Expert Analysis

• Class Actions At The Circuit Courts: August Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

• Del. Boeing Ruling Shows How Compliance Defeats Caremark

  

  The Delaware Chancery Court's recent dismissal of shareholder litigation against Boeing's board in the wake of the Alaska Airlines door-plug blowout incident carries significant lessons for shareholders pursuing Caremark claims, and for corporate counsel advising boards on oversight obligations, says Brian Rostocki at Reed Smith.

• When And How To Use 4 Types Of Cross-Exam Questions

  

  Perceptions of a great cross-examination are often shaped by aggressive courtroom exchanges, but to be truly effective, this stage of trial requires strategically selecting confirmation, confinement, contrast or confrontation questions at key moments, says Allison Rocker at Baker McKenzie.

• 4th Circ. Class Cert. Ruling Offers Tips For Damages Experts

  

  The Fourth Circuit's recent decision reversing class certification in litigation against Boeing raises the cost of a bare-bones damages model proposal for plaintiffs, but it also clarifies what a defensible proposal should contain, say Alok Khare and Erica Rose at FTI Consulting.

• What To Know As Legal Duty To Consider AI Takes Shape

  

  While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

• NY Bill Would Boost Litigation Risk For Cosmetics Cos.

  

  The Beauty Justice Act, now pending in the New York Legislature, would not only present compliance challenges for companies making cosmetics and personal care products, but could also be used by private plaintiffs to bring consumer fraud, false advertising, toxic exposure and product liability claims, says Kadeejah Kelly-Previl at Faegre Drinker.

• Appellate Vape Rulings May Expand State Regulation Powers

  

  Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

• WWE Sanctions Ruling Pins Down Spoliation Lesson

  

  The Delaware Chancery Court’s recent verdict in favor of WWE investors may be the most carefully calibrated spoliation sanctions decision in recent memory, and it should reshape how counsel approach their motions — including in federal court, says Ricky Weingarten at Slarskey.

• Costco Chicken Case Highlights Food Labeling Lessons

  

  Recent litigation over allegedly deceptive food labels, including the ongoing proposed class action in a California federal court over Costco's rotisserie chicken, shows that plaintiffs rarely focus on single label statements in isolation — so product claims that comply with regulations could still incur litigation risk, says Brandy Alonzo-Mayland at Michelman & Robinson.

• Mitigating The Risk Of Antiestablishment Jurors

  

  The legal battles currently embroiling social media companies underscore that jurors with anti-corporate bias and conspiratorial thinking patterns pose myriad risks to corporate defendants, and defense counsel should adapt their trial strategies accordingly, say consultants at Persuasion Strategies.

• Series

  Being In A Band Made Me A Better Lawyer

  

  Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

• Mich. Ruling Gives Consumer Protection Law Its Teeth Back

  

  The Michigan Supreme Court's recent decision in Attorney General v. Eli Lilly, overruling key holdings in two earlier cases, means that Michigan businesses can no longer defeat allegations of deceptive conduct under the state's consumer protection law simply by pointing to any governmental regulation of the business, say attorneys at DiCello Levitt.

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  Law School's Missed Lessons: Surviving A Long Trial

  

  Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

• AI Chatbot's Medical Claims Highlight Enforcement Risks

  

  The Pennsylvania State Board of Medicine's recent lawsuit against Character Technologies, arguing that an artificial intelligence chatbot engaged in the unlicensed practice of medicine, may provide other state licensing boards with a road map for going after AI platforms, and counsel should advise clients to calibrate compliance accordingly, say attorneys at Cooley.

• What Calif.'s New Focus On Microplastics Means For Cos.

  

  The recent move by California's Department of Toxic Substances Control to designate microplastics as candidate chemicals under its Safer Consumer Product regulations does not create a new product restriction — but it expands the agency's future reach by putting microplastics on the department’s regulatory runway, says Gregory Berlin at Alston & Bird.