Expert Analysis

• 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

  

  In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

• DC Circ. Ruling Clarifies Standards For Buy America Waivers

  

  The D.C. Circuit's recent decision to uphold a Federal Railroad Administration Buy America waiver offers clarifying guidance about assessing domestic availability, distinguishing manufacturing capabilities from future production plans and creating a well-supported administrative record, says Todd Overman at Bass Berry.

• New Calif. Law Ties Finance Contracts To State Licensing

  

  Under a California law taking effect in 2028, commercial financing licensing requirements have been substantially expanded — meaning that fintechs relying on limited regulatory enforcement will face risk from their own borrowers, who could use licensing failures to resist repayment, say attorneys at Husch Blackwell.

• Managing Employer Risk Under Calif.'s No Robo Bosses Law

  

  California's No Robo Bosses Act marks the state's first statutory limit on using artificial intelligence in employee discipline and termination decisions, creating exposure for employers through its corroboration and notice requirements, burden-shifting framework, and potential reach under the Private Attorneys General Act, say attorneys at Reed Smith.

• AG Watch: Minnesota Takes Action To Secure Child Safety

  

  Minnesota Attorney General Keith Ellison has built one of the most aggressive and structurally coherent child protection enforcement programs in the country, targeting consumer-facing sectors that his office has concluded prey on minors, such as tobacco and nicotine, social media platforms, and artificial intelligence, say attorneys at Crowell & Moring.

• Southern Glazer's Deal Tests FTC's Robinson-Patman Push

  

  A California federal court's recent decision in Federal Trade Commission v. Southern Glazer's secures a rare Robinson-Patman Act pricing limitations agreement, but conditions attached to the decision indicate that practitioners may only see a handful of new private RPA cases a year, says Steven Cernak at Bona Law.

• Series

  Being In The Peace Corps Made Me A Better Lawyer

  

  When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

• Remote Work Ruling Clarifies Calif. Law Limits, With Caveats

  

  Although a California state appeals court's recent decision in Saberin v. Alation confirmed that California employment laws do not operate extraterritorially merely because a company is headquartered in the state, employers shouldn't construe this as authorization to relocate decision-makers to circumvent statutory obligations, says Hallie Aylesworth at Sheppard.

• What $5.7B Apple Verdict Reveals About Patent Risk

  

  A California federal jury's recent $5.7 billion damages verdict against Apple exemplifies the enormous financial exposure that can occur when patent-infringing features are incorporated into many units, though the outcome is ultimately dependent on the strength of the underlying infringement, validity and damages theories, says Michael Dorfman at Barclay Damon.

• FTC's BOTS Act Blitz Raises Stakes For Ticket Resellers

  

  Recent lawsuits and enforcement actions brought by the Federal Trade Commission under the Better Online Ticket Sales Act signal sustained ticket industry enforcement, but industry actors can reduce risk by screening practices and partnerships related to ticket purchasing, and evaluating the scale of their ticket operations, say attorneys at Holland & Knight.

• AGs' Paramount Settlement Reflects States' Growing Influence

  

  The recent California federal court approval of the California v. Paramount Skydance settlement illustrates how state attorneys general are gaining new independence and influence, and companies must account for state enforcement when assessing merger risks ahead of a deal's closing, say attorneys at Norton Rose.

• 5 Prediction Market Queries For Every League, Athletic Dept.

  

  The NFL's recent amicus brief urging the U.S. Supreme Court to resolve a circuit split over regulating prediction markets and operators like Kalshi raises important, enterprisewide governance questions for leagues, teams and athletic departments, and highlights that regulatory oversight and institutional integrity are related but distinct, say attorneys at Robins Kaplan.

• Protecting Trade Secrets When AI Agents Go Rogue

  

  In light of a recent incident in which artificial intelligence agents compromised parts of Hugging Face's production systems, and the uncertain court guidance surrounding liability in such situations, companies looking to update their trade secret protections should carefully examine agents' permissions and technical limitations, says Matt Nealon at Marshall Gerstein.

• Tips For Employers As Calif. Court Limits Harassment Liability

  

  Doe v. Wells Fargo appears to be the first published California appellate decision to determine that the harasser must have supervisory authority over the plaintiff to trigger strict liability, underscoring the value of accurately documenting job roles and reporting lines, says Ellen Connelly Cohen at Call & Jensen.

• Planning For D&O Exclusions As Risks Mount For Banks

  

  Banks should scrutinize directors and officers exclusions for artificial intelligence, disclosure and cybersecurity risks during policy renewal negotiations to preserve coverage amid the current uptick in insurer scrutiny and related shareholder litigation, say attorneys at Jones Walker.