Expert Analysis

• How CFPB Opinion Changes Earned Wage Access Definition

  

  The Consumer Financial Protection Bureau's recent conclusion that earned wage access is not "credit" for purposes of Regulation Z of the Truth in Lending Act improves on prior guidance on these products in several meaningful ways, say attorneys at K&L Gates.

• 'Made In America' EO May Not Survive Section 230

  

  President Donald Trump's recent executive order to combat fraudulent "Made in America" claims in advertising directs the Federal Trade Commission to deem online marketplaces' failure to verify third-party origin claims as unlawful, but such a rule would likely run into Section 230's publisher immunity doctrine, say attorneys at Blank Rome.

• Assessing EcoFactor's Impact On Damages Experts' Opinions

  

  Though the Federal Circuit's ruling in EcoFactor v. Google gave rise to concerns that damages experts would be forced to rely on undisputed facts, recent case law suggests that those concerns are unwarranted, says Christopher Loh at Venable.

• Opinion

  Apple Discovery Fight Could Revive DOJ's Antitrust Appetite

  

  Winning discovery disputes in the ongoing federal antitrust litigation over Apple’s app store practices is a huge opportunity for the Justice Department to return to its once-vigorous pursuit of product tying by tech monopolies, catch up with foreign competition regulators and establish clear standards for digital markets, says Ediberto Roman at Florida International University.

• Opinion

  State Bars Need To Get Specific About AI Confidentiality

  

  Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

• Calculating Damages In IEEPA Tariff Refund Litigation

  

  To calculate damages in the spate of refund litigation triggered by the U.S. Supreme Court's recent decision invalidating tariffs collected under the International Emergency Economic Powers Act, the central question will be how to determine where in the supply chain their economic burden ultimately came to rest, say analysts at Charles River Associates.

• 'Made In America' Rules Raise Stakes For Gov't Contractors

  

  The convergence of widely varying "buy American" requirements, increased enforcement efforts and continuing regulatory attempts to limit foreign sourcing suggests that government contractors should carefully review their supply chain and country-of-origin compliance to remain competitive, say attorneys at Arnold & Porter.

• Series

  Alpine Skiing Makes Me A Better Lawyer

  

  Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

• Opinion

  Wash. Amazon Ruling Should Reshape Suicide Liability

  

  The Washington Supreme Court's reinstatement of negligence claims in Scott v. Amazon.com, brought by the families of people who died by suicide after purchasing chemicals online, signals a reckoning for digital commerce and the rejection of the defense that online marketplaces are merely passive technology platforms, says Donald Fountain at Clark Fountain.

• What A Court Doc Audit Reveals About Erroneous Filings

  

  My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

• Appellate Strategy Lessons From Pa. Excess Coverage Ruling

  

  In FedEx v. National Union Fire Insurance, a Pennsylvania state court recently set forth a clear holding that policyholders may recover postjudgment interest under excess liability insurance policies only when the policy language expressly allows, offering important takeaways for planning appeals, say attorneys at Hunton.

• How Cos. Can Prepare For 'Made In America' Ad Scrutiny

  

  The Trump administration's executive order to combat fraudulent "Made in America" claims in consumer-facing advertising, along with actions by the Federal Trade Commission, suggest a potential increased focus on consumer protection and pricing-related matters, say attorneys at Skadden.

• Similar-Looking Designs May Not Always Prove Infringement

  

  The Federal Circuit's recent decision in Range of Motion Products v. Armaid is a reminder that even a strikingly similar design might not be found to infringe upon a patented design once design features driven by functionality are filtered out from consideration, say attorneys at BCLP.

• Series

  Ultramarathons Make Me A Better Lawyer

  

  Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

• Spotlight On Legal Battles Over EEOC Subpoena Powers

  

  Attorneys at Wilson Elser consider the spate of litigation over the past year, spurred by the Equal Employment Opportunity Commission’s focus on alleged religious discrimination at universities, and corporate diversity, equity and inclusion practices, and how it may affect the attempts to assert privacy rights against the agency's broad subpoena powers.