability involving False Claims Act missteps, say attorneys at O'Melveny.

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  The Biz Court Digest: Shoring Up Corporate Law In Maryland

  

  Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

• State Enviro Agencies Give Cosmetics Regulation A Makeover

  

  As state oversight of cosmetics rapidly expands, the new statutes and regulations governing these products are being implemented by environmental agencies rather than consumer product regulators, requiring manufacturers, distributors and retailers to reevaluate their supply chains and procedures, say attorneys at Baker Botts.

• FDA's Chemical Review Process Heats Up Food Industry Risk

  

  The U.S. Food and Drug Administration's newly announced process for postmarket assessment of food additives signals a significant shift away from historically limited oversight, introducing both strategic opportunities and material risks for food manufacturers, ingredient suppliers and others in the food supply chain, say attorneys at Morgan Lewis.

• Data Collection Push Signals New Era For Bank Compliance

  

  An executive order pushing for broad bank collection of beneficiary data and a Financial Crimes Enforcement Network geographic targeting order in Minnesota should prompt financial institutions to run checks on customer diligence and privacy controls, as these directives may be part of a wider compliance shift, say attorneys at Faegre Drinker.

• Product-Or-Content Question Is Pivotal In AI Litigation

  

  A growing range of civil cases against OpenAI address the question of whether the output of a generative artificial intelligence system is a product, subject to traditional tort doctrine, or third-party content — and the framing courts adopt will shape software liability well beyond AI, says David Meldofsky at Lawsuit Informer.

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  Competing At Poker Makes Me A Better Lawyer

  

  Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

• FTC Sweep Signals Increased 'Made In USA' Claim Scrutiny

  

  After the Federal Trade Commission's recent enforcement sweep targeting allegedly deceptive "Made in USA" claims, companies should expect continued scrutiny of both traditional and digital marketing channels, coupled with sustained focus on supply chain transparency and claim substantiation, say attorneys at Morgan Lewis.

• Revisiting TransUnion's Underused Standing Rule, 5 Years On

  

  The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.