Expert Analysis

• 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.

• Best Practices In Preparation For FCPA Enforcement Surge

  

  As the U.S. Department of Justice enhances its ability to detect and prosecute Foreign Corrupt Practices Act violations, companies should evaluate and improve their risk assessment methodologies, anti-corruption policies and other compliance tools to help mitigate the consequences of alleged wrongdoing, says Norman Harrison at Kroll.

• 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.

• As Climate Litigation Heats Up, More Cos. Face Liability Risk

  

  The number, pace and sophistication of climate change-related suits are steadily increasing, both in the U.S. and abroad, and while plaintiffs face substantial hurdles under existing law and evidentiary burdens, liability risks to industry, and the scope of potential defendants, are also growing, say attorneys at Pillsbury.

• 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.

• SEC Warning To Crypto Attys Harkens To Prior Crackdowns

  

  U.S. Securities and Exchange Commission Chair Gary Gensler recently admonished fintech lawyers who help clients circumvent federal securities laws, which is a throwback to similar warnings to attorneys during the 2018 initial coin offering bonanza and 1990 savings and loan crisis, suggesting those who control access to crypto investors may face increased scrutiny, says cybersecurity consultant John Reed Stark.

• Takeaways And Next Steps After FSOC's Climate Risk Report

  

  Attorneys at K&L Gates highlight three key conclusions as well as near-term next moves for stakeholders to watch following the Financial Stability Oversight Council's recent report on climate-related financial risk, noting that its progress and gaps will be critical to understanding federal financial regulators' approach to future policies.

• A Software Primer For Attorneys After Cyber Executive Order

  

  President Joe Biden's executive order to improve the nation's cybersecurity has set in motion a number of prospective changes for the software community that will require lawyers to become better versed in secure software development issues and best practices for related due diligence, say Alan Charles Raul and Stephen McInerney at Sidley.

• 3 Cases Could Influence Electric Vehicle SPAC Litigation

  

  Several ongoing lawsuits concerning electric vehicle special purpose acquisition companies could eventually map out liability standards for forward-looking statements on issues such as green energy projections, say attorneys at Quinn Emanuel.

• How DOJ May Beat The White Collar Fraud Clock Post-COVID

  

  The U.S. Department of Justice will likely employ creative strategies to try to sidestep the five-year statute of limitations in certain complex white collar matters following widespread delays due to the pandemic, but each method comes with nuances and weaknesses that may allow appropriate challenges from defense counsel, say Michael Harwin at Stearns Weaver and David Chaiken at ChaikenLaw.

• 5 Critical Steps For Ensuring ESG Transparency

  

  According to Michael Yachnik and Jonny Frank at StoneTurn, there are several steps counsel should take to ensure their companies and clients meet investor expectations for reporting environmental, social and corporate governance responsibilities and other nonfinancial metrics.

• 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.

• CMS Vaccine Rules Could Create FCA Risks For Cos.

  

  The Centers for Medicare & Medicaid Services' interim final rule requiring COVID-19 vaccinations for participating health care providers creates a potential for not only direct enforcement but also qui tam lawsuits, though certain best practices can reduce the chance of litigation, say attorneys at Ropes & Gray.

• How DOD's Climate Focus Will Affect Gov't Procurement

  

  Attorneys at Arnold & Porter discuss effects of the Biden administration’s climate change policies on U.S. Department of Defense procurement, why government contractors should comment on related changes to the Federal Acquisition Regulation while they can, and risks and opportunities to watch for now that these policies are likely here to stay.

• 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.