Expert Analysis

• Texas AG's Payola Theory May Reach Beyond Music Platforms

  

  Texas Attorney General Ken Paxton recently issued investigative demands to five major music streaming platforms, appearing to invoke the payola concept as a consumer protection theory against the streaming business, a novel application that could extend to other companies monetizing on ranking, visibility or recommendation placement, say attorneys at Benesch.

• Opinion

  Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

  

  A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

• AG Watch: Oregon's Strategic Civil Enforcement Approach

  

  Oregon Attorney General Dan Rayfield’s recent antitrust litigation activity and proposed staffing increase are the latest in a series of structural and policy changes that signal that the state Department of Justice is taking a more aggressive approach to civil enforcement, says Keturah Taylor at Cozen O'Connor.

• Fannie, Freddie AI Rules Raise Stakes For Mortgage Lenders

  

  Artificial intelligence governance frameworks recently released by Fannie Mae and Freddie Mac impose monitoring and vendor oversight standards on mortgage lenders, potentially reshaping secondary-market eligibility, fair lending reviews and risk management as compliance deadlines approach, says Brendan Palfreyman at Harris Beach.

• Aviation Watch: Product Safety Lessons From The UPS Crash

  

  The National Transportation Safety Board's recent hearing concerning the crash of a UPS jet late last year highlighted the importance of maintaining records documenting analysis of design defects, adequately warning users of defects and related safety issues, and requiring use of improved designs, says Alan Hoffman, a retired attorney and aviation expert.

• The Paradoxical Duty To Adopt AI When You Can't Bill For It

  

  Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

• 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

  

  The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

• Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

  

  The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

• Reel Justice: 'Tuner' And Modern Juror Sympathy

  

  In “Tuner,” the main character’s criminal behavior is framed as an extension of his vulnerability, talent and loyalty, demonstrating how narratives of sympathy shape perceptions of culpability, and why jurors may reinterpret wrongdoing through story and emotion rather than evidence and doctrine, says Veronica Finkelstein at WilmU Law.

• How Federal PFAS Bill Would Expand Liability For Companies

  

  Recently proposed federal legislation governing per- and polyfluoroalkyl substances would not only phase out nonessential uses of PFAS and prohibit detectable environmental releases, but would also expand liability in ways that will matter to companies with current or historical PFAS exposure, says Ayodeji Ayolola at Gordon Rees.

• 3 Misconceptions About Justices' FCC Fines Ruling

  

  The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

• How A Founder's AI Pitch Deck Can Become A Crime Scene

  

  As recent indictments and prosecutions against tech executives illustrate, AI washing is a criminal enforcement priority, not a regulatory formality, highlighting the importance of ensuring that founders don't overstate what their artificial intelligence does, particularly in the initial pitch deck to investors, says attorney Alan N. Walter.

• How Hantavirus May Expand Cruise Ship Liability Concerns

  

  In an incident like the recent hantavirus outbreak aboard a cruise ship, application of maritime negligence principles may expand beyond environmental exposure considerations to encompass how operators identify, respond to and manage emerging infectious disease risks in real time, says Eric Shane at Leesfield & Partners.

• Direct Fed Payment Access Finally In Sight For Fintechs

  

  A recent executive order and a Federal Reserve proposal could finally allow direct payment system access for fintechs and other nonbanks, potentially reducing reliance on sponsor banks and reshaping competition, as well as prompting organizations to reassess partnership strategies as litigation and rulemaking unfold, say attorneys at Freshfields.

• Reducing Youth Product Risks When No Standards Apply

  

  As juvenile product manufacturers and retailers face heightened U.S. Consumer Product Safety Commission enforcement actions and attendant litigation risks, companies must not only comply with applicable standards, but also confront the problem of how to protect themselves when there are no standards to comply with, say attorneys at Chamberlain Hrdlicka.