Expert Analysis

• 3 Private Suits Test Influencer Ads As FTC Stays On Sidelines

  

  Three lawsuits filed so far this year illustrate how influencer campaigns are facing growing scrutiny from private plaintiffs, despite the Federal Trade Commission not bringing an influencer marketing enforcement action since revising its endorsement guides to address the topic in 2023, but brands can take concrete steps to reduce the risks, says Gonzalo Mon at Kelley Drye.

• Where Is The Line On Actionable Comms In Securities Cases?

  

  Recent securities cases demonstrate the difficulty in discerning a clear difference between statements made in connection with the purchase or sale of securities and those that aren't, with that line more likely attributable to individualized factual situations than to any doctrinal differences of opinion between various courts, says Samuel Groner at Fried Frank.

• Post-Ismael Bias Cases Reinforce Familiar Employer Lessons

  

  Despite the Eleventh Circuit's 2025 decision in Ismael v. Roundtree sparking concern that summary judgment could become more difficult for employers in discrimination and retaliation cases, courts continue to examine whether the employer's explanation, decision-making process and contemporaneous record tell a consistent story, say attorneys at Krevolin Horst.

• Fed. Circ. In June: When Courts Can't Correct Patent Errors

  

  The Federal Circuit's recent decision in Enanta v. Pfizer explores and clarifies the limits of what can be corrected in a patent application, even if the error is obvious, say attorneys at Knobbe Martens.

• A Shift In How Policymakers Are Approaching PBM Regulation

  

  Recent federal and state legislative and regulatory activity involving pharmacy benefit managers represent a change in focus from transparency to PBM compensation structures, vertical integration and competitive effects, say attorneys at Barclay Damon.

• Defense Tips For Execs In DOJ's Tariff Fraud Crosshairs

  

  As the Justice Department begins to criminally prosecute individual executives for tariff evasion, every importer of goods subject to elevated duties should understand how these cases are being built and which institutional decisions can shape their outcome, says Ashwin Ram at Buchalter.

• What NYC Bridge Crash Signals About Micromobility Liability

  

  A recent fatal crash between a cyclist and a man riding a high-powered electric scooter on New York City's Queensboro Bridge highlights how litigation over accidents involving micromobility devices may increasingly shift away from ordinary negligence and toward product liability, says Jeff Korek at Gersowitz Libo.

• 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

  

  The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

• Assessing The Benefits Of Fla.'s Newest Business Structure

  

  As of July 1, Florida business owners can create protected series LLCs to shield assets from liability while avoiding increased costs and wasted time, but burdensome recordkeeping obligations are crucial to maintaining the very protection that makes them attractive in the first place, says Gregory Ritter at Moritt Hock.

• Series

  Teaching SEC Investigations Makes Me A Better Lawyer

  

  Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

• And Now A Word From The Panel: MDL Judge Selection

  

  To understand how the Judicial Panel on Multidistrict Litigation selects particular judges to preside over MDL proceedings, it helps to consider not only how much experience on the federal bench a judge has, but also whether they have specifically managed any prior MDLs, says Alan Rothman at Sidley Austin.

• Opinion

  Qualified Immunity Bill's Reach Goes Beyond Federal Officers

  

  The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

• Series

  Judges On AI: Examining Administrative, Organizational Uses

  

  U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

• Series

  Being A Singer Makes Me A Better Lawyer

  

  Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

• Mass. UHC Fraud Suit Signals States' Medicaid FCA Push

  

  Massachusetts' recently filed False Claims Act suit alleging UnitedHealthcare misrepresented the health status of enrollees in a Medicaid senior care organization plan it managed pushes forward a new phase of state-level scrutiny of managed care data and Medicaid payment mechanisms, say Li Yu at Bernstein Litowitz, Ellen London at London & Naor and Gwendolyn Stamper at Vogel Slade.