Expert Analysis

• Methods For Challenging State Civil Investigative Demands

  

  Ongoing challenges to enforcement actions underscore the uphill battle businesses face in arguing that a state investigation is prohibited by federal law, but when properly deployed, these arguments present a viable strategy to resist civil investigative demands issued by state attorneys general, say attorneys at Troutman Pepper.

• Reel Justice: 'Sentimental Value' And Witness Anxiety

  

  "Sentimental Value" reminds us that anxiety can interfere with performance, but unlike actors, witnesses cannot rehearse their lines or control the script, so a lawyer's role is not to eliminate stress, but to create conditions where the accuracy of a witness's testimony survives under pressure, says Veronica Finkelstein at Wilmington University.

• Calif.'s Civility Push Shows Why Professionalism Is Vital

  

  The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.

• How The Fashion 'Dupe' Economy Is Redefining IP Strategies

  

  Fashion brands' recent experiments with unconventional trademark strategies highlight the growing impact that "dupe" versions of luxury items are having on the fashion market, as well as growing pressure points in trademark and trade dress law, say attorneys at Marshall Gerstein.

• Opinion

  SNAP Rule Confusion Risks A Compliance Crisis

  

  Recent Supplemental Nutrition Assistance Program food restriction waivers pose a compliance crisis for legal practitioners advising food retailers, amid higher costs and lack of a coherent national standard, says Tyson-Lord Gray at Yeshiva University’s Benjamin N. Cardozo School of Law.

• Tips For Consumer Finance GCs Navigating AI In Pro Se Suits

  

  There are several avenues for consumer finance in-house counsel to make artificial intelligence use disclosure requirements a standardized tool when facing pro se litigants, including preservation demands and discovery requests to ease friction and root out inaccurate legal representations, says Lee Barrett at Planet Home Lending.

• Should Prediction Markets Allow Trading On Nonpublic Info?

  

  Recent trading activity, such as the Polymarket wager on the U.S. capture of Venezuelan President Nicolás Maduro, has raised questions about whether some participants may be engaging in trading that is based on material nonpublic information, and highlights ongoing uncertainty about how existing derivatives and anti-fraud rules apply to event-based contracts, say economic consultants at the Brattle Group.

• FCC Satellite Co. Action Starts New Chapter For Team Telecom

  

  The Federal Communications Commission's recent settlement with satellite company Marlink marks a modest but meaningful step forward in how the U.S. regulates foreign involvement in its telecommunications sector, proving "Team Telecom" conditions are not limited to companies with substantial foreign ownership, says attorney Sohan Dasgupta.

• Series

  Trivia Competition Makes Me A Better Lawyer

  

  Playing trivia taught me to quickly absorb information and recognize when I've learned what I'm expected to know, training me in the crucial skills needed to be a good attorney, and reminding me to be gracious in defeat, says Jonah Knobler at Patterson Belknap.

• Clarifying A Persistent Misconception About Settlement Talks

  

  An Indiana federal court’s recent Cloudbusters v. Tinsley ruling underscores the often-misunderstood principle that Rule 408 of the Federal Rules of Evidence does not bar parties from referencing prior settlement communications in their pleadings — a critical distinction when such demands further a fraudulent or bad faith scheme, say attorneys at Hanson Bridgett.

• Opinion

  Federal Preemption In AI And Robotics Is Essential

  

  Federal preemption offers a unified front at a decisive moment that is essential for safeguarding America's economic edge in artificial intelligence and robotics against global rivals, harnessing trillions of dollars in potential, securing high-skilled jobs through human augmentation, and defending technological sovereignty, says Steven Weisburd at Shook Hardy.

• Series

  Law School's Missed Lessons: What Cross-Selling Truly Takes

  

  Early-career attorneys may struggle to introduce clients to practitioners in other specialties, but cross-selling becomes easier once they know why it’s vital to their first years of practice, which mistakes to avoid and how to anticipate clients' needs, say attorneys at Moses & Singer.

• OCC Mortgage Escrow Rules Add Fuel To Preemption Debate

  

  Two rules proposed in December by the Office of the Comptroller of the Currency, which would preempt state laws requiring national banks to pay interest on mortgage escrow accounts, are a bold new federal gambit in the debate over how much authority Congress intended to hand state regulators under the Dodd-Frank Act, says Christian Hancock at Bradley Arant.

• Tick, Tock: Maximizing The Clock, Regardless Of Trial Length

  

  Whether a judge grants more or less time for trial than an attorney hoped for, understanding how to strategically leverage the advantages and attenuate the disadvantages of each scenario can pay dividends in juror attentiveness and judicial respect, says Clint Townson at Townson Litigation.

• CFIUS Initiative May Smooth Way For Some Foreign Investors

  

  A new program that will allow certain foreign investors to be prevetted and admitted to fast-track approval by the Committee on Foreign Investment in the United States will likely have tangible benefits for investors participating in competitive M&A, say attorneys at Simpson Thacher.