Expert Analysis

• 4 Words In A 1980 Law Could Redraw Bank Lending

  

  The Tenth Circuit's interpretation of a single phrase in the Depository Institutions Deregulation and Monetary Control Act could reshape interstate bank lending, requiring banks and fintechs to document loan-making functions, monitor repayment triggers, and reassess true lender and contractual risks, say attorneys at Sheppard.

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  Law School's Missed Lessons: Cultivating Good Judgment

  

  Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

• The Deep Split Over Mandatory Detention, And What's Next

  

  The government’s mandatory detention policy for noncitizens who entered the U.S. without inspection has led to a spate of decisions this year, with nine circuits rejecting the government's reading of the Immigration and Nationality Act against two that have accepted it, making the issue ripe for U.S. Supreme Court review, says attorney Kemal Hepsen.

• Attorneys Using AI May Have Ethical Duty To Redact Docs

  

  The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

• Retailers Must Navigate State Innocent-Seller Law Patchwork

  

  States' innocent-seller statutes can shield nonmanufacturing retailers from product liability claims to varying degrees, and by building the evidentiary record strategically throughout discovery, companies can improve their chances of obtaining summary judgment — but it is essential to stay abreast of the rapidly evolving policy environment, say attorneys at Chamberlain Hrdlicka.

• State AI Safety Laws Raise New Liabilities For Healthcare Cos.

  

  Healthcare and life science companies using third-party artificial intelligence tools should pay particular attention to the changing state-level legal landscape, where the rollout of multiple AI safety laws is introducing both new compliance obligations and potential consumer protection liabilities, say attorneys at McDermott.

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  Juggling And Unicycling Make Me A Better Lawyer

  

  Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

• AI Note-Taking Suits May Fill Gap In Privacy Law Structure

  

  A recent class action against Granola joins other pending lawsuits against AI note-taking providers, highlighting the legal uncertainty surrounding these tools, but there are practical steps companies using "invisible" AI services can take to mitigate risk, including conducting inventories and reviewing access permissions, say attorneys at Barnes & Thornburg.

• Home Equity Products Face Expanding Regulatory Patchwork

  

  Home equity investment providers, which have recently come under scrutiny from regulators and industry groups, face meaningful burdens as the U.S. Senate and a growing number of states take divergent regulatory approaches, with no uniform standard likely anytime soon, say attorneys at Bradley.

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  Ballet Makes Me A Better Lawyer

  

  A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

• Illinois BNPL Law Casts Wide Net Over Loan Providers

  

  A new Illinois law's broad definition of buy now, pay later providers under its new dedicated licensing and supervisory regime notably imposes conduct standards similar to other consumer credit regimes and aggressively looks through a wide range of business activities and arrangements, say attorneys at Ashurst Perkins.

• How Economic Analysis Informs Consumer Lending Disputes

  

  A new wave of consumer lending class actions makes clear that economic analysis of control, pricing, repayment risk and borrower behavior will be central to litigation involving fintech platforms, earned wage access products and online lending models as regulatory enforcement recedes, say economists at The Brattle Group.

• Insurer Spoliation Ruling Flags Continuing Duty To Preserve

  

  An Illinois federal court’s recent decision to impose spoliation sanctions on the insurer in H.D. Smith v. Cincinnati Insurance provides practical guidance for navigating long-tail coverage litigation, underscoring the importance of evaluating preservation obligations in light of the full life cycle of a dispute, say attorneys at Morgan Lewis.

• Fed. Circ. In July: Meeting The Enablement Requirement

  

  The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted patent infringement claims, and may lead to more enablement challenges, say attorneys at Knobbe Martens.

• 10 Ways To Avoid Privacy Risks Revealed In AI Notetaker Suits

  

  Litigation claiming Otter.ai trained its AI-powered transcription tool on user conversations and a recent complaint alleging Granola’s notetaking bot joined video calls unbeknownst to participants show companies should assess these technologies as communications-capture tools with privacy and wiretap risks, says Jennifer Ruehr at Hintze Law.