Expert Analysis


Why Risk-Based Employee Conduct Policies Are Advisable

In establishing employee conduct policies, companies should consider the extent to which they are exposed to certain types of risk, such as bribery and corruption, as establishing clear written standards offers a step toward avoiding criminal liability, says Steve Melrose at Bellevue Law.


How Cos. Can Adapt To Global AI Regulation Trends

Companies can prepare for the future of artificial intelligence regulation by monitoring proposed and existing regulations both in the U.S. and abroad, tailoring their internal compliance architecture for AI-specific risks, and looking for opportunities to lead on governance issues, says Nicholas Diamond at Jackson Walker.


Implications Of SEC's Latest Insider Trading Charges

The U.S. Securities and Exchange Commission's recently settled insider trading charges against officers of a mobile internet company highlights the danger of setting up Rule 10b5-1 plans while even arguably in possession of material nonpublic information, and provides some clues about proposed changes to the rules governing such plans, say attorneys at Cleary.


13 Cognitive Distortions That Plague Defense Witnesses

In civil litigation, witnesses exhibiting negative thought patterns can spell trouble — so defense counsel should familiarize themselves with the most common cognitive distortions that can cripple their witnesses' testimony, and try to intervene to help reframe their perceptions, say Bill Kanasky Jr. and Steve Wood at Courtroom Sciences.


How Crypto Miners Can Support A Cleaner Energy System

While cryptocurrency mining uses enormous amounts of energy, the industry is aware of the need to reduce its carbon footprint — and positive practices such as decarbonizing power grids and supporting dispatchable supply can allow it to do so, say Dennis Elsenbeck and David Flynn at Phillips Lytle.


NJ High Court Ruling Doesn't Negate Insurer Duty To Defend

The New Jersey Supreme Court's decision in Norman v. Admiral Insurance, finding a narrow exception to the duty to defend, doesn't allow insurers to skip out on their litigation defense obligations, say Eric Jesse and Seth Fiur at Lowenstein Sandler.


Why Minor League Labor Negotiations Will Be Complicated

Despite the Major League Baseball voluntarily recognizing the recently announced Minor League Baseball union and avoiding a potentially contentious process, the forthcoming labor negotiations will be complex for multiple reasons — from minor leaguer demographics to the specter of antitrust scrutiny, says Christopher Deubert at Constangy Brooks.


COVID Relief Borrowers, Lenders May See Increased Scrutiny

Armed with a recently extended statute of limitations, federal prosecutors are building increasingly complex fraud cases focused on misuse of COVID-19 relief loans, involving larger dollar amounts and more defendants, and necessitating vigilance from lenders, say attorneys at Polsinelli.


5 Considerations In Preparing For EU's New Patent System

With the upcoming implementation of the unitary patent and Unified Patent Court, Europe gets closer to its long-term goal of one EU patent that can be enforced in one court, and non-EU patent owners and applicants will have strategic decisions to make, say Fabian Koenigbauer at Ice Miller and Thomas Kronberger at Grünecker.


4 Strategies For Drafting Effective Consumer Breach Notices

Businesses should consider key strategies when drafting consumer breach notification letters, such as knowing their audience and what is on their mind, and prioritizing user-friendliness and tone, say attorneys at Troutman Pepper.


EPA Microfiber Pollution Report Sets Stage For Regulation

A new U.S. Environmental Protection Agency draft report that cites the textile and fashion industries as the leading sources of microfiber pollution may lay the groundwork for future regulation, making it increasingly important for companies to monitor how the government defines and handles microfibers, say Byron Brown and Preetha Chakrabarti at Crowell & Moring.


Series

Keys To A 9-0 High Court Win: Practicality Over Perfection

When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.


A Trusted Cybersecurity Framework Is Imperative For Lawyers

The recent increased risk of cyberattacks has a number of profound implications for law firms, and complying with government guidance by embedding a cyber-savvy culture and adhering to a security framework will enable lawyers to add extra layers of defense and present their clients with higher levels of protection, says Marion Stewart at Red Helix.


Sorting Out Access Easement Rights In Shopping Centers

The pandemic has created an uptick in disputes involving businesses that generate too much drive-thru traffic in shared spaces, and though state-specific holdings on relevant doctrines are frustratingly inconsistent, the simplest precaution is to explicitly establish easement rights in advance, say Brian Watt and Matt Bailey at Troutman Pepper.


5 Considerations When Seeking Federal EV Funding

A recent White House fact sheet shows how federal efforts to support the full scope of the electric vehicle industry have moved the needle, but some details about how to use those funds are still being ironed out, and there are a few issues to watch, say attorneys at Morgan Lewis.


A Look At Sephora CCPA Case Through An Employment Lens

A recent California Consumer Privacy Act action against Sephora, over the company's alleged sale of website users' personal information, provides California companies with insight into what enforcement may look like in an employment context, which can help employers prioritize compliance efforts, says Randy Boyer at Nossaman.


What New Bar Exam Means For Law Students And Schools

Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.


DOJ Deals Showcase Job Ad Bias Enforcement Trends

Over the past four months, the U.S. Department of Justice has settled 20 claims related to job ad discrimination toward non-U.S. citizens, highlighting a clear indication of the department’s investigatory focus and reminding employers of key compliance measures, say attorneys at Quarles & Brady.


State COVID Insurance Rulings Highlight Errors In Dismissals

Recent California and Vermont decisions in favor of policyholders, along with a $48 million jury verdict in Texas, underscore the error that courts are making by dismissing COVID-19 business interruption lawsuits at the pleading stage without consideration of the facts and evidence in each case, say Joseph Niczky and Michael Levine at Hunton.


9th Circ. Delta-8 Ruling Was Probably A Blip, Not A Landmark

Though the Ninth Circuit’s recent decision in AK Futures v. Boyd St. Distro provided clarity for those seeking to enforce trademark protections for Delta-8 THC products, it likely will not lead to long-term change, and it would be unwise to interpret the ruling as a green light for intoxicating hemp, says Marshall Custer at Husch Blackwell.



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Special Series


Embracing ESG

In this Expert Analysis series, in-house counsel share how they are adapting to the growing importance of environmental, social and corporate governance factors.




In-House At A Cannabis Company

In this ongoing Expert Analysis series, in-house counsel at cannabis companies discuss the unique compliance issues they’re navigating as the industry burgeons into a multibillion-dollar ballgame.




Opinion


Time To Rethink The Federal Home Loan Bank System

As the Federal Housing Finance Agency looks to review its Federal Home Loan Bank system, we should reflect on the system's drift away from its original mission and recognize the need for Congress to reform the entire federal housing finance infrastructure, says David Reiss of Brooklyn Law School.

3 Recent Cases Highlight Public Nuisance Climate Suits' Flaws

Recent rulings by federal courts in West Virginia and Illinois, and a state court in Delaware, rejecting efforts to categorize societal problems like climate change as public nuisances are a sign that officials should give up on this litigation strategy, says Phil Goldberg at Shook Hardy and the Manufacturers’ Accountability Project.



Access to Justice Perspectives


Algorithms Have Potential To Reduce Sentencing Disparities

Criminal legal system algorithms have mostly been used to assess the risk posed by defendants in settings like pretrial release, bail determinations, sentencing and parole supervision, but predictable modeling can also be used to reduce sentencing disparities and overly punitive outcomes, say ACLU researchers and collaborators.





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