Expert Analysis

Courts in Florida have struggled over whether a business has standing to bring a claim under the Florida Deceptive and Unfair Trade Practices Act when consumers suffer harm — but there is an argument that has not yet been considered that could resolve the question, say Aaron Weiss and Michael Zilber at Carlton Fields.

As the U.S. plays catchup with other countries that have introduced blockchain into their health care systems, the technology is poised to drastically change the industry's revenue cycles, data management and beyond, which will result in better care for patients and more assurance for provider reimbursements, say Michael Ruggio and Jacob Butz at Ice Miller.

The growing use and rapidly evolving regulation of drone technology across industries raise tricky insurance coverage questions and increase exposure to third-party liability and first-party loss, say attorneys at Covington & Burling.

In light of recent enforcement actions and privacy class actions, it is critical for businesses to review their mobile applications’ privacy "nutrition labels" — which provide an overview of how user data is processed— to ensure that they accurately reflect an app's activity and are consistent with the business's other disclosures, say attorneys at Troutman Pepper.

The U.S. Department of Labor’s recently proposed rule on how retirement plans can make investment decisions that consider environmental, social and governance factors significantly revises regulations adopted at the end of the Trump administration, paving the way for plan fiduciaries to more easily consider ESG factors, say attorneys at Morgan Lewis.

California employers that introduce floating or choose-your-own holidays to promote a more inclusive workplace will need to address the wage and hour concerns this flexibility presents, particularly with regard to the payout of vacation wages at termination, says Camille Gustafson at Paul Plevin.

The U.S. Securities and Exchange Commission recently surpassed $1 billion in total awards made to more than 200 individual whistleblowers — two important milestones that reflect the commission’s embrace of whistleblower tips as a source of market information on corporate wrongdoing, and highlight the need for companies to reevaluate their internal reporting frameworks, say attorneys at Arnold & Porter.

Telehealth providers should pay attention to three enforcement trends that have emerged at the U.S. Department of Justice and take certain steps now to reduce the risk of fraud, say Kate Driscoll and Logan Wren at MoFo.

Though U.K. and EU law enforcement agencies have made some recent progress in working together in the aftermath of Brexit, looming challenges raise questions regarding the U.K.'s ability to cooperate, says John Binns at BCL Solicitors.

Given President Joe Biden's focus on antitrust enforcement in the labor markets, defendants in no-poach and wage-fixing prosecutions can anticipate aggressive volume-of-commerce calculations, and should look to broader criminal antitrust case law to determine how fine and sentencing enhancements may be applied, say attorneys at Baker McKenzie.

In light of the pandemic’s turbulent effect on the labor market, employers may want to pay careful attention in preemployment negotiations to avoid liability exposure during verbal discussions and when drafting written agreements, says Travis Tatko at Capell Barnett.

The California Office of Environmental Health Hazard Assessment's plans to expand regulation of per- and polyfluoroalkyl substances under Proposition 65 will likely increase litigation and enforcement risks for companies doing business in the state, say Brett Winters and Graham Ansell at GSI Environmental and Will Wagner at Arnold & Porter.

A Delaware federal court's recent decision in Caliber North Dakota v. Nine Point Energy Holdings — that nondebtor counterparties' contract rights terminate upon bankruptcy rejection when they depend upon the debtor's future performance — establishes an important outer boundary of the rejection-as-breach rule established by Supreme Court precedent, say attorneys at Proskauer.

The recent Delaware Chancery Court ruling in Online HealthNow v. CIP OCL reiterates that contractual fraud claims cannot be eliminated with the stroke of a pen, and serves as a reminder that Delaware courts will not permit statutory limitations on liability to excuse intentional fraud, say attorneys at Shearman.

While the U.S. Senate is unlikely to sign onto the Corporate Governance Improvement and Investor Protection Act, which would require companies to make more comprehensive environmental, social and governance disclosures, the U.S. Securities and Exchange Commission may attempt ESG disclosure rulemaking without congressional approval — but it won't be easy, say attorneys at King & Spalding.

As expert witnesses increasingly testify via videoconference at trial, attorneys should develop strategies to address the risks of a disinterested jury during both direct and cross-examination, focusing on factors like demonstrative evidence, eye contact and more, say Robert Goodson and Golriz Chrostowski at Wilson Elser.

As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

The Biden administration's plan to move the U.S. electricity sector to renewable energy will require extensive new high-voltage transmission infrastructure, but since states have the ability to block construction of power lines, Congress will need to give federal regulators eminent domain authority over state-owned lands to get the job done, say attorneys at V&E.

The recent Federal Circuit opinions in Campbell Soup v. Gamon Plus and the case of SurgiSil underscore the substantial differences between design patents and utility patents, but intellectual property litigators can better prepare themselves to dive into this area by keeping in mind a few critical recommendations, says Nathan Sabri at MoFo.