Expert Analysis

• What FDA Guidance Means For Future Of Health Software

  

  Two significant final guidance documents released by the U.S. Food and Drug Administration last month reflect a targeted effort to ease innovation friction around specific areas, including singular clinical decision support recommendations and sensor-based wearables, while maintaining established regulatory boundaries, say attorneys at Covington.

• Opinion

  Federal Preemption In AI And Robotics Is Essential

  

  Federal preemption offers a unified front at a decisive moment that is essential for safeguarding America's economic edge in artificial intelligence and robotics against global rivals, harnessing trillions of dollars in potential, securing high-skilled jobs through human augmentation, and defending technological sovereignty, says Steven Weisburd at Shook Hardy.

• Series

  Law School's Missed Lessons: What Cross-Selling Truly Takes

  

  Early-career attorneys may struggle to introduce clients to practitioners in other specialties, but cross-selling becomes easier once they know why it’s vital to their first years of practice, which mistakes to avoid and how to anticipate clients' needs, say attorneys at Moses & Singer.

• CFIUS Initiative May Smooth Way For Some Foreign Investors

  

  A new program that will allow certain foreign investors to be prevetted and admitted to fast-track approval by the Committee on Foreign Investment in the United States will likely have tangible benefits for investors participating in competitive M&A, say attorneys at Simpson Thacher.

• How Policy Differences Affect Recovery From Cyberattacks

  

  Careful attention to policy language and real-world operational realities can mean the difference between a partial and a full recovery after a cyberincident — particularly, how long the insurance policy will cover lost income and extra expenses incurred, and when that period ends, says Scott Godes at Barnes & Thornburg.

• Strategies For Effective Class Action Email Notice Campaigns

  

  Recent cases provide useful guidance on navigating the complexities of sending email notices to potential class action claimants, including drafting notices clearly and effectively, surmounting compliance and timing challenges, and tracking deliverability, says Stephanie Fiereck at Epiq.

• Series

  Judges On AI: Practical Use Cases In Chambers

  

  U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.

• Notable Q4 Updates In Insurance Class Actions

  

  Last quarter featured a novel class action theory about car rental reimbursement coverage, another win for insurers in total loss valuations, a potentially broad-reaching Idaho Supreme Court ruling about illusory underinsured motorist coverage, and homeowners blaming rising premiums on the fossil fuel industry, says Kevin Zimmerman at BakerHostetler.

• California's New Privacy Laws Demand Preparation From Cos.

  

  An increase in breach disclosures is coinciding with California's most comprehensive privacy and artificial intelligence legislation taking effect, illustrating the range of vulnerabilities organizations in the state face and highlighting that the key to successfully managing these requirements is investing in capabilities before they became urgent, says Camilo Artiga-Purcell at Kiteworks.

• If Your AI Vendor Goes Bankrupt: Tackling Privacy And 'Utility'

  

  Because bankruptcies of artificial intelligence vendors will require courts to decide in the moment how to handle bespoke deals for AI tools, customers that anticipate consumer privacy concerns in asset disposition and questions about utility and critical-vendor classifications can be better positioned before proceedings, say attorneys at Sidley.

• Class Actions At The Circuit Courts: February Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from November and December, and identifies practice tips from cases involving the Missouri Merchandising Practices Act and Missouri unjust enrichment claims, the Illinois Biometric Information Privacy Act, the Class Action Fairness Act, and the Telephone Consumer Protection Act.

• Series

  Trail Running Makes Me A Better Lawyer

  

  Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.

• AI Scientific Discovery Order Implications For Life Sciences

  

  President Donald Trump's November executive order establishing a government effort to use artificial intelligence to accelerate scientific discovery has the potential to leverage significant federal resources and data to support research, drug and device approvals, and AI model training in the life sciences sector, say attorneys at Hogan Lovells.

• CFIUS Risk Lessons From Chips Biz Divestment Order

  

  President Donald Trump's January executive order directing HieFo to unwind its 2024 acquisition of a semiconductor business with ties to China underscores that even modestly sized transactions can attract CFIUS interest if they could affect strategic areas prioritized by the U.S. government, say attorneys at Debevoise.

• Malpractice Claim Assignability Continues To Divide Courts

  

  Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.