Expert Analysis

• Cos. Face Growing Exposure To Unfair Trade Practice Suits

  

  Claims against companies that were traditionally governed by tort, products liability, nuisance or environmental law are increasingly being brought under state unfair and deceptive practices statutes — and defense practitioners and in-house counsel should note these laws often provide expanded remedies and procedural advantages to plaintiffs, say attorneys at Kean Miller.

• Cos. Must Prep For Changes To Calif. Battery Recycling Law

  

  With important changes to California's Responsible Battery Recycling Act taking effect in January, manufacturers and retailers should review updated format and product definitions and exclusions, determine their new responsibilities, and be prepared to submit new stewardship plans in advance of the deadline, says Thierry Montoya at FBT Gibbons.

• Series

  Mentalism Makes Me A Better Lawyer

  

  Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

• W.Va. Case Could Be An Existential Threat To Citizen Suits

  

  Environmental citizen suits supplement enforcement by federal agencies that can't be in all places at all times — but litigants in a West Virginia federal court are arguing that such suits are unconstitutional, and those arguments could gain ground in the current legal landscape, says David Romine at Langsam Stevens.

• Why And How To Build A Neurodiversity-Informed Practice

  

  By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

• AG Watch: Texas Takes A Lone State Stand Against Tech Cos.

  

  A look at Texas Attorney General Ken Paxton's recent actions against Meta Platforms and Amazon.com illustrates how Texas is distancing itself from multistate coordination, offering practitioners a crucial perspective on navigating individual state actions amid coordinated attorney general litigation, say attorneys at Kelley Drye.

• Upholding Energy Efficiency Rules If DOE Eases Enforcement

  

  Despite recent moves by the Energy Department and Congress to limit energy efficiency enforcement, companies should maintain current efficiency standards and testing procedures lest they risk state or private action, enforcement lookbacks during future administrations, truth-in-advertising complaints and more, say attorneys at HWG.

• New Suits Raise Stakes After 7th Circ. 'Zero Sugar' Ruling

  

  The Seventh Circuit's recent ruling in Franco v. Chobani that "zero sugar" claims on allulose-sweetened products are not preempted has sparked a wave of lawsuits, and companies can no longer assume that federal allulose guidance is a safe harbor, say attorneys at Bradley Arant.

• Meta Smart Glasses Suit Will Test Privacy Law For Bystanders

  

  In a consolidated suit over how Ray-Ban Meta AI smart glasses handle personal video footage, a recently proposed class of unwittingly recorded bystanders highlights questions over whether privacy laws and product disclosures adequately address the risks wearable recording devices pose to nonusers, say attorneys at Barnes & Thornburg.

• Abbott FCA Deal Shows Enforcement Adequacy Quandaries

  

  Abbott Laboratories’ recent False Claims Act resolution illustrates several tricky questions that both prosecutors and defense counsel must address when weighing whether a civil enforcement action alone adequately addresses allegedly wrongful conduct, says James Koukios at MoFo.

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  Mich. Banking Brief: All The Notable Legal Updates In Q3

  

  We are at an inflection point for Michigan financial services law, with a state Supreme Court decision recently overruling more than 25 years of precedent on the Michigan Consumer Protection Act, and pending legislation that could significantly shift the regulatory landscape, say attorneys and advisers at Dykema.

• Opinion

  Clancy Trial Shows Need For Juror Anonymity Reforms

  

  Doxing of the holdout juror in the Lindsay Clancy murder mistrial in Massachusetts illustrates the increasing need to provide jurors with greater protection once service ends in high-profile cases, balancing concerns about transparency and independence, says Daniel Schneider at Offit Kurman.

• Calif. AV Notices Reshape Crash Data Preservation, Discovery

  

  California's new autonomous vehicle noncompliance notice process does not decide fault or establish that an AV is unsafe, but it can create a contemporaneous regulatory record and accelerate decisions about what crash-related data must be preserved, reviewed and potentially disclosed in litigation, says attorney Lem Garcia.

• Testing AI's Promise For Large-Scale Document Review

  

  Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

• How ChatGPT Teen Version Raises Product Liability Questions

  

  OpenAI's recent rollout of ChatGPT for Teens offers younger users a purportedly safer version of the software — but it could also help plaintiffs who are questioning whether earlier versions were safe for minors, when the company identified risks and when safeguards became technically viable, says Michael McCready at McCready Law.