Expert Analysis

• Bipartisan Enforcement Is Rising In Consumer Finance

  

  Activity over the past year suggests a bipartisan state enforcement wave is rippling across the consumer finance industry, which follows a blueprint set out by former Consumer Financial Protection Bureau Director Rohit Chopra, who notably now leads a Democratic Attorneys General Association working group, say attorneys at Hudson Cook.

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  Teaching Logic Makes Me A Better Lawyer

  

  Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

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  Law School's Missed Lessons: Practicing Resilience

  

  Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

• New State Regs On PFAS In Products Complicate Compliance

  

  The new year brought new bans and reporting requirements for per- and polyfluoroalkyl substances in half a dozen states — in many cases, targeting specific consumer product categories — so manufacturers, distributors and retailers must not only monitor their own supply chains, but also coordinate to ensure compliance, say attorneys at Morgan Lewis.

• Can OCC State Banking Law Preemption Survive The Courts?

  

  While two December proposals from the Office of the Comptroller of the Currency seek to foreclose pending consumer litigation against national banks related to residential mortgage lending, it's unclear whether this aggressive approach will withstand judicial scrutiny under the U.S. Supreme Court's 2024 rulings in Cantero and Loper Bright, say attorneys at Davis Wright.

• NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

  

  Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

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  The Biz Court Digest: Dispatches From Utah's Newest Court

  

  While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

• Viewing The Merger Landscape Through An HPE-Juniper Lens

  

  If considerations beyond antitrust law were taken into account to determine whether Section 7 of the Clayton Act was violated in the Hewlett Packard Enterprise-Juniper Networks deal, then legal practitioners advocating deal clearance may now have to argue that deals should be justified by considerations not set forth in the merger guidelines, says Matthew Cantor of Shinder Cantor.

• 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

  

  Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

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  Playing Tennis Makes Me A Better Lawyer

  

  An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

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  Judges On AI: How Judicial Use Informs Guardrails

  

  U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.

• Lessons From EdTech Provider's Data Breach Settlements

  

  Education technology company Illuminate Education's recent settlements with three states and the Federal Trade Commission over state privacy law claims following a student data breach are some of the first of their kind, suggesting a shift in enforcement focus to how companies handle student data and highlighting the potential for coordinated enforcement actions, say attorneys at Wilson Sonsini.

• Justices' Double Jeopardy Ruling May Limit Charge-Stacking

  

  The U.S. Supreme Court’s recent holding in Barrett v. U.S. that the double jeopardy clause bars separate convictions for the same act under two related firearms laws places meaningful limits on the broader practice of stacking charges, a reminder that overlapping statutes present prosecutors with a menu, not a buffet, says attorney David Tarras.

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  Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

  

  My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

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  Law School's Missed Lessons: How To Start A Law Firm

  

  Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.