Expert Analysis

• Series

  In A 'Barbie' World: Boosting IP Value With Publicity Machines

  

  Mattel's history of intellectual property monitoring, including its recent challenge against Burberry over the "BRBY" trademark ahead of the "Barbie" film, shows how IP enforcement strategies can be used as publicity to increase brand value and inform potential collaborations, says Carly Duckett at Shepherd and Wedderburn.

• Key Elements Of The Proposed Credit Card Competition Act

  

  Attorneys at Troutman Pepper examine the most noteworthy provisions in the recently proposed Credit Card Competition Act, including changes to payment card network access, Federal Reserve Board review, who would qualify as a covered institution, and routing restrictions.

• Circuit Rulings Confirm Ch. 11 Trustee Fee Refund Trend

  

  Recent Ninth and Eleventh Circuit rulings that Chapter 11 debtors are entitled to refunds for unconstitutional bankruptcy trustee fees paid under the Bankruptcy Judgeship Act support a developing trend in debtors' favor, making it likely that courts considering the same question will follow suit, says Adam Herring at Nelson Mullins.

• Series

  ESG Around The World: Australia

  

  Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.

• Key Takeaways For Email Marketing From Experian Settlement

  

  The Federal Trade Commission's recent enforcement action against Experian is a good reminder for companies to assess email marketing practices for compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act, including misleading header information, deceptive subject lines and opt-out requirements, says Terese Arenth at Moritt Hock.

• The NIL Legislation Race: CAEFA And Ted Cruz's Draft Bill

  

  Christina Stylianou and Gregg Clifton at Lewis Brisbois compare legislation pertaining to the name, image and likeness rights of college student-athletes, including the College Athlete Economic Freedom Act and Sen. Ted Cruz's draft bill that would restrict an athlete's eligibility to compete if an NIL agreement violates their university's student code of conduct.

• Opinion

  Address The Data Monopoly, Otherwise Tech Giants Control AI

  

  It is likely that we will experience a severe monopoly on artificial intelligence systems and patents by the largest players in the tech industry, so the way we treat data needs to change, whether through the legislature, the courts or tech companies, says Pranav Katti at Barclay Damon.

• 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.

• Brand Owners Beware: AI-Generated Ad Content Poses Risks

  

  Since the Association of National Advertisers recently updated its master media buying services template agreement, brand owners should consider how their contracted agencies are using artificial intelligence to create and implement campaigns and media purchases, say Kyle-Beth Hilfer and John Miranda at Cowan Liebowitz.

• 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.

• Best Ad Practices For Digital Products Amid FTC Scrutiny

  

  The Federal Trade Commission recently signaled an increased focus on content ownership claims related to digital products, especially those generated by artificial tools — so now is the time for companies to consider practical applications of decades-old consumer protection principles within today's digital context, says ​​​​​​​Ioana Gorecki at Kelley Drye.

• Companies Must Dig Up Old Laws To Stay Privacy-Compliant

  

  Despite the recent focus on new privacy and data security laws, companies cannot ignore existing rules that have recently been revived, amended or reinterpreted to address emerging privacy and data security challenges, says Julia Kadish at Sheppard Mullin.

• 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.

• Chatbot Lawsuits Push Calif. Courts To Rethink Wiretap Law

  

  Recent rulings alleging that website owners illegally eavesdrop on chatbot conversations show that courts are struggling to define the scope of California's wiretap law, and that plaintiffs are learning about the level of detail needed to plead that a chatbot is a third-party eavesdropper, say attorneys at Crowell & Moring.

• Behind The Economics Of The DOJ's Case Against Google

  

  Ahead of the U.S. v. Google search monopolization case set for trial in D.C. federal court Tuesday, economist Tessie LiJu Su discusses bundling, exclusive dealing, and the allegations of anti-competitive practices against the technology giant.