Expert Analysis

• Teva MDL Loss Shows DPAs Can Return To Haunt Civil Suits

  

  Teva’s recent partial summary judgment loss in antitrust multidistrict litigation reinforces the importance of carefully scrutinizing any statement of facts a company admits to in a deferred prosecution agreement, and illustrates the potential costs of resolving a criminal investigation this way, say attorneys at Sheppard.

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  Ballet Makes Me A Better Lawyer

  

  A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

• How Texas' Protein Powder Probe Reflects Prop 65's Influence

  

  Texas' recently announced investigation into contaminants in protein powder illustrates how California's Proposition 65, with its hundreds of listed chemicals, safe harbor levels and consumer warnings, may have an influence on enforcement and regulation in other states, say attorneys at Buchalter.

• 10 Ways To Avoid Privacy Risks Revealed In AI Notetaker Suits

  

  Litigation claiming Otter.ai trained its AI-powered transcription tool on user conversations and a recent complaint alleging Granola’s notetaking bot joined video calls unbeknownst to participants show companies should assess these technologies as communications-capture tools with privacy and wiretap risks, says Jennifer Ruehr at Hintze Law.

• 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.

• 4 Ways‌ NY's Bivens Act Changes Civil Rights Legal Strategy

  

  New York state's new Bivens Act creates a statutory civil rights cause of action against federal officials, changing presuit investigations, discovery and settlement leverage, and creating an opportunity to pursue more structural changes — so plaintiffs counsel will need to adjust their civil rights litigation playbooks, say attorneys at Jacob Fuchsberg Law.

• The Expanding Litigation Front Against The Data Center Boom

  

  A survey of environmental and land use claims raised in disputes over data center projects across the country shows that the outcomes of these disputes will have significant implications not only for the future of data center development, but for infrastructure projects in general, say attorneys at Arnold & Porter.

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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.

• Student Loan Suit Draws Line On Testimony In Trust Litigation

  

  A recent interlocutory opinion from the Southern District of New York shows securitization experts can explain servicing practices but cannot substitute for authenticated loan-level ownership proof or intent evidence, signaling that parties in student loan trust cases should sharpen recordkeeping and tracing strategies, says attorney Stanley Tate.

• 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.

• Target's ERISA Win Doesn't Ax Tobacco Surcharge Questions

  

  Though a Minnesota federal court's recent dismissal of a putative class action challenging Target's tobacco surcharge wellness program offers employers a defense road map, courts' differing conclusions about the Employee Retirement Income Security Act versus U.S. Department of Labor requirements leave the legal landscape unsettled, say attorneys at McGuireWoods.

• 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.

• WWE Sanctions Ruling Pins Down Spoliation Lesson

  

  The Delaware Chancery Court’s recent verdict in favor of WWE investors may be the most carefully calibrated spoliation sanctions decision in recent memory, and it should reshape how counsel approach their motions — including in federal court, says Ricky Weingarten at Slarskey.