Expert Analysis

• Rebuttal

  Don't 'Fix' Misrepresentation Class Claim Pleading Standards

  

  A recent Law360 guest article's proposal for a new federal pleading standard for class actions involving alleged misrepresentations is a solution in search of a problem, and would create an unnecessary barrier to average people's ability to seek redress in court, says Nicholas Coulson at Liddle Sheets.

• What FTC Report Reveals About ISP Data Collection

  

  The Federal Trade Commission’s recent report on the privacy practices of six internet service providers will likely affirm suspicions about consumer data collection and use, but it also touches on several points regarding user engagement, deceptive claims and antitrust that are worth drawing out, says Andrew Stivers at NERA Economic Consulting.

• Opinion

  Climate Change Lawsuits Are Not 'The New Tobacco'

  

  Plaintiffs filing suits against energy companies over climate change are hoping for a reprise of the tobacco litigation of two decades ago, but recent decisions in opioid cases that repudiated expansive use of public nuisance theories spell trouble for similar climate claims, says Donald Kochan at George Mason University Law School.

• Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

  

  A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

• Ad Rulings Offer Tips For Cos. To Avoid 'Greenwashing'

  

  BBB National Programs' Laura Brett, who oversees the National Advertising Division, reviews recent NAD decisions that address green claims in advertising and that provide useful guidance for businesses seeking to avoid overstating the environmental benefits of their products and services.

• Series

  Confronting Origination Credit: Self-Advocacy Tips For Attys

  

  Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

• Key Takeaways In Bimbo's 'All Butter' False Label Win

  

  The Southern District of New York, in dismissing claims in Boswell v. Bimbo Bakeries that the "All Butter" label on an Entenmann's loaf cake was misleading, applied a standard on false or misleading packaging from another circuit — an unusual decision as the claims might have survived under a different standard, say Daniel Mello and Margaret Esquenet at Finnegan Henderson.

• A Real-World Guide To Staying Discovery In Federal Court

  

  Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

• Auto Cos. Must Prep For State AG Action On Fuel Efficiency

  

  State attorneys general continue to demonstrate their active interest in fuel efficiency standards, so automotive companies should monitor state AGs' statements and activity to respond quickly to new regulatory and enforcement initiatives, say James Koukios and Nathan Reilly at MoFo.

• Heading Into 2022, Fintech Antitrust Strategy Isn't Optional

  

  With antitrust regulators expected to continue increased scrutiny of the fintech sector in the new year, strategies to grapple with key data privacy, open access and employment issues represent a crucial part of doing business in 2022, say Thomas Panoff and William McElhaney at Mayer Brown.

• Mass. Data Privacy Bill Would Increase Litigation Risks

  

  A recently proposed Massachusetts bill could reshape how businesses interact with state consumers and employees, increase the cost and complexity of privacy design and compliance, and expose companies to new and significant enforcement and litigation risks, say Melanie Conroy and Peter Guffin at Pierce Atwood.

• Recent Alcoholic Beverage Labeling Suits Offer Best Practices

  

  As plaintiffs increasingly target alcoholic beverage products, claiming that labels are false or misleading, producers can mitigate liability with certain steps to ensure packaging meets all regulatory approvals, say attorneys at Alston & Bird.

• Heed These Rules, Or Risk Your Argument On Appeal

  

  Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

• What To Include In Orders Governing Remote Arbitration

  

  When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

• Opinion

  Insurers Should Honor Astroworld Coverage Obligations

  

  While insurers may be eager to shift blame on Astroworld showrunner Travis Scott for conditions that resulted in 10 deaths and dozens of injuries, arguments suggesting the tragedy shouldn't be covered appear baseless in light of the facts and the law, says Benjamin Massarsky at Miller Friel.