Expert Analysis


What Insurers Need To Know About 2 New California Laws

California Gov. Gavin Newsom signed two measures last week that while addressing distinct issues — catastrophe claims handling and insurers' corrective actions, respectively — reflect similar themes, including insurers' preparation before problems arise, transparency while they are being addressed, and meaningful remediation afterward, says Lucy Wang at Hinshaw.


FCC Covered List Is Pushing Limits Of Supply Chain Scrutiny

Companies outside the traditional telecommunications sector may now need to factor the Federal Communications Commission's equipment authorization requirements into supply chain compliance as the FCC covered list continues to expand as a national security tool, say attorneys at Morgan Lewis.


SEC's Shareholder Activism Role After The '26 Proxy Season

The U.S. Securities and Exchange Commission recently proposed eliminating its shareholder proposal rule, but this proxy season's combination of elevated campaign activity, limited formal escalation and measured voting outcomes illustrates why a targeted SEC role remains important, say attorneys at Sidley.


Foreclosure May Not Be The Fix For Distressed Office Loans

Recently declining office values show that distressed borrowers and lenders should consider negotiated workouts, tax planning and value-preserving leasing strategies as refinancing gaps and special-servicing constraints make foreclosure an increasingly costly last resort, says Howard Koh at Meister Seelig.


Series

NY Banking Brief: All The Notable Legal Updates In Q3

Several developments from New York financial services regulators in the third quarter reflect a common theme — regulators are increasingly seeking to apply established supervisory expectations to newer market participants and emerging financial products, say attorneys at Blank Rome.


AG Watch: Texas Takes A Lone State Stand Against Tech Cos.

A look at Texas Attorney General Ken Paxton's recent actions against Meta Platforms and Amazon.com illustrates how Texas is distancing itself from multistate coordination, offering practitioners a crucial perspective on navigating individual state actions amid coordinated attorney general litigation, say attorneys at Kelley Drye.


Contact Lens Rule's Evolution Steers FTC Guidance Program

The history of the Federal Trade Commission's Contact Lens Rule illustrates the goals of the FTC's recently announced guidance program, which aims to strengthen consumer protection and safeguard competition, say attorneys at Wilson Sonsini.


Upholding Energy Efficiency Rules If DOE Eases Enforcement

Despite recent moves by the Energy Department and Congress to limit energy efficiency enforcement, companies should maintain current efficiency standards and testing procedures lest they risk state or private action, enforcement lookbacks during future administrations, truth-in-advertising complaints and more, say attorneys at HWG.


Understanding Risks Of Employees' AI-Drafted Complaints

As employees increasingly use generative artificial intelligence to draft complaints about workplace misconduct, investigators must adapt their practices so that the process remains fair, thorough and grounded in fact, says Rebecca Foxwell at Bracewell.


New Suits Raise Stakes After 7th Circ. 'Zero Sugar' Ruling

The Seventh Circuit's recent ruling in Franco v. Chobani that "zero sugar" claims on allulose-sweetened products are not preempted has sparked a wave of lawsuits, and companies can no longer assume that federal allulose guidance is a safe harbor, say attorneys at Bradley Arant.


Meta Smart Glasses Suit Will Test Privacy Law For Bystanders

In a consolidated suit over how Ray-Ban Meta AI smart glasses handle personal video footage, a recently proposed class of unwittingly recorded bystanders highlights questions over whether privacy laws and product disclosures adequately address the risks wearable recording devices pose to nonusers, say attorneys at Barnes & Thornburg.


Patent Eligibility Bulletin: Claim Solutions, Not Results

In the third quarter of the year, two Federal Circuit decisions illustrated that claims sharing the same disclosure can fall on opposite sides of the patent eligibility line, depending on the specific nuances of tech patents' claims, says Reilley Keane at Banner Witcoff.


Prediction Market Case Tests Novel Insider Trading Theory

The government's argument in its case against a soldier accused of using classified information to bet on Venezuelan President Nicolás Maduro's capture would represent a sea change in how insider trading wire fraud has been prosecuted for decades, says Alex Blanchard at Holland & Knight.


DOJ-Agri Stats Settlement Offers Key Benchmarking Lessons

A Minnesota federal court's recent approval of the Agri Stats settlement marks a significant milestone as it's the most granular U.S. Justice Department guidance on permissible competitor benchmarking since the 2023 withdrawal of the safety zone, lending predictability for companies in data-pooling arrangements, say attorneys at Arnold & Porter.


Why Importers Should Assess IEEPA Refund Claims Now

Businesses that wait for direction from U.S. Customs and Border Protection or the courts before seeking refunds of their finally liquidated International Economic Emergency Procedure Act duties in court may find them out of reach as the earliest potential limitation deadlines are approaching, says Samuel Finkelstein at LMD Trade Law.


Abbott FCA Deal Shows Enforcement Adequacy Quandaries

Abbott Laboratories’ recent False Claims Act resolution illustrates several tricky questions that both prosecutors and defense counsel must address when weighing whether a civil enforcement action alone adequately addresses allegedly wrongful conduct, says James Koukios at MoFo.


3 Illinois Updates That Bolster Mortgage Lender Enforcement

Illinois lenders can use clarifications from recent legislative and judicial developments — a law defining the limitations period for home equity loans and two rulings on quiet title actions and lien expirations during foreclosures — to sharpen their enforcement tools and better protect their mortgage rights, says Stephanie Mulcahy at Hinshaw.


New DNA Screening Standard Has No Clear Playbook

Although the government has not yet released promised guidance intended to support its new standards for screening mail-order DNA, companies should not read this as a reprieve from the Oct. 13 compliance deadline because the delay shifts enforcement risk to statutes that need no new authority, including false statements, the False Claims Act and fraud, says Ashwin Ram at Buchalter.


Visa Ruling Exposes APA Risks For DHS Grace Period Repeal

Four defects described in a September district court decision halting the U.S. Department of Homeland Security's new restrictions on student visas as arbitrary and capricious under the Administrative Procedure Act can also be seen in the agency's recent proposal to eliminate a long-standing grace period for laid-off skilled foreign workers, says Jun Li at Reid & Wise.


Series

Mich. Banking Brief: All The Notable Legal Updates In Q3

We are at an inflection point for Michigan financial services law, with a state Supreme Court decision recently overruling more than 25 years of precedent on the Michigan Consumer Protection Act, and pending legislation that could significantly shift the regulatory landscape, say attorneys and advisers at Dykema.



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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


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.

Clancy Trial Shows Need For Juror Anonymity Reforms

Doxing of the holdout juror in the Lindsay Clancy murder mistrial in Massachusetts illustrates the increasing need to provide jurors with greater protection once service ends in high-profile cases, balancing concerns about transparency and independence, says Daniel Schneider at Offit Kurman.



Access to Justice Perspectives


How High Court Bivens Prison Case May Shape Defense Tools

In Nielsen v. Watanabe, the U.S. Supreme Court is unlikely to extend the Bivens framework that allows federal prisoners to sue prison staff for deliberate indifference to their medical needs, thus handing defense counsel two sharpened pleading-stage arguments, says Albert Zakarian at Blackstone Trial.