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.

• Preparing For FDA's Surprise Foreign Drug Inspection Regime

  

  Foreign drug manufacturers face an increased likelihood of unannounced inspections under a recently expanded U.S. Food and Drug Administration pilot program, so they should take several steps to prepare — or face the risk of an import alert blocking their product from the U.S. market, say attorneys at Ropes & Gray.

• Paltrow Win Offers Lesson In Celebs Staying On Brand At Trial

  

  Gwyneth Paltrow was recently cleared of liability for a ski collision by a Utah state jury, demonstrating why lawyers should consider the public's preexisting perception of a high-profile client and not be afraid to leverage it at trial, even if a celebrity’s persona is unrelatable, say attorneys at Winston & Strawn.

• What RJ Reynolds' Calif. Suit Means For Tobacco Regulation

  

  R.J. Reynolds' recently filed lawsuit against the attorney general of California is testing the limits of the state's 2020 ban on flavored tobacco products — and whatever the outcome, it may help shape tobacco regulations at both the state and federal levels in coming years, say attorneys at Troutman Pepper.

• 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.

• Upside For Advertisers After 2nd Circ. False Ad Suit Revival

  

  Although the Second Circuit's recent revival of the false advertising class action MacNaughton v. Young Living may initially induce stress for advertisers who lack adequate claim substantiation, it is cabined to a unique set of circumstances that most defendants should be able to distinguish, say Julie Simeone and Megha Hoon at Patterson Belknap.

• 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.

• Rare FDA Move Shows Stance On Remote Monitoring Devices

  

  The U.S. Food and Drug Administration's recent warning letter to iRhythm Technologies represents a relatively unprecedented degree of scrutiny to the remote monitoring device industry, say attorneys at Sheppard Mullin.

• What Purdue Ch. 11 Means For Future Of Third-Party Releases

  

  The Second Circuit’s highly anticipated ruling approving Purdue Pharma’s bankruptcy plan establishes stringent factors that lower courts must consider before approving nonconsensual third-party releases, but the circuit split on the matter means the issue is far from resolved, say Gregory Hesse and Kollin Bender at Hunton.

• 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.

• Fashion Brands Must Be Ready For Greenwashing Claims

  

  Recent greenwashing class actions brought against H&M and Nike in Missouri demonstrate that fashion companies continue to face scrutiny from consumers and environmental advocates over their environmental claims, and must be proactive in their sustainability and transparency practices, say attorneys at Eversheds Sutherland.

• 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.

• Tofurky's Beef With La. Labeling Law Leaves Open Questions

  

  In Tofurky's recent challenge to a Louisiana law against intentionally misleading food claims, the Fifth Circuit sidestepped a central free-speech issue, but other courts may have to confront whether similar but more broadly worded statutes in meat-free labeling violate the First Amendment, say Henry Wainhouse and Jonah Knobler at Patterson Belknap.