Expert Analysis

A Topic-Based Analysis Of FDA Responses To FOIA Requests

By using a topic modeling method, it's possible to discern the major recurring topics in Freedom of Information Act requests made to the U.S. Food and Drug Administration, as well as the likelihood of success for individual topics, says Bradley Thompson at Epstein Becker.

Tech Company Trade Compliance Programs Need A Check-Up

As sanctions and export controls continue to evolve, companies in the tech sector are often affected in ways that can be difficult to spot, say Carrie Schroll and Matthew Luzadder at Kelley Drye.

Contract Disputes Recap: Avoid Pleading Errors' Harsh Effects

Zachary Jacobson and Stephanie Magnell at Seyfarth examine three recent cases that illustrate the severe consequences different pleading errors may have on a government contractor's ability to pursue a contract dispute, sometimes forever precluding relief regardless of the merits of a claim.

Potential WeWork Bankruptcy May Disrupt Coworking Spaces

If WeWork files for bankruptcy, as hinted at in its recent quarterly earnings report, landlords may struggle to take over management of WeWork's coworking spaces, but the coworking industry as a whole is showing some promise in adapting to the market's evolving post-pandemic office needs, says Ann Chandler at Hall Estill.

Biden Admin's Mental Health Proposal May Not Be Enough

The Biden administration's recent proposed updates to federal mental health care rules acknowledge the difficulty that Americans face in finding and affording care, but may have limited impact due to enforcement challenges, a lack of providers and other issues, say Khaled Klele and Jessica Osterlof at Riker Danzig.

What Cos. Must Know About New Ore. Consumer Privacy Law

Oregon was recently the 12th state to enact a comprehensive consumer data privacy law, but its one-year effective date delay is only applicable to certain nonprofits — so entities in the state should review their data inventory, collection and sharing practices to comply by July 1, 2024, say Neeka Hodaie and Lisa Schaures at Seyfarth.

New FCC Broadband Label Rules Should Be Read Carefully

A recent order from the Federal Communications Commission clarifies standardized broadband label requirements that are pending final approval — and while compliance should be manageable, the rules impose new risk, particularly with regard to speed and latency disclosures, say Craig Gilley and Laura Stefani at Venable.

Okla. Workers' Comp Case Could Mean Huge Shift In Claims

An Oklahoma appeals court's recent opinion in Prewitt v. Quiktrip Corp. may expand the scope of continuing medical maintenance orders in workers' compensation cases to unprecedented levels — with potentially major consequences for employers and insurers, says Steven Hanna at Gilson Daub.

Starbucks 'Memphis 7' Ruling Shows Retaliation Is A Bad Idea

Starbucks’ unsuccessful attempts to quash unionization by retaliating against organizing employees — illustrated by the Sixth Circuit's recent backing of an order that forced the company to rehire seven pro-union workers in Memphis, Tennessee — demonstrates why employers should eschew hard-line tactics and instead foster genuine dialogue with their workforce, says Janette Levey at Levey Law.

Suit Alleging FDIC Overdraft Overreach May Not Make Waves

Regardless of its outcome, a lawsuit filed by a Minnesota community bank and state bankers trade group arguing against recent overdraft-related fee enforcement from the Federal Deposit Insurance Corp. is unlikely to ease pressure from other banking regulators for corrective action on nonsufficient fund fees, say John Stoker and Kate Wellman at Moore & Van Allen

What Wis. High Court Ruling Means For Coverage Analysis

Overturning insurance law precedent in 5 Walworth v. Engerman Contracting, the Wisconsin Supreme Court recently rejected the use of the economic loss doctrine and integrated systems analysis in commercial general liability cases, but a strongly worded concurrence could indicate that the court's opinion may have limited persuasive reach, say Laura Lin and Pierce MacConaghy at Simpson Thacher.

Navigating PFAS Compliance With FDA, Emerging State Laws

As PFAS food packaging regulation intensifies at the state level, businesses should consider how federal action and possible preemption from the U.S. Food and Drug Administration may affect their compliance plans, say attorneys at Holland & Knight.

Cases, Issues That May Shape The Intersection Of AI And IP

Courts dealing with the current, and likely growing, onslaught of intellectual property litigation concerning artificial intelligence will determine whether certain common forms of AI training constitute IP violations, while the government works to determine whether AI-generated output is itself protectable under the law, say Robert Hill and Kathryn Keating at Holland & Knight and Meghan Ryan at Southern Methodist University.

Beware The Legal Risks Of Using AI In Software Development

Software companies are among the most motivated and excited by trained generative artificial intelligence engines, but the output of code writing assistants can include code, comments or other content that infringes copyright or runs afoul of a use restriction associated with its original source location, say Andrew Freyer and Palash Basu at Brownstein Hyatt.

Not To Be Outpaced: How The 2024 NDAA Addresses China

Both the House and Senate versions of the 2024 National Defense Authorization Act include numerous provisions aimed at strengthening U.S. deterrence and competitive positioning vis-à-vis China, while imposing significantly more disruptive burdens on government contractors and their suppliers than in prior years, say attorneys at Covington.

Mass. Robinhood Ruling Will Affect Broker-Dealers Nationwide

Following the Massachusetts Supreme Judicial Court's recent ruling in Robinhood v. Galvin, which upheld the state's rule imposing a fiduciary duty standard on broker-dealers, the Massachusetts Securities Division will likely target in-state and out-of-state firms under the rule, say attorneys at Mintz.

How Jan. 6 Riot Cases Could Affect White Collar Defendants

Though the prosecutions of individuals involved in the Jan. 6 attack on the U.S. Capitol deal with fact patterns markedly different from white collar offenses, the emerging case law on what it means to act “corruptly” will likely pose risks and opportunities for white collar defendants and their attorneys, says Ben Jernigan at Zuckerman Spaeder.

Auto Insurers Should Reassess Calif. Diminished Value Claims

Many California auto insurers currently pay third-party claims for diminished value damages after a vehicle has been in an accident; however, federal decisions interpreting California law suggest that insurers may not have to pay some of these claims, says Charles Danaher at Sheppard Mullin.

How To Protect Atty-Client Privilege While Using Generative AI

When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

NY Cannabis Licensing Row Compounds State Industry Woes

A New York trial court’s recent injunction, preventing state regulators from issuing any new cannabis retail licenses, is the latest setback in a program rollout riddled with legal challenges and other delays, and will likely have negative impacts on operators, applicants, consumers and the state economy, say Meaghan Feenan and William Wolfe at Harris Beach.

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Special Series

Prosecutor Pointers

As new trends enter the courtroom, this Expert Analysis series features prosecutors' practice tips — some time-tested, some newly updated — for every stage of the jury trial, from voir dire to closing statements.

In A 'Barbie' World

On the heels of the "Barbie" movie's historic global box office success, this Expert Analysis series explores regulatory questions and intellectual property battles in marketing and entertainment that have emerged from the evolution of the iconic doll's brand.


Proving Causation Is Key To Fairness And Justice

Ongoing litigation over talc and acetaminophen highlights the important legal distinction between correlation and causation — and is a reminder that, while individuals should be compensated for injuries, blameless parties should be protected from unjust claims, say Drew Kershen at the University of Oklahoma College of Law, and Henry Miller at the American Council on Science and Health.

Calif. Ruling Got It Wrong On Trial Courts' Gatekeeping Role

Ten years after the California Supreme Court reshaped trial judges’ role in admitting expert opinion testimony, a state appeals court's Bader v. Johnson & Johnson ruling appears to undermine this precedent and will likely create confusion about the scope of trial courts’ gatekeeping responsibility, say Robert Wright and Nicole Hood at Horvitz & Levy.

Access to Justice Perspectives

A Judge's Pitch To Revive The Jury Trial

Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

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