Expert Analysis

• 'Made In America' EO May Not Survive Section 230

  

  President Donald Trump's recent executive order to combat fraudulent "Made in America" claims in advertising directs the Federal Trade Commission to deem online marketplaces' failure to verify third-party origin claims as unlawful, but such a rule would likely run into Section 230's publisher immunity doctrine, say attorneys at Blank Rome.

• Rebuttal

  FTC Case Reinforces Established Price Discrimination Rules

  

  Far from redefining price discrimination, as contended by a recent Law360 guest article, the Federal Trade Commission's suit against Southern Glazer's falls squarely within the historical interpretation of the Robinson-Patman Act, says retired attorney Irving Scher.

• Opinion

  State Bars Need To Get Specific About AI Confidentiality

  

  Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

• Calculating Damages In IEEPA Tariff Refund Litigation

  

  To calculate damages in the spate of refund litigation triggered by the U.S. Supreme Court's recent decision invalidating tariffs collected under the International Emergency Economic Powers Act, the central question will be how to determine where in the supply chain their economic burden ultimately came to rest, say analysts at Charles River Associates.

• 'Made In America' Rules Raise Stakes For Gov't Contractors

  

  The convergence of widely varying "buy American" requirements, increased enforcement efforts and continuing regulatory attempts to limit foreign sourcing suggests that government contractors should carefully review their supply chain and country-of-origin compliance to remain competitive, say attorneys at Arnold & Porter.

• Series

  Alpine Skiing Makes Me A Better Lawyer

  

  Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

• Chicago Suits Highlight Struggle Over Piercing Corporate Veil

  

  A union's latest lawsuit against the owners of a storied Chicago bar and restaurant that closed in 2023 illustrates how doing business via a limited liability company does not necessarily protect owners' personal assets — but also that obtaining a judgment does not mean that collection is automatic, says James Trail at Ginsberg Jacobs.

• Pivotal 6th Circ. Ruling Threatens Decades Of NLRB Decisions

  

  The Sixth Circuit's recent decision in Brown-Forman v. National Labor Relations Board fundamentally challenged the NLRB's long-standing practice of establishing policies through adjudication rather than formal rulemaking, giving employers and unions a new avenue to procedurally attack the vast majority of its rules, say attorneys at Faegre Drinker.

• Why MDLs Slow Down — And How To Speed Them Up

  

  Multidistrict litigation has become central to mass tort practice, but as MDLs grow in size and complexity, so do delays and costs — so tools like the new federal rule governing MDLs, targeted use of special masters and strategically deployed Lone Pine orders are more essential than ever, say attorneys at Ice Miller.

• What A Court Doc Audit Reveals About Erroneous Filings

  

  My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

• Opinion

  FTC Case Risks Redefining Price Discrimination

  

  Federal Trade Commission v. Southern Glazer puts a spotlight on the blurry line between illegal price discrimination and ordinary competition, and could potentially set a precedent that puts nearly any manufacturer at risk of Robinson-Patman Act enforcement, says Jeremy Sandford at Econic Partners.

• Series

  Ultramarathons Make Me A Better Lawyer

  

  Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

• Getting The Most Out Of Learning And Development Programs

  Excerpt from Practical Guidance

  

  Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

• Opinion

  AI Presents A Make-Or-Break Moment For Outside Counsel

  

  The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

• 8 Tariff Refund Questions For Restructuring Professionals

  

  For restructuring and turnaround professionals, seeking refunds following the U.S. Supreme Court's recent decision invalidating tariffs imposed under the International Emergency Economic Powers Act raises several questions about how to capture legitimate recoveries while protecting an enterprise from the consequences of its own history, says Jonny Frank and Laura Greenman at StoneTurn, and Andrew Popescu at Province.