Expert Analysis

• Prepping Your Business Ahead Of Affirmative Action Ruling

  

  The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.

• Tackling Judge-Shopping Concerns While Honoring Localism

  

  As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

• How Fla. Amendment Changes The State's Mini-TCPA

  

  Gov. Ron Desantis recently signed amendments that will roll back Florida's mini-Telephone Consumer Protection Act by getting rid of the capacious definition of an autodialer, leaving the courts to sort out where the lines fall in Florida Telephone Solicitation Act litigation, says Aaron Weiss at Carlton Fields.

• Perspectives

  How Attorneys Can Help Combat Anti-Asian Hate

  

  Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

• Opinion

  Congress Needs To Enact A Federal Anti-SLAPP Statute

  

  Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

• 5 Insider-Threat Reminders After Recent DOJ Prosecutions

  

  Three recent U.S. Department of Justice actions may well lead to much greater scrutiny of companies in which insiders engage in a variety of corporate misconduct, including conducting or enabling cybercrimes, which will likely fall not just on government contractors, but across industries and geographies, say attorneys at Paul Weiss.

• Some Client Speculations On AI And The Law Firm Biz Model

  

  Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

• Section 214 Order Solidifies FCC's Role In National Security

  

  In its recent approval of an order to collect foreign ownership information from international Section 214 authorization holders, the Federal Communications Commission demonstrates its formal commitment to improving efforts to protect national security and international telecommunications services, say attorneys at Mayer Brown.

• Why Ericsson DPA Breach Is Precedent-Setting

  

  Swedish telecommunications company Ericsson recently faced several penalties for breaching a deferred prosecution agreement, revealing a sobering new precedent for when the U.S. Department of Justice will find an entity in noncompliance, so companies should be prepared to revisit pre-resolution disclosures, say James Koukios and Sarah Maneval at MoFo.

• Metaverse Presents New Challenges For Data Preservation

  

  With regulators increasingly requesting data — and recordings — from virtual meeting applications, and cracking down on employee use of ephemeral messaging, companies have hints of what's to come for metaverse-generated data and should consider the technological capabilities of the metaverse and governance of its data, says Timothy Taylor at Holland & Knight.

• Failed Tegna Deal Reveals Increasing Merger Review Hurdles

  

  A deeper look at how the Tegna-Standard General deal derailed during merger review suggests some practical steps that firms should consider to close transactions when dealing with multiple federal agencies operating under a whole-of-government antitrust enforcement approach, say Jody Boudreault and Katherine Dutcher at Baker Botts.

• A Lawyer's Guide To Approaching Digital Assets In Discovery

  

  The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.

• Opinion

  High Court's Ethics Statement Places Justices Above The Law

  

  The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.

• G7 Russia Restrictions May Further Complicate Compliance

  

  New sanctions and export controls announced at the G7 summit targeting parties that help Russia circumvent existing restrictions signal continued multilateral commitment to intensifying economic pressure on Russia, and underscore the increasing compliance challenges for companies that pursue Russia-related opportunities, say attorneys at Ropes & Gray.

• A Look At Corwin Cleansing After Chancery Edgio Ruling

  

  The Delaware Chancery Court's denial of Corwin cleansing in an action seeking post-closing injunctive relief in the Edgio stockholders case has potentially significant implications for corporations and their boards in the negotiation of investment agreements with significant stockholders, say attorneys at Cleary.