Consumer Protection

Expert Analysis

• Analyzing Upward And Downward Trends In Legal Tech

  

  Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

• Opinion

  ABA's New Guidance On Litigation Funding Misses The Mark

  

  The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

• Opinion

  How Biologics Cos. Disparage Biosimilars And How To Stop It

  

  Biologic manufacturers' attempts to cast doubt on the safety and efficacy of biosimilar products are deceptive and potentially anti-competitive, and the government should take action to help consumers afford life-saving medicines, says Michael Carrier at Rutgers Law School.

• What Firms Should Ask Before Hiring Attorneys From Gov't

  

  In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

• The Ethics Of Using Chatbots For Legal Services

  

  Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

• Opinion

  ABA Must Seize Opportunity To Respond To Bar Exam Chaos

  

  The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

• Opinion

  Recent Decisions Helpfully Narrow TCPA Scope

  

  A New York federal court's recent Telephone Consumer Protection Act decision in Gerrard v. Acara Solutions adds to a growing line of cases holding that phone calls or text messages related to offers of employment may not be directly subject to the harsher provisions of the TCPA, says Myriah Jaworski at Beckage.

• How Pandemic Is Affecting The Pace Of Judicial Opinions

  

  The COVID-19 pandemic has changed the way judges work, but how has it impacted the volume of work product they generate? Ben Strawn and Omeed Azmoudeh at Davis Graham investigate using data from the PACER federal courts registry.

• High Court TCPA Case May Curb Robocall Class Actions

  

  The U.S. Supreme Court recently granted certiorari in a Telephone Consumer Protection Act case, Facebook v. Duguid, that has the potential to transform the statutory definition of autodialer and make it much more difficult for plaintiffs to prevail in robocall cases, says David Poell at Sheppard Mullin.

• What Split On Standing Means For Fla. Consumer Claims

  

  Aaron Weiss at Carlton Fields assesses how plaintiffs and defendants can address adverse standing rulings in light of the Florida federal court split on when an individual has standing to pursue injunctive and declaratory relief under the state’s Deceptive and Unfair Trade Practices Act.

• How Contractors Can Reduce Antitrust Risk Amid COVID-19

  

  Given coronavirus-related supply chain strains and the U.S. Department of Justice's increased scrutiny of public procurement, government contractors should implement internal controls to prepare for antitrust enforcement inquiries and independent whistleblower claims, say advisers at FTI Consulting and BakerHostetler.

• 6 Steps For Law Firms Looking To Improve Their Culture

  

  The COVID-19 crisis represents an inflection point for law firm culture, and smart firm leaders will take advantage of this moment to build innovation-welcoming environments that support partners, associates, business services teams and clients alike, say Jennifer Johnson at Calibrate Legal and Kathleen Pearson at Pillsbury.

• Virtual Courts Amplify Lawyers' Corporate Spokesperson Role

  

  Greater access to virtual court proceedings during the pandemic means an increased likelihood that legal arguments will jump from the courtroom to the court of public opinion, so counsel must tailor statements with the client's reputation in mind, says Mike Dolan at Finsbury.

• Numerosity Analysis Fix Can Improve Class Cert. Decisions

  

  Courts can remedy the recent trend of disregarding joinder in numerosity inquiries by addressing four key errors and retethering their analysis to the text of federal requirements for class certification, says Bennett Rawicki at Gibson Dunn.

• Key Financial Data Security Takeaways From FTC Workshop

  

  Attorneys at Perkins Coie analyze major issues raised in the Federal Trade Commission's recent virtual workshop on proposed updates to the Gramm-Leach-Bliley Act’s data security requirements for nonbank financial institutions, as well as perspectives that were not addressed but should be considered before issuing a final rule.