Expert Analysis

• DC Circ.'s Perchlorate Ruling Means Regulatory Restart

  

  The D.C. Circuit's recent ruling in National Resources Defense Council v. Regan, requiring the U.S. Environmental Protection Agency to regulate perchlorate under the Safe Drinking Water Act, reopens a decadeslong regulatory debate and creates renewed uncertainty for companies, say attorneys at Alston & Bird.

• Opinion

  Appellate Funding Disclosure: No Mandate Is Right Choice

  

  The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

• Emmentaler Case Elucidates Recipe For EU Food Trademarks

  

  In light of the EU General Court recently rejecting the Emmentaler cheese trademark application for lacking distinctive character and not meeting the geographical indication requirements, producers must ensure to protect their trade names before they become commercially generic, says Lars Karnoe at Potter Clarkson.

• FTC Order May Guide Cos. In Avoiding Pyramid Scheme Label

  

  The Federal Trade Commission's recent determination that Success By Health is a pyramid scheme provides invaluable information for direct selling organizations to consider in avoiding that designation, including aspects of that company's business model, policies and procedures, say Branko Jovanovic at Edgeworth and Lia Bozzone at Brattle.

• NBA Players Must Avoid Legal Fouls In CBD Deals

  

  The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

• How Attys Can Avoid Exposing Their Firms To Cyberattacks

  

  Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

• Foreign Investment In Real Estate Is Getting More Complicated

  

  Increasing federal scrutiny and a proliferation of new state laws targeting foreign investment in real estate may complicate or prevent transactions even by U.S. companies or funds that have shareholders or limited partners from China and other countries of concern, say attorneys at Akin.

• Virginia 'Rocket Docket' Slowdown Is Likely A Blip

  

  After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

• A Look At 2023's Major NLRB Developments Thus Far

  

  Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.

• Preparing For Md. Adult-Use Cannabis: Operations And More

  

  As a new regulatory body takes the reins before Maryland’s adult-use cannabis market launches on July 1, industry stakeholders should understand key provisions related to management agreements, secured creditors and receiverships, dispensary operations, and hemp, say Seth Gitner and Jonathan Havens at Saul Ewing.

• Preparing For Md. Adult-Use Cannabis: Licensing Provisions

  

  As the launch of Maryland’s adult-use cannabis market quickly approaches, current and prospective businesses will need to understand key provisions and limitations related to license conversion, qualifying partnerships, social equity applications and microlicenses, say Seth Gitner and Jonathan Havens at Saul Ewing.

• Now Is The Time For State And Local Sales Tax Simplification

  

  In the five years since the U.S. Supreme Court’s landmark decision in South Dakota v. Wayfair, state and local governments increasingly rely on sales tax, but simple changes are needed to make compliance more manageable for taxpayers, wherever located, without unduly burdening interstate commerce, says Charles Maniace at Sovos.

• Diacetyl Jury Verdicts Fuel Continued Flavoring Litigation

  

  As litigation concerning widely used flavoring ingredients, especially diacetyl, has grown — targeting manufacturers of products ranging from microwave popcorn to e-cigarettes — and recent trials have resulted in plaintiff verdicts, it is important for companies to review all flavors used in their products, and the regulations that apply, says Jennifer Steinmetz at Tucker Ellis.

• 5 Management Tips To Keep Law Firm Merger Talks Moving

  

  Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

• How To Mitigate Political Turmoil In Influencer Marketing

  

  Ahead of the 2024 elections, brands should proactively consider tools for managing influencer campaigns, including morals clauses that can be deployed by brands for the purpose of maintaining an apolitical stance, say Matthew Savare and Bryan Sterba at Lowenstein Sandler.