Expert Analysis

• Can Class Actions Guide AI Risk Mitigation Efforts?

  

  The speed at which artificial intelligence is developing will likely outpace the legislative response, and two recently filed class actions naming OpenAI as a defendant raise the question of whether existing laws may be used to place some meaningful guardrails on the development of AI, says Thomas Carey at Sunstein.

• MoCRA Will Give Cosmetics Litigation A Makeover

  

  Many provisions of the Modernization of Cosmetics Regulation Act go into effect at the end of this year — so cosmetics companies must understand how the law presents both benefits and challenges, especially with regard to litigation, say attorneys at Crowell & Moring.

• In-Office Engagement Is Essential To Associate Development

  

  As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

• SEC Focus On Perks Offers Insights On Cooperation

  

  The U.S. Securities and Exchange Commission's recent settlement with Stanley Black & Decker is the latest example of the SEC's continued focus on executive perquisites and highlights what type of cooperation may be required to avoid a civil money penalty, say attorneys at Morgan Lewis.

• Perspectives

  A Judge's Pitch To Revive The Jury Trial

  

  Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

• How To Recognize And Recover From Lawyer Loneliness

  

  Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

• Opinion

  Litigation Funding Disclosure Should Be Mandatory

  

  Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

• Recalling USWNT's Legal PR Playbook Amid World Cup Bid

  

  As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

• What Companies Must Know About Product Recalls

  

  Recent recalls of asthma inhalers and Baby Shark toys provide an ideal opportunity to review the most essential steps companies should take when planning and conducting their own product recalls — from notifying government agencies and retaining experts to properly communicating with the public, say Kelly Jones Howell and Judi Abbott Curry at Harris Beach.

• Prepping For PFAS Approval Under EPA's New Framework

  

  Under the U.S. Environmental Protection Agency's recently announced framework for addressing new per- and polyfluoroalkyl substances and new uses of PFAS, entities should prepare for increased scrutiny and develop the necessary data prior to submitting premanufacture or significant new use notices, say David Edelstein and Charles Dennen at Archer & Greiner.

• Operant Conditioning: Techniques To Prepare Your Witness

  

  Attorneys can apply operant conditioning principles, such as positive and negative reinforcement, during witness preparation sessions to enhance the quality of witnesses’ deposition and trial testimony and counter the potential influence of opposing counsel, say Bill Kanasky and Steve Wood at Courtroom Sciences.

• Regulatory Questions Loom As Lab-Grown Meat Hits Market

  

  As cell-cultured meat gains popularity and moves quickly to market, food-labeling questions will be a test of the U.S. Department of Agriculture and the U.S. Food and Drug Administration's ability to seamlessly coordinate efforts to ensure safety, says Laurie Beyranevand at Vermont Law School.

• California's PFAS Bans May Have National Ripple Effects

  

  As California moves to phase out per- and polyfluoroalkyl substances from many categories of consumer products, other states may soon follow — so manufacturers would be well advised take action now, or risk losing substantial market share, says Vineet Dubey at Custodio & Dubey.

• Operant Conditioning: Tactics That Can Derail Your Witness

  

  There are many ways opposing counsel may use operant conditioning principles, including rewards and punishments, to obtain damaging testimony from your witnesses, so understanding this psychological theory is key, say Steve Wood and Bill Kanasky at Courtroom Sciences.

• Perspectives

  Mallory Gives Plaintiffs A Better Shot At Justice

  

  Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.