Expert Analysis

• Texas AG's Payola Theory May Reach Beyond Music Platforms

  

  Texas Attorney General Ken Paxton recently issued investigative demands to five major music streaming platforms, appearing to invoke the payola concept as a consumer protection theory against the streaming business, a novel application that could extend to other companies monetizing on ranking, visibility or recommendation placement, say attorneys at Benesch.

• Opinion

  Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

  

  A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

• The Paradoxical Duty To Adopt AI When You Can't Bill For It

  

  Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

• 4 Emerging Limits Of Employer Mental Health Notice Defense

  

  A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

• 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

  

  The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

• Reducing Youth Product Risks When No Standards Apply

  

  As juvenile product manufacturers and retailers face heightened U.S. Consumer Product Safety Commission enforcement actions and attendant litigation risks, companies must not only comply with applicable standards, but also confront the problem of how to protect themselves when there are no standards to comply with, say attorneys at Chamberlain Hrdlicka.

• Series

  Cow Horse Makes Me A Better Lawyer

  

  Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

• What Prop 65 Listings For Welding Fumes, Drugs Mean For Cos.

  

  With California poised to add welding chemicals and three medications to its list of known carcinogens under Proposition 65, businesses must assess risks from nontraditional pharmaceutical dispensing, occupational and environmental exposures to welding operations, and downstream exposures from the manufacture of both types of substances, says Gregory Berlin at Alston & Bird.

• Virginia's Cannabis Retail Veto Leaves Industry In Legal Limbo

  

  Virginia Gov. Abigail Spanberger's recent veto of legislation that would have established a regulated retail cannabis framework halts momentum built by the General Assembly, but it also sends important signals about what a future regulatory framework must address to survive, says Charles Slemp at Cozen.

• A Look At The Court's Next Steps In Live Nation Antitrust Case

  

  Following a recent jury verdict that Live Nation and Ticketmaster operated as a monopoly to fix ticket prices, a New York federal court stands to weigh Live Nation's bid for a new trial, approve the U.S. Department of Justice's March settlement with the defendants, and impose remedies that include full structural separation, say attorneys at Crowell.

• Checking For AI Errors Is Now A Two-Way Street

  

  A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

• Foot Locker Fine Illustrates SEC's Whistleblower Priorities

  

  The U.S. Securities and Exchange Commission's recent fining of Foot Locker for its separation agreements is a reminder that the commission remains serious about maintaining open channels for reporting whistleblower concerns and that provisions can violate Rule 21F-17(a) without specifically barring communications with the SEC, says Jonathan Richman at Brown Rudnick.

• Series

  The Biz Court Digest: Shoring Up Corporate Law In Maryland

  

  Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

• State Enviro Agencies Give Cosmetics Regulation A Makeover

  

  As state oversight of cosmetics rapidly expands, the new statutes and regulations governing these products are being implemented by environmental agencies rather than consumer product regulators, requiring manufacturers, distributors and retailers to reevaluate their supply chains and procedures, say attorneys at Baker Botts.

• Series

  Competing At Poker Makes Me A Better Lawyer

  

  Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.