Expert Analysis

• After Joint Juice, Questions On NY Statutory Awards Remain

  

  A California federal court's recent Montera v. Premier Nutrition decision addressed the question of whether consumers can obtain classwide statutory damages under New York's General Business Law in federal court, but it isn't the lodestar false advertising lawyers were hoping for, say Henry Wainhouse and Joshua Kipnees at Patterson Belknap.

• Opinion

  Litigation Funders Seek Transparency In Disclosure Debate

  

  Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

• Silver Lining For Cos. In Proposed Calif. Privacy Law Changes

  

  Some of the California Privacy Protection Agency’s recent modifications to the proposed regulations implementing the California Privacy Rights Act may be positive for businesses’ compliance strategies, as they make it easier to respond to data subject requests and strengthen security and fraud prevention, say attorneys at Troutman Pepper.

• Cos. Should Start Thinking About IP Protection For Quantum

  

  Matt Marrone at McAndrews Held discusses intellectual property and business considerations around the cutting-edge quantum computing technology that is set for explosive growth, as the rules are decided in real time.

• Anticipating The New Congress' Private Sector Investigations

  

  With Republicans claiming a new majority in the House of Representatives in the upcoming Congress, corporates and individuals should expect a sea change in Congress' investigative priorities and areas of focus — and private sector entities can take prudential steps in the near term to best prepare for and mitigate risk, say attorneys at Latham.

• Privacy Ruling Highlights Risks Of Third-Party Web Tracking

  

  The Ninth Circuit’s recent ruling in Javier v. Assurance — that third-party session replay software usage without user consent may violate a California privacy law — highlights why companies should remain proactive and review all technologies that collect information from their websites, say attorneys at K&L Gates.

• 5 Principles For Better Professional Development Programs

  

  The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

• Beware FTC's Expanded Focus On Private Equity, Individuals

  

  The Federal Trade Commission's recent policy statement broadening its interpretation of unfair methods of competition signals an expanded focus that could have far-reaching implications for future private equity acquisitions, as well as the potential to discourage executives from taking top positions at companies, say attorneys at Baker McKenzie.

• Series

  My Favorite Law Prof: How I Learned To Practice With Passion

  

  First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

• How To Prep For Calif. Social Media Content Moderation Law

  

  California's new social media content moderation law reflects an overarching desire to reduce or address the spread of harmful information — and to comply, companies should review their moderation practices and establish tracking mechanisms for data collection, say Marc Mayer and Stacey Chuvaieva at Mitchell Silberberg.

• State AG Consumer Protection Shift Isn't An Election Fad

  

  We are starting to see the first signs of a new state attorney general consumer enforcement paradigm emerge — with creative use of most favored nation clauses as structural tools — and that is unlikely to end when the last ballot is counted for the 2022 election, says O.H. Skinner at Alliance for Consumers.

• DC Commanders Suit May Expand Consumer Protection Law

  

  The D.C. attorney general’s recent toxic workplace suit against the Washington Commanders alleges violations of the D.C. Consumer Protection Procedures Act, and if it is successful, it could have profound implications for companies in a variety of circumstances, say Gonzalo Mon and Paul Singer at Kelley Drye.

• Navigating The FTC's Expanded Unfair-Competition Stance

  

  Legal practitioners will need to evaluate past, existing and future practices for Section 5 liability in an aggressive enforcement environment, following the Federal Trade Commission's recent policy statement broadening prior guidance on unfair methods of competition, say attorneys at McDermott.

• How Trial Attorneys Can Craft A Winning Closing Argument

  

  Empirical data on audience responsiveness, retention and persuasiveness, coupled with insights from master trial lawyers, illuminate key principles for sound closing arguments that win over jurors, says Harry Caldwell at Pepperdine University Caruso School of Law.

• Why Warranty Providers May Explore CCPA Exemption

  

  In order to prepare for the coming wave of state consumer privacy laws across the country, organizations in the extended warranty industry should assess their exposure to the California Consumer Privacy Act and the applicability of the Gramm-Leach-Bliley Act’s exemption, say attorneys at Locke Lord.