Expert Analysis

• What New EPA Enforcement Initiatives Mean For Industry

  

  With the U.S. Environmental Protection Agency's recent announcement that climate change, per- and polyfluoroalkyl substances, and coal ash will be major investigation and enforcement targets in the coming years, the oil and gas, chemical, and waste management sectors should anticipate increased scrutiny, say Jonathan Brightbill and Madalyn Feiger at Winston & Strawn.

• Concerns For 510(k) Sponsors After FDA Proposes Major Shift

  

  While there may be public health benefits from modernizing the 510(k) process for clearing medical devices, recent draft guidance from the U.S. Food and Drug Administration's Center for Devices and Radiological Health leaves meaningful open questions about the legal and regulatory implications of the new approach, and potential practical challenges, say attorneys at Covington.

• Minn. Product Case Highlights Challenges Of Misuse Defense

  

  The recent decision by a Minnesota federal court in McDougall v. CRC Industries illustrates that even where a product that is clearly being misused results in personal injuries, manufacturers cannot necessarily rely on the misuse defense to absolve them of liability exposure, says Timothy Freeman at Tanenbaum Keale.

• In Ga., Promptness Is Key To Setting Aside Default Judgments

  

  The Georgia Court of Appeals' recent vacating of a lower court's decision to set aside a default judgment against Samsung Electronics America is a reminder of the processes and arguments provided by Georgia's statutes for challenging default judgments — including the importance of responding quickly, says Katy Robertson at Swift Currie.

• Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

  

  X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

• ABA's Money-Laundering Resolution Is A Balancing Act

  

  While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

• 2 High Court Cases Could Upend Administrative Law Bedrock

  

  Next term, the U.S. Supreme Court will be deciding two cases likely to change the nature and shape of agency-facing litigation in perpetuity, and while one will clarify or overturn Chevron, far more is at stake in the other, say Dan Wolff and Henry Leung at Crowell & Moring.

• Tapping The Full Potential Of The Juror Questionnaire

  

  Most litigators know that questionnaires can reveal biases that potential jurors would never reveal in voir dire, but to maximize this tool’s utility, attorneys must choose the right questions, interpret responses effectively and weigh several other considerations, say George Speckart and Steve Wood at Courtroom Sciences.

• Law Firm Professional Development Steps To Thrive In AI Era

  

  As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

• Conn. Regulators Are Coming For Unlawful Cannabis Sales

  

  Regulatory and enforcement efforts against unlicensed cannabis sales in Connecticut have been ramping up this year, so it behooves retailers to prioritize compliance with all relevant statutes, lest they attract unwelcome scrutiny, says Eric Del Pozo at Shipman & Goodwin.

• 9th Circ. Kellogg Ruling Offers Protein Claim Defense Tips

  

  The Ninth Circuit's recent opinion dismissing consolidated false advertising class actions against Kellogg and Kashi should be required reading for manufacturers that include protein-related claims on their product labels because it significantly clarifies the viability of state law challenges to those claims, say Olivia Dworkin and Cortlin Lannin at Covington.

• The Basics Of Being A Knowledge Management Attorney

  Excerpt from Practical Guidance

  

  Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

• Opinion

  Purdue Ch. 11 Case Exemplifies Need For 3rd-Party Releases

  

  In the Purdue Pharma Chapter 11 case, the U.S. Supreme Court will eventually decide whether the Bankruptcy Code authorizes a court to approve third-party releases, but removing this powerful tool would be a significant blow to the likelihood of future victims being made whole, says Isaac Marcushamer at DGIM Law.

• Mont. Kids' Climate Decision Reflects 3 Enviro Trends

  

  A Montana district court's recent ruling in Held v. Montana represents a rare win for activist plaintiffs seeking to use rights-based theories to address climate change concerns — and calls attention to three environmental trends that are increasingly influencing climate litigation and policy, says J. Michael Showalter at ArentFox Schiff.

• 3 Lessons From Mock Trials That Attys Can Use In Practice

  

  The hordes of data gleaned from mock trial competitions can isolate the methods that maximize persuasion, providing key principles that attorneys in every practice area can incorporate into their real-world trial work, say Spencer Pahlke at Walkup Melodia and Justin Bernstein at UCLA.