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Expert Analysis
My Miniature Livestock Farm Makes Me A Better Lawyer
Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.
Surveying The Healthcare Policy Landscape Post-Shutdown
With last week's agreement to reopen the federal government, at least through the end of January, key healthcare legislation that has been in limbo since a December 2024 spending bill fell apart may recapture the attention of Congress, say attorneys at Faegre Drinker.
What Shutdown's End Means For Worker Safety Enforcement
The Occupational Safety and Health Administration and Mine Safety and Health Administration may emerge from the government shutdown struggling to juggle complaint backlogs, litigation delays and newly enacted policies with a reduced and demoralized workforce, so employers should stay alert, say attorneys at Conn Maciel.
Comey Case Highlights Complex Speedy Trial Rights Calculus
Former FBI Director James Comey’s decision to waive his Speedy Trial Act rights in the false statement prosecution against him serves as a reminder that the benefits of invoking these rights are usually outweighed by the risks of inadequate preparation, but it can be an effective strategy in the right case, says Sara Kropf at Kropf Moseley.
Why Foreign Cos. Should Prep For Increased SEC Oversight
With the recent trading suspensions of 10 foreign-based issuers listed on the Nasdaq, an enforcement action against a U.K. security-based swap dealer and the announcement of a cross-border task force, it's clear that the U.S. Securities and Exchange Commission will expand oversight on foreign companies participating in the U.S. capital markets, says Tejal Shah at Cooley.
Key Strategies For Supplement Cos. Facing Lead Risks
In the wake of a recent Consumer Reports article detailing dangerously high levels of lead in many popular protein powders, supplement companies face increased litigation, rising enforcement risks and reputational harm — underscoring the need to monitor supply chains, test ingredients and understand labeling standards, say attorneys at Husch Blackwell.
Unique Aspects Of Texas' Approach To AI Regulation
The Texas Responsible AI Governance Act — which will soon be the sole comprehensive artificial intelligence law in the U.S. — pulls threads from EU and Colorado laws but introduces more targeted rules with fewer obligations on commercial entities, say attorneys at MVA Law.
Workers' Comp Ruling May Expand Ohio Employer Liability
The Ohio Supreme Court's recent decision in State ex rel. Berry v. Industrial Commission marks a shift in Ohio workers' compensation law by reducing judicial deference to the Industrial Commission's interpretations of the state's specific safety requirements and potentially expanding employer exposure, say attorneys at Benesch.
How AI Tech Suppliers Can Address IP Lawyers' Concerns
While artificial intelligence tools can help intellectual property lawyers be more productive and effective, AI tech providers must address issues of privilege, data privacy and confidentiality to make their technology viable and useful for IP law, say Tom Colson at Colson Law and Kevin Bronson at Simpson & Simpson.
From Bank Loans To Private Credit: Tips For Making The Shift
The relationship between private credit and syndicated bank deals will evolve as the private market continues to grow, introducing new challenges for borrowers comparing financing options, particularly pertaining to loan documentation and working capital, say attorneys at Haynes Boone.
How Trial Attys Can Sidestep Opponents' Negative Frames
In litigation, attorneys often must deny whatever language or association the other side levies against them, but doing so can make the associations more salient in the minds of fact-finders, so it’s essential to reframe messages in a few practical ways at trial, says Ken Broda-Bahm at Persuasion Strategies.
3 Takeaways From FDA Cell And Gene Therapy Draft Guidance
The U.S. Food and Drug Administration recently published draft guidance documents that sketch the clearest picture yet of the evolving regulatory framework for cell and gene therapies, reflecting an agency that is increasingly comfortable with flexible, science-driven approaches that extend beyond clinical trial models, say attorneys at MoFo.
Wells Process Reforms Serve SEC Chair's Transparency Goals
Enforcement policy changes U.S. Securities and Exchange Commission Chairman Paul Atkins recently set forth will help fulfill his stated goal of making Division of Enforcement investigations more fair and transparent by changing the Wells process to provide recipients earlier consultations with SEC staff, greater evidence access and more time to file responses, say attorneys at Dechert.
How Store Brand Evolution May Influence IP Cases
A consumer shift toward private-label grocery products has spurred a recent crop of lawsuits, like Smuckers v. Trader Joe's, and parties must be prepared to carefully analyze consumer confusion in the grocery retailing context, as well as expectations and behavior, say Justin LaTorraca, Elizabeth Milsark and Laura O’Laughlin at Analysis Group.
The Ins And Outs Of Decentralized Digital Asset Exchanges
As decentralized digital asset exchanges lack intermediaries, and so remain susceptible to fraud and market manipulation, an understanding of their design is crucial to help market participants avoid fraudulent practices such as liquidity rug pulls, says Swati Kanoria at Charles River.
Contradictory Rulings Show Complexity Of Swaps Regulation
Recent divergent rulings, including two by the same Nevada judge, on whether the Commodity Exchange Act preempts state gambling laws when applied to event contracts traded on U.S. Commodity Futures Trading Commission-regulated markets illustrate the uncertainty regarding the legality of prediction markets, say attorneys at Akin.
How New Law Transforms Large-Load Power Projects In Texas
S.B. 6 — the new Texas law that revises state regulations for large electrical loads and related behind-the-meter projects — introduces higher up-front costs for developers and more flexible operating models for large-load customers, but should provide the certainty needed for greater investment in generation, say attorneys at Sidley.
10th Circ. Debtor Ruling May Expand Wire Fraud Law Scope
The Tenth Circuit’s recent U.S. v. Baker decision, holding that federal fraud law can reach deceptive schemes designed to prevent a creditor from collecting on a debt, may represent an expansive new theory of wire fraud — even as the ruling reaffirmed the requirements of the interstate commerce element, say attorneys at ArentFox Schiff.
How Cos. Should Prepare For Prop 65 Listing Of Bisphenols
California regulators are moving toward classifying all p,p'-bisphenol chemicals as causing reproductive toxicity under Proposition 65, which could require warning notices for a vast range of consumer and industrial products, and open the floodgates to private litigation — so companies should proactively review their suppy chains, says Gregory Berlin at Alston & Bird.
8th Circ. Decision Shipwrecks IRS On Shoals Of Loper Bright
The Eighth Circuit’s recent decision invalidating transfer pricing regulations in 3M Co. v. Commissioner may be the most significant tax case implementing Loper Bright's rejection of agency deference as a judicial tool in statutory construction, says Edward Froelich at McDermott.
Cyber Ruling Illustrates Risks Of Overlapping Coverages
A Minnesota federal court recently held that insurer Illinois Casualty had to defend a suit alleging personal and advertising injury under both cyber protection coverage and the general liability coverage, highlighting complications that can arise when a single claim triggers multiple coverages, says Andrea Martinez at Wiley.
Rule Amendments Pave Path For A Privilege Claim 'Offensive'
Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.
IP Ownership Risk Grows In Booming Cancer Drug Market
The ownership of intellectual property has become strategically decisive in deals involving valuable cancer therapeutics known as ADCs, as highlighted by the recent Takeda-Innovent deal, with the commercial value of a license resting on the integrity and defensibility of the underlying technology, say attorneys at Loeb & Loeb.
Series
My Miniature Livestock Farm Makes Me A Better Lawyer
Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.
When Mortgage Data Can't Prove Discriminatory Lending
As plaintiffs continue to use Home Mortgage Disclosure Act data as grounds for class actions, attorneys must consider the limits of a statistics-only approach and the need for manual loan file review to confirm indications of potential discriminatory lending, say Abe Chernin, Shane Oka and Kevin Oswald at Cornerstone Research.
Special Series
My Hobby Makes Me A Better Lawyer
In this Expert Analysis series, attorneys share how their unusual extracurricular activities enhance professional development, providing insights and pointers that translate to the office, courtroom and beyond.
Adapting To Private Practice
In this Expert Analysis series, attorneys who have made the move from government work to private practice in the last few years reflect on how they transitioned to law firm life, and discuss tips for others.
Opinion
Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar
Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.
Punitive Damages Awards Should Be Limited To 1st Instance
Recent verdicts in different cases against Johnson & Johnson and Monsanto showcase a trend of multiple punitive damages being awarded to different plaintiffs for the same course of conduct by a single defendant, a practice that should be deemed unconstitutional by the U.S. Supreme Court, says Jacob Mihm at Polales Horton.
Access to Justice Perspectives
3 Ways To Boost Access To Justice In NYC Small Claims Court
The New York City Small Claims Court is a critical venue for pro se litigants seeking civil justice, but the system is under strain, and three practical reforms are needed to help strengthen fairness, consistency and access, says Charles Montorio-Archer at the New York City Civil Court.