Expert Analysis

• Opinion

  Judicial Restraint Anchors Constitutional Order

  

  Contrasting opinions in two recent U.S. Supreme Court rulings — Trump v. CASA and Bost v. Illinois State Board of Elections — demonstrate how the judiciary’s constitutionally entrusted role can easily be preserved or disrupted, and invite renewed attention to the enduring importance of judicial restraint, says Ninth Circuit Judge J. Clifford Wallace.

• The Evolution Of States' Workplace Violence Prevention Laws

  

  Utah's new law requiring hospitals to implement comprehensive workplace violence reporting systems continues a broader trend of state efforts to expand workplace protections in the absence of sufficient federal regulations, say attorneys at Ogletree.

• Series

  Alpine Skiing Makes Me A Better Lawyer

  

  Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

• Weighing The Practical Implications Of SC Kids' Privacy Law

  

  South Carolina's recently enacted Age-Appropriate Code Design Act includes a unique provision: a private right of action for certain violations, but its practical effect remains uncertain, as courts and litigants grapple with complex questions of standing, causation and the definition of actionable harm, say attorneys at K&L Gates.

• Ohio Case Reflects States' Aggressive Criminal Antitrust Turn

  

  The Ohio Attorney General's Office’s recent bid-rigging indictment of an online auctioneer is the latest signal that states, through attorneys general pursuing more kickback cases and legislators expanding the reach of antitrust laws, are shedding their historical reluctance to wield their criminal antitrust enforcement powers, say attorneys at Arnold & Porter.

• Telehealth Suit May Redraw Rules For Physician Classification

  

  A new class action in California federal court, Cioppettini v. Mochi Medical, alleging a telehealth company misclassified providers as independent contractors, suggests that traditional markers of physician independence may not apply to telehealth, say attorneys at Reed Smith.

• Legal Theories In Social Media Verdicts Hold Clues On Impact

  

  Although the two verdicts in cases in New Mexico and California involving Meta and Google are being lumped together, they rest on fundamentally different legal theories, and that distinction determines how their effects may be felt in other jurisdictions, says Mark Morgan at Day Pitney.

• Opinion

  Wash. Amazon Ruling Should Reshape Suicide Liability

  

  The Washington Supreme Court's reinstatement of negligence claims in Scott v. Amazon.com, brought by the families of people who died by suicide after purchasing chemicals online, signals a reckoning for digital commerce and the rejection of the defense that online marketplaces are merely passive technology platforms, says Donald Fountain at Clark Fountain.

• AI Recruiting Suit Shows Old Laws May Implicate New Tools

  

  The Fair Credit Reporting Act allegations recently filed in Kistler v. Eightfold AI, are the latest example of broad definitional language in legacy statutes proving far more dangerous to companies deploying artificial intelligence – particularly in hiring – than any purpose-built artificial intelligence regulation, say attorneys at Ogletree.

• What Voluntary Calif. Carbon Reports Show About Compliance

  

  While the enforcement of California's S.B. 261 is currently paused due to a Ninth Circuit injunction, more than 130 companies have nonetheless chosen to voluntarily publish climate-related financial risk disclosures, providing a useful snapshot of how the market is interpreting the law's requirements in practice, say attorneys at DLA Piper.

• Pivotal 6th Circ. Ruling Threatens Decades Of NLRB Decisions

  

  The Sixth Circuit's recent decision in Brown-Forman v. National Labor Relations Board fundamentally challenged the NLRB's long-standing practice of establishing policies through adjudication rather than formal rulemaking, giving employers and unions a new avenue to procedurally attack the vast majority of its rules, say attorneys at Faegre Drinker.

• Why MDLs Slow Down — And How To Speed Them Up

  

  Multidistrict litigation has become central to mass tort practice, but as MDLs grow in size and complexity, so do delays and costs — so tools like the new federal rule governing MDLs, targeted use of special masters and strategically deployed Lone Pine orders are more essential than ever, say attorneys at Ice Miller.

• What A Court Doc Audit Reveals About Erroneous Filings

  

  My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

• Opinion

  FTC Case Risks Redefining Price Discrimination

  

  Federal Trade Commission v. Southern Glazer puts a spotlight on the blurry line between illegal price discrimination and ordinary competition, and could potentially set a precedent that puts nearly any manufacturer at risk of Robinson-Patman Act enforcement, says Jeremy Sandford at Econic Partners.

• Parsing Rule 12(c) Motion Overuse In Securities Class Actions

  

  Defendants in securities class actions have more frequently been filing motions for judgment on the pleadings following the denial of motions to dismiss, but courts have recently demonstrated an increasing willingness to reject these previously rare motions, finding them transparent attempts to relitigate already-decided issues, say attorneys at Labaton Keller.