Expert Analysis

• Series

  In A 'Barbie' World: How To 'Grow Up' IP With Fan Creations

  

  As seen with the recent popularity of the "Barbie" movie, adults are increasingly engaging with child-oriented intellectual property — and previous legal battles between toy-makers and entertainers over fan creations offer lessons in determining when to fight infringement and when to embrace expanded target audiences, says Seokin Yeh at Cole Schotz.

• 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.

• 5 Takeaways From SEC's First Marketing Rule Action

  

  The U.S. Securities and Exchange Commission's recent settlement — the first under the amended marketing rule — with Titan Global on charges that the fintech company misled investors shows investment advisers that they should expect close scrutiny of marketing materials and that their questions will only be answered through SEC enforcement, say attorneys at Mayer Brown.

• AI Can Level Up Gaming But Governance Strategy Is Key

  

  Artificial intelligence tools undoubtedly raise the bar for what video games can offer, but they should be introduced carefully with potential pitfalls mapped and safeguards planned, otherwise publishers and platforms could face serious regulatory risks, say attorneys at Linklaters.

• Potential Marijuana Status Change Would Shift Industry Risks

  

  Cannabis companies and their insurers should pay close attention to how the U.S. Department of Health and Human Services' move toward marijuana reclassification plays out, and the potential for a shakeup in the landscape for cannabis regulation at the state and federal levels, says Ian Stewart at Wilson Elser.

• 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.

• Challenging Standing In Antitrust Classes: The Uninjured

  

  In virtually every antitrust class action, parties at the certification phase disagree about whether the proposed class includes uninjured members, but the goals of Rule 23 and judicial economy are best served by synthesizing two distinct approaches circuit courts take on this issue, say Michael Hamburger and Holly Tao at White & Case.

• Keys To Navigating The Post-Pandemic CRE Market

  Excerpt from Practical Guidance

  

  As the commercial real estate market continues to face repercussions from the COVID-19 pandemic, lawyers should use office occupancy and leasing volume numbers to anticipate future trends and help guide clients through an uncertain landscape, says Joseph Calvanico at J2C Valuations.

• What Big Tobacco's Cannabis Investments Mean For Market

  

  The tobacco industry appears to be shoring up investments in the cannabis market, most recently with Philip Morris’ purchase of an Israeli cannabis tech company, pointing to a bright future for vaped and noncombustible products, and signaling that marijuana rescheduling may be on the horizon, say Slates Veazey and Whitt Steineker at Bradley Arant.

• To Hire And Keep Top Talent, Think Beyond Compensation

  

  Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

• Retailers Face Compliance Issues As PFAS Regulations Grow

  

  As per- and polyfluoroalkyl substance legislation, and the potential for litigation, continues to evolve and spread nationally, retailers should focus on supply chain management, inventory audits and maintaining strong internal standard operating procedures as a way to manage compliance and minimize risk, say attorneys at Dentons.

• What To Know About FedNow's Instant Payments

  

  There will be much work to be done as businesses and their lawyers grapple with the implications of the launch of the Federal Reserve's FedNow Service, which recently became the second 24/7 interbank real-time payment system in the U.S., say attorneys at Covington.

• Perspectives

  More States Should Join Effort To Close Legal Services Gap

  

  Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

• Identifying Trends And Tips In Litigation Financing Disclosure

  

  Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

• Fed. Circ. Ruling Boosts Due Process In Agency Proceedings

  

  The Federal Circuit’s recent watershed decision in Royal Brush v. U.S., holding that companies in administrative proceedings have the right to review — and rebut — confidential business information used against them, will smooth the path of many a regulated party hauled before state and federal agencies, says Sohan Dasgupta at Taft Stettinius.