Expert Analysis

• Scope Issues For Cos. To Consider Ahead Of Cyber Rules

  

  As the Cybersecurity and Infrastructure Security Agency finalizes its proposed Cyber Incident Reporting for Critical Infrastructure Act rules, organizations can take steps to navigate the uncertainty that stems from inconsistent critical infrastructure sector definitions and overlapping sector boundaries, say attorneys at Wiley.

• Tackling DOL Tips On When Midday Commutes Are Paid Time

  

  Two recent U.S. Department of Labor opinion letters explain when travel between home and work is compensable, providing wage compliance guidance to employers that want to offer flexible work schedules, and establishing clearer rules as litigation over travel time compensability heats up, say attorneys at Jackson Lewis.

• 9th Circ. Wage Ruling Shows Arbitration Pacts Are Still Useful

  

  After years of uncertainty for California employers, the Ninth Circuit’s recent Cocom v. ABM Aviation decision signals that workplace arbitration agreements remain a powerful and enforceable tool — if thoughtfully drafted and employment-focused, says Benjamin Runge at Thompson Coburn.

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  Taekwondo Makes Me A Better Lawyer

  

  Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

• Class Actions At The Circuit Courts: August Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

• What Mixed Safety Stats Mean For Offshore Injury Cases

  

  While the International Marine Contractors Association's most recent safety report shows that injury rates for offshore workers are decreasing, a rising fatality rate tells a more complicated story about negligence and systemic risk — with implications for how practitioners pursue injury and wrongful death claims, says Steve Kherkher at Kherkher Garcia.

• Del. Boeing Ruling Shows How Compliance Defeats Caremark

  

  The Delaware Chancery Court's recent dismissal of shareholder litigation against Boeing's board in the wake of the Alaska Airlines door-plug blowout incident carries significant lessons for shareholders pursuing Caremark claims, and for corporate counsel advising boards on oversight obligations, says Brian Rostocki at Reed Smith.

• 4th Circ. Class Cert. Ruling Offers Tips For Damages Experts

  

  The Fourth Circuit's recent decision reversing class certification in litigation against Boeing raises the cost of a bare-bones damages model proposal for plaintiffs, but it also clarifies what a defensible proposal should contain, say Alok Khare and Erica Rose at FTI Consulting.

• What To Know As Legal Duty To Consider AI Takes Shape

  

  While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

• Monitor Exposure, Stay Flexible Amid Tariff Uncertainty

  

  To navigate an unstable trade environment, businesses must evaluate their exposure to new tariffs invoked under a patchwork of statutory authorities and be prepared to adapt to further changes that may be on the horizon, says Bhargav Prajapati at Capital Trade.

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  Being In A Band Made Me A Better Lawyer

  

  Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

• Notable Q2 Updates In Insurance Class Actions

  

  After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

• Mich. Ruling Gives Consumer Protection Law Its Teeth Back

  

  The Michigan Supreme Court's recent decision in Attorney General v. Eli Lilly, overruling key holdings in two earlier cases, means that Michigan businesses can no longer defeat allegations of deceptive conduct under the state's consumer protection law simply by pointing to any governmental regulation of the business, say attorneys at DiCello Levitt.

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  Law School's Missed Lessons: Surviving A Long Trial

  

  Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

• A Deepening Patent-Trademark Divide Over Irreparable Harm

  

  Recent Federal Circuit decisions, along with legislation being considered in Congress, may exacerbate the differences that patent owners and trademark owners face when seeking to stop infringement before irreparable harm is caused, say attorneys at BakerHostetler.