Expert Analysis

• How A 9th Circ. False Ad Ruling Could Shift Class Certification

  

  The Ninth Circuit's July decision in Noohi v. Johnson & Johnson, holding that unexecuted damages models may suffice for purposes of class certification, has the potential to create judicial inefficiencies and crippling uncertainties for class action defendants, say attorneys at Alston & Bird.

• What To Know About Interim Licenses In Global FRAND Cases

  

  Recent U.K. court decisions have shaped a framework for interim licenses in global standard-essential patent disputes, under which parties can benefit from operating on temporary terms while a court determines the final fair, reasonable and nondiscriminatory terms — but the future of this developing remedy is in doubt, say attorneys at Fish & Richardson.

• 5 Crisis Lawyering Skills For An Age Of Uncertainty

  

  As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.

• Compliance Tips Amid Rising FTC Scrutiny Of Minors' Privacy

  

  The Federal Trade Commission has recently rolled out multiple enforcement actions related to children's privacy, highlighting a renewed focus on federal regulation of minors' personal information and the evolving challenges of establishing effective, privacy-protective age assurance solutions, say attorneys at Nelson Mullins.

• Insights From Recent Cases On Navigating Snap Removal

  

  Snap removal, which allows defendants to transfer state court cases to federal court before a forum defendant is properly joined and served, is viewed differently across federal circuits — but keys to making it work can be drawn from recent decisions critiquing the practice, say attorneys at Perkins Coie.

• Opinion

  It's Time For The Judiciary To Fix Its Cybersecurity Problem

  

  After recent reports that hackers have once again infiltrated federal courts’ electronic case management systems, the judiciary should strengthen its cybersecurity practices in line with executive branch standards, outlining clear roles and responsibilities for execution, says Ilona Cohen at HackerOne.

• Workday Case Shows Auditing AI Hiring Tools Is Crucial

  

  Following a California federal court's recent decisions in Mobley v. Workday signaling that both employers and vendors could be held liable for discriminatory outcomes from artificial intelligence hiring tools, companies should consider two rigorous auditing methods to detect and mitigate bias, says Hossein Borhani at Charles River Associates.

• Tips For Cos. Crafting Enforceable Online Arbitration Clauses

  

  Recent rulings from the Ninth Circuit and the U.S. District Court for the Southern District of California indicate that courts are carefully examining the enforceability of online arbitration clauses, so businesses should review the design of their websites and consider specific language next to the "purchase" button, say attorneys at DTO Law.

• 7 Lessons From The Tractor Supply CCPA Enforcement Action

  

  The California Privacy Protection Agency's recent enforcement action targeting Tractor Supply for alleged violations of the California Consumer Privacy Act provides critical insights into the compliance areas that remain a priority for the California regulator, including businesses with significant consumer interactions, say attorneys at Troutman.

• Parody Defendants Are Finding Success Post-Jack Daniel's

  

  Recent decisions demonstrate that, although the U.S. Supreme Court's decision in Jack Daniel's v. VIP Products did benefit trademark plaintiffs by significantly limiting the First Amendment expressive use defense, courts also now appear to be less likely to find a parodic work likely to cause confusion, says Andrew Michaels at University of Houston Law Center.

• Series

  Writing Novels Makes Me A Better Lawyer

  

  Writing my debut novel taught me to appreciate the value of critique and to never give up, no matter how long or tedious the journey, providing me with valuable skills that I now emphasize in my practice, says Daniel Buzzetta at BakerHostetler.

• Trader Joe's Ruling Highlights Trademark Infringement Trends

  

  The Ninth Circuit's recent decision in Trader Joe's Co. v. Trader Joe's United explores the legal boundaries between a union's right to advocate for workers and the protection of a brand's intellectual property, and illustrates a growing trend of courts disfavoring early dismissal of trademark infringement claims in the context of expressive speech, say attorneys at Mitchell Silberberg.

• SDNY OpenAI Order Clarifies Preservation Standards For AI

  

  The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything” approach, says Philip Favro at Favro Law.

• What 9th Circ.'s Rosenwald Ruling Means For Class Actions

  

  The Ninth Circuit's recent decision in Rosenwald v. Kimberly-Clark has important implications around the Class Action Fairness Act and traditional diversity jurisdiction — both for plaintiff-side and defense-side class action litigators — and deepens the circuit split concerning the use of judicial notice to establish diversity, says Grace Schmidt at DTO Law.

• Compliance Steps To Take As FCRA Enforcement Widens

  

  As the Fair Credit Reporting Act receives renewed focus from both federal and state enforcers, regulatory and litigation risk is most acute in several core areas, which companies can address by implementing purpose processes and quick remediation of consumer complaints, among other steps, say attorneys at Wiley.