Expert Analysis

• Texas Suit Marks Renewed Focus On Service Kickback Theory

  

  After a dormant period at the federal level, a theory of kickback enforcement surrounding nurse educator programs and patient support services resurfaced with a recent state court complaint filed by Texas against Eli Lilly, highlighting for drugmakers the ever-changing nature of enforcement priorities and industry landscapes, say attorneys at Sheppard Mullin.

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  Power To The Paralegals: How And Why Training Must Evolve

  

  Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

• Evaluating The Current State Of Trump's Tariff Deals

  

  As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.

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  Playing Softball Makes Me A Better Lawyer

  

  My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.

• 5 Years In, COVID-19 Fraud Enforcement Landscape Is Shifting

  

  As the government moves pandemic fraud enforcement from small-dollar individual prosecutions to high-value corporate cases, and billions of dollars remain unaccounted for, companies and defense attorneys must take steps now to prepare for the next five years of scrutiny, says attorney David Tarras.

• How Securities Test Nuances Affect State-Level Enforcement

  

  Awareness of how different states use their securities investigation and enforcement powers, particularly their use of the risk capital test over the federal Howey test, is critical to navigating the complicated patchwork of securities laws going forward, especially as states look to fill perceived federal enforcement gaps, say attorneys at WilmerHale.

• Analyzing AI's Evolving Role In Class Action Claims Admin

  

  Artificial intelligence is becoming a strategic asset in the hands of skilled litigators, reshaping everything from class certification strategy to claims analysis — and now, the nuts and bolts of settlement administration, with synthetic fraud, algorithmic review and ethical tension emerging as central concerns, says Dominique Fite at CPT Group.

• 11th Circ.'s FCRA Standing Ruling Offers Compliance Lessons

  

  The Eleventh Circuit's recent decision in Nelson v. Experian on establishing Article III standing under the Fair Credit Reporting Act should prompt businesses to survey FCRA compliance programs, review open matters for standing defenses and refresh training materials, say attorneys at Nixon Peabody.

• 8 Steps For Industrial Property Buyers To Limit Enviro Liability

  

  Ongoing litigation over the U.S. Environmental Protection Agency’s designation of PFAS as hazardous site contaminants demonstrates the liabilities that industrial property purchasers risk inheriting, but steps to guarantee rigorous environmental compliance, anticipate regulatory change and allocate cleanup responsibilities can mitigate this uncertainty, say attorneys at ArentFox Schiff.

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  Law School's Missed Lessons: Mastering Time Management

  

  Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.

• How Prohibiting Trigger Leads May Affect Mortgage Marketing

  

  Recent amendments to the Fair Credit Reporting Act prohibiting the sale of trigger leads mark a significant shift in the regulatory landscape for mortgage lenders, third-party lead generators and their legal counsel, who should reevaluate lead generation strategies and compliance protocols, say Joel Herberman, Rob Robilliard and Leah Dempsey at Brownstein Hyatt.

• What To Expect From The EEOC Once A Quorum Is Restored

  

  As the U.S. Equal Employment Opportunity Commission is expected to soon regain its quorum with a Republican majority, employers should be prepared for a more assertive EEOC, especially as it intensifies its scrutiny of diversity, equity and inclusion programs, say attorneys at Dechert.

• Privacy Policy Lessons After Google App Data Verdict

  

  In Rodriguez v. Google, a California federal jury recently found that Google unlawfully invaded app users' privacy by collecting, using and disclosing pseudonymized data, highlighting the complex interplay between nonpersonalized data and customers' understanding of privacy policy choices, says Beth Waller at Woods Rogers.

• How Hyperlinks Are Changing E-Discovery Responsibilities

  

  A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.

• State False Claims Acts Can Help Curb Opioid Fund Fraud

  

  State versions of the federal False Claims Act can play an important role in policing the misuse of opioid settlement funds, taking a cue from the U.S. Department of Justice’s handling of federal fraud cases involving pandemic relief funds, says Kenneth Levine at Stone & Magnanini.