Expert Analysis

• DOJ's Deloitte, Lockheed DEI Deals Stress Whistleblower Role

  

  The U.S. Department of Justice's recent settlements with Deloitte and Lockheed Martin over their diversity, equity and inclusion practices, launched by private whistleblowers, demonstrate to government contractors that federal enforcement can start from within, say attorneys at Hinckley Allen.

• What The 11th Circ.'s Qui Tam Ruling Left Unanswered

  

  Although the Eleventh Circuit’s recent ruling in Zafirov v. Florida Medical Associates upheld the False Claims Act’s qui tam provisions under the appointments clause, its narrow reasoning leaves unresolved questions about presidential control over relator litigation that could sustain further constitutional challenges, says Taylor Chenery at Bass Berry.

• Planning Personal Phone Collections Before Discovery Begins

  

  For counsel planning a personal phone collection as part of the litigation discovery process, it's important to take early steps to ensure that necessary information will be obtained without exposing unrelated information or running into access issues, says Jeremy Horowitz at MARA Forensics.

• High Court's H-2A Case Could Reshape Agency Adjudication

  

  The U.S. Supreme Court will hear arguments in a case that concerns whether the U.S. Department of Labor may fine an employer for violating employment conditions in the H-2A visa program, but its eventual decision could chart the course for in-house adjudication across a broad swath of the federal government, say attorneys at Holland & Knight.

• Meta, TikTok Cases Show How AGs May Redefine Governance

  The Meta Platforms settlement and TikTok lawsuit addressing social media harms to minors highlight that state attorneys general are not merely extracting payments, but are also using litigation and settlements to impose durable product, institutional and policy change, say attorneys at Snell & Wilmer.

• How NYC Consumer Bill Could Expand Private Claims

  

  New York City's proposed Power Act could expose companies to sweeping private claims under its prohibition on unfair, deceptive, and abusive acts and practices, making regulatory compliance reviews and litigation-risk planning essential for businesses serving city residents, says Brian Turetsky at Hinshaw.

• Key Themes In State Bank Supervisors' AI Exam Framework

  

  The Conference of State Bank Supervisors' artificial intelligence supervisory framework introduces a set of optional questions and procedures for examiners, and it may bring meaningful consistency in how financial institutions' AI use and integration will be examined, say attorneys at Cooley.

• How Feds' Shifting Guidance Hits Bank-Fintech Partnerships

  

  A slew of recent Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency reforms will ultimately give banks and fintechs more flexibility in third-party oversight and supervisory information sharing, but institutions still must document risk-based decisions and engage proactively with regulators, say attorneys at Husch Blackwell.

• What To Watch As Florida Stablecoin Framework Takes Shape

  

  As Florida's new payment stablecoin licensing framework enters its second month, requiring issuers to map applicable state and federal obligations and account for certification and rulemaking uncertainty, businesses should build core controls while keeping launch plans and contracts flexible, says Rob Brighton at Becker.

• FTC Letters Expand Hospitals' Pricing Transparency Risks

  

  A wave of warning letters recently sent by the Federal Trade Commission to healthcare service providers makes it clear that, in addition to complying with the Centers for Medicare & Medicaid Services' regulations, health systems must now account for the legal standards and broad investigatory power of a second enforcer, say attorneys at King & Spalding.

• NLRB Ruling Redraws Arbitration Confidentiality Limits

  

  The National Labor Relations Board's recent decision in Ralphs Grocery adds to a growing body of board precedent that offers takeaways for how employers can maximize the enforceability of confidentiality restrictions and discovery procedures in arbitration agreements, say attorneys at Morgan Lewis.

• Opinion

  Judges Must Turn To Merits Earlier To Fix Civil Justice System

  

  The U.S. justice system is long overdue for a cultural shift that encourages judges to engage with the merits of a case from the outset, which would help to cut through procedural complexities and deliver high-quality justice efficiently and at lower cost, says Steven Kayman at Rottenberg Lipman.

• DOE Energy Efficiency Rollbacks Portend Clashes With States

  

  With the U.S. Department of Energy proposing rollbacks of energy efficiency regulations for numerous appliance types, backstop provisions in many states could come into play to preserve existing standards — but disputes over antibacksliding provisions in federal law and the limits of preemption mean court battles are likely, say attorneys at HWG.

• Enviro Marketing Lessons From NY Greenwashing Ruling

  

  A New York state appeals court recently affirmed the dismissal of a New York City suit accusing BP, Exxon and Shell of corporate and product greenwashing, providing practical lessons for framing comparative environmental claims carefully by ensuring that environmental claims are accurate, properly qualified and presented in context, say attorneys at V&E.

• How Cos. Should Prepare For Democratic Oversight

  

  Companies should begin preparing now for a new, Democratic-majority Congress — understanding how the oversight landscape has changed in recent years and monitoring leadership elections, new rules and potential select committees, say attorneys at Wiley.