Expert Analysis


A Nuanced Reading Of DOL's Mental Health Parity Guidance

Though a recent U.S. Department of Labor bulletin may suggest that agency enforcement pressure on group health plans with respect to mental health parity is easing, the takeaways are more complex, and plan sponsors should not relax compliance efforts, say attorneys at Proskauer.


Tariffs Could Be Behind Surge In FTZ Production Filings

As tariffs reshape production sourcing decisions, manufacturers are seeking foreign trade zone production authority at more than twice last year's pace, making it important to consider the potential duty and export benefits, along with review delays and restrictions that can curb savings, say attorneys at Sidley.


White House AI Accord Could Reshape Reasonable Care

President Donald Trump's recent joint commitment on frontier responsibilities — signed by leaders of Google, Anthropic, Meta and more — may pose legal risks for nonsignatories, as businesses using artificial intelligence may find the accord's safeguards cited against them as evidence of what reasonable care requires, says Peter Schildkraut at Arnold & Porter.


AGs' Paramount Settlement Reflects States' Growing Influence

The recent California federal court approval of the California v. Paramount Skydance settlement illustrates how state attorneys general are gaining new independence and influence, and companies must account for state enforcement when assessing merger risks ahead of a deal's closing, say attorneys at Norton Rose.


How Rule 45 Update May Change Remote Trial Subpoenas

The Committee on Rules of Practice and Procedure's recently recommended update to Rule 45 of the Federal Rules of Civil Procedure would expand trial courts’ subpoena power for remote testimony, but it would not alter the standard for authorizing remote testimony and may prompt unresolved questions for foreign witnesses, say attorneys at WilmerHale.


Del. Ruling Shows How AI Meeting Transcripts Can Backfire

In ATG Capital Opportunities Fund v. Lane, the Delaware Court of Chancery reviewed board meeting transcripts generated by an artificial intelligence tool as part of its assessment of the board's motivations, highlighting potential risks of AI-generated corporate records, say attorneys at Debevoise.


Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.


What Colo. High Court Will Weigh In Insurer Disclosure Case

In Bohanan v. Esurance, the Colorado Supreme Court will decide whether an insurance policy must be produced to a claimant notwithstanding the insurer's coverage position, and the court's interpretation of what "may be relevant to the claim," in the statute, will be paramount, say attorneys at Burg Simpson.


6th Circ. Spotlights Cannabis Contract Enforceability Risks

The Sixth Circuit's recent reversal of a $31.8 million jury verdict against a subsidiary of cannabis giant Curaleaf highlights that state licenses do not necessarily provide the legal foundation needed to enforce contracts in federal court, which is a pattern that appears across many sectors, say attorneys at ArentFox Schiff.


Preventing HOA Bias After Wash. Ruling Highlights Risk

Because homeowners nationwide can now draw on precedent from a recent Washington state appellate decision holding that state antidiscrimination law forbids homeowners associations from biased enforcement of their rules, common-interest communities should immediately work to mitigate their expanded exposure to postsale fair housing liability, says Brett Sullivan at Fennemore.


Visual Advocacy In Arbitration: Why It Fails And How To Fix It

As arbitral advocacy increasingly occurs via videoconference, counsel should understand the psychology of information processing and memory to create visuals that effectively move a tribunal, say Donald Vinson and Katie Winks at Arbitration Sciences Limited.


2nd Circ. Eases Employer Defense Of Dress Code Rules

The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.


Series

A Day In The In-House Life: CHAI GC Talks Balance

On a typical day working in healthcare technology from home, Coalition for Health AI Head of Operations and General Counsel Brenton Hill shares his experience on everything from developing responsible artificial intelligence initiatives to discussing contracting strategies, all while navigating the blurred lines between home and work.


Tracking The 2027 Va. Bills That May Tighten Data Center Regs

Data center developers and operators should monitor Virginia legislation responding to the state's new data center accountability framework, local moratoria and the end of an electricity consumption tax, which could change review thresholds, impose new energy rules and slow the approval process, say attorneys at Holland & Knight.


How Bipartisan Permitting Reform May Boost Green Energy

After years of false starts, Congress may finally be nearing a meaningful overhaul of the federal permitting process — and the proposed legislation could provide renewable energy developers with faster project reviews, more durable permits and greater protections from litigation, says Jon Micah Goeller at Husch Blackwell.


OCC Plan May Bring Data Sharing Flexibility, Diligence Issues

The Office of the Comptroller of the Currency's recent proposal to overhaul its supervisory information sharing regime for the first time in decades would provide important flexibility to banks, but it could create new issues around confidentiality agreements, disclosure controls and diligence processes, say attorneys at Simpson Thacher.


Where DOJ's Fraud Directive May Actually Affect Enforcement

The U.S. Department of Justice’s recent directive outlining corporate fraud enforcement priorities is mostly a management document instead of a policy, but one part may actually undermine the directive's goals by leading to worse outcomes for organizational defendants and less corporate self-disclosure, says Zachary Warren at Williams & Connolly.


Reel Justice: 'The Odyssey' And Making Tough Trial Choices

In “The Odyssey,” Odysseus succeeds because he abandons the search for a perfect answer, highlighting for litigators why successful advocacy is about making thoughtful choices that circumvent cognitive biases and mental shortcuts, says Veronica Finkelstein at Widener-Delaware Law.


When Indemnity, Purchase Price Adjustment Claims Overlap

The Delaware Court of Chancery's recent decision in WSP v. Versar highlights that courts are willing to enable a buyer to select either indemnity or purchase price adjustment mechanisms, even if the parties did not envision that when negotiating the purchase agreement, says Claire Frost at Arnold & Porter.


5 Prediction Market Queries For Every League, Athletic Dept.

The NFL's recent amicus brief urging the U.S. Supreme Court to resolve a circuit split over regulating prediction markets and operators like Kalshi raises important, enterprisewide governance questions for leagues, teams and athletic departments, and highlights that regulatory oversight and institutional integrity are related but distinct, say attorneys at Robins Kaplan.



Want to publish in Law360?


Submit an idea

Special Series


My Hobby Makes Me A Better Lawyer

From quilting to clowning to raising miniature livestock, attorneys share how their unusual extracurricular activities enhance professional development.




Judges On AI

Do artificial intelligence tools have any practical judicial applications? In this Expert Analysis series, state and federal judges explore potential use cases for AI in adjudication and beyond.




Opinion


North Carolina's Funding Ban Is An Outlier, Not A Model

A recent Law360 guest article argues that North Carolina's litigation funding ban should be adopted by other states, but that analysis overstates what North Carolina did and misjudges how the law will travel, says Dai Wai Chin Feman at the International Legal Finance Association.

PTAB Panels Should Revamp Their IPR Merits Decisions

In light of U.S. Patent and Trademark Office Director John Squires' recent announcement about returning merits institution determinations to the Patent Trial and Appeal Board, the implementing framework should strengthen PTAB panels' responsibility for the benefit of both petitioners and patent owners, says Brandon Theiss at AddyHart.



Access to Justice Perspectives


3 Reforms Are Needed To Surface Hidden Evidence

The overturned murder conviction of Richard Glossip, who will soon be retried, demonstrates why several measures are needed to help protect against due process violations caused by prosecutors withholding evidence, say Marc Levin and Khalil Cumberbatch at Council on Criminal Justice.