Expert Analysis

• What Could Come Of CFPB, EU Consumer Finance Collab

  

  A recent joint statement from the European Commission and Consumer Financial Protection Bureau focused on how technology is affecting consumers of financial services, potentially recognizing that legal protections are lacking because tech regulations lag behind its development, say attorneys at DLA Piper.

• Tips For Camp Lejeune Attorneys To Mitigate TCPA Suit Risks

  

  To retain and assist Camp Lejeune clients, it is vital to understand best practices to avoid violating the Telephone Consumer Protection Act, which has been at the center of recent lawsuits against attorneys seeking to reach veterans and their families affected by the toxic water exposure at the Marine Corps base, says Libby Vish at SimplyConvert.

• Participating In Living History Makes Me A Better Lawyer

  

  My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

• Opinion

  Private Equity Owners Can Remedy Law Firms' Agency Issues

  

  Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

• Cos. Must Overhaul Data Privacy Approach To Avoid Lawsuits

  

  With the proliferation of third-party trackers and the increasing complexity of privacy laws, companies need to significantly change their approach to online privacy to avoid litigation by focusing on responsible data collection practices and ongoing monitoring of ad tech tools, says Ian Cohen at LOKKER.

• Don't Wait To Prepare For CFPB's Small Biz Lender Data Rule

  

  Though federal courts in Kentucky and Texas have paused the rollout of the Consumer Financial Protection Bureau's small business loan reporting requirement, with more delays perhaps on the way, financial institutions should nonetheless turn to new agency guidance to prepare for the rule's eventual implementation, say Christopher Friedman and Shelby Lomax at Husch Blackwell.

• What Cos. Must Know About New Ore. Consumer Privacy Law

  

  Oregon was recently the 12th state to enact a comprehensive consumer data privacy law, but its one-year effective date delay is only applicable to certain nonprofits — so entities in the state should review their data inventory, collection and sharing practices to comply by July 1, 2024, say Neeka Hodaie and Lisa Schaures at Seyfarth.

• New FCC Broadband Label Rules Should Be Read Carefully

  

  A recent order from the Federal Communications Commission clarifies standardized broadband label requirements that are pending final approval — and while compliance should be manageable, the rules impose new risk, particularly with regard to speed and latency disclosures, say Craig Gilley and Laura Stefani at Venable.

• Opinion

  Calif. Ruling Got It Wrong On Trial Courts' Gatekeeping Role

  

  Ten years after the California Supreme Court reshaped trial judges’ role in admitting expert opinion testimony, a state appeals court's Bader v. Johnson & Johnson ruling appears to undermine this precedent and will likely create confusion about the scope of trial courts’ gatekeeping responsibility, say Robert Wright and Nicole Hood at Horvitz & Levy.

• Suit Alleging FDIC Overdraft Overreach May Not Make Waves

  

  Regardless of its outcome, a lawsuit filed by a Minnesota community bank and state bankers trade group arguing against recent overdraft-related fee enforcement from the Federal Deposit Insurance Corp. is unlikely to ease pressure from other banking regulators for corrective action on nonsufficient fund fees, say John Stoker and Kate Wellman at Moore & Van Allen.

• Navigating PFAS Compliance With FDA, Emerging State Laws

  

  As PFAS food packaging regulation intensifies at the state level, businesses should consider how federal action and possible preemption from the U.S. Food and Drug Administration may affect their compliance plans, say attorneys at Holland & Knight.

• How To Protect Atty-Client Privilege While Using Generative AI

  

  When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

• What To Know About Calif.'s Cybersecurity Draft Regulations

  

  If adopted, California’s recently proposed privacy regulations would require businesses already subject to the California Consumer Privacy Act to conduct new, independent audits of their cybersecurity programs, which could have a sweeping effect on companies operating in the state, say attorneys at Ropes & Gray.

• How New Lawyers Can Leverage Feedback For Growth

  

  Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

• Key Elements Of The Proposed Credit Card Competition Act

  

  Attorneys at Troutman Pepper examine the most noteworthy provisions in the recently proposed Credit Card Competition Act, including changes to payment card network access, Federal Reserve Board review, who would qualify as a covered institution, and routing restrictions.