Expert Analysis

• How State Actions Are Reshaping Surveillance Pricing Risk

  

  Amid heightened state enforcement activity and expanding legislative action to curb surveillance pricing concerns related to transparency, fairness and discrimination, businesses should closely examine how consumer data is used in pricing decisions, say attorneys at Steptoe.

• 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.

• 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.

• Employer Lessons From Apple Ruling Resolving OT Question

  

  In Costa v. Apple, a California federal court recently handed employers a win on a previously unresolved wage and hour question, offering a reminder that favorable outcomes on novel issues often hinge on the specific facts of a company's own program and compliance efforts, say attorneys at Foley & Lardner.

• What's Inside Proposed, Expanded NY Stablecoin Regulations

  

  New York's recently proposed regulations for payment stablecoin issuers would, if adopted, increase the regulatory burdens of a state license, and midsize issuers considering a conversion to a federal charter should weigh the associated costs of both options, say attorneys at Lowenstein Sandler.

• Why The 2nd Circ. Upheld Beneficial Ownership Blockers

  

  The Second Circuit recently held that a properly drafted contractual blocker — which caps an investor's beneficial ownership below 10% and automatically voids any transaction that would breach the cap — shields the investor from Section 16(b) liability, demonstrating that blockers have teeth, say attorneys at Sheppard.

• When Leaked Settlement Talks Complicate High-Profile Cases

  

  A recent sexual harassment case involving JPMorgan Chase highlights how leaked settlement offers can affect public perception of litigation, reminding parties that a confidentiality label does not automatically create an enforceable obligation because evidentiary exclusion is limited and purpose-specific, say attorneys at Lowenstein Sandler.

• 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.

• High Court, SEC Proposals Set Stage For Further Fund Reform

  

  The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

• 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.

• Using Disclosure Process Defense In Securities Fraud Cases

  

  Courts' recent endorsement of the involvement-of-counsel defense in securities fraud litigation has clarified that its use depends on how evidence is used, carrying important lessons for presenting evidence of a disclosure process to undermine scienter, say attorneys at Sidley.

• Rhode Island Self-Checkout Law Signals National Trend

  

  Rhode Island's law limiting self-checkout in retail stores is the first of its kind, but state and local lawmakers across the country are considering similar bills — and if enacted, they could create a patchwork of compliance requirements around issues including staffing, signage and restricted merchandise, says Hannah Flint at Hunton.

• USPTO-Fed. Circ. Split Complicates Machine Learning Patents

  

  The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

• 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

  

  After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

• Inside Differing State Approaches To Prediction Market Taxes

  

  As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.