Expert Analysis

• Exploring Good Faith And Bad Faith, From Dock To Doorstep

  

  Evolving in different contexts, property and maritime insurance take almost opposite views on the foundational concepts of good faith and bad faith, but, as evidenced by two recent decisions, they dovetail on the idea that trust is the currency of risk, says Nicole Connors at Cozen O'Connor.

• Breaking Down The Expanded Reach Of Florida Caller ID Bills

  

  Both chambers of the Florida Legislature are currently considering bills that would impose strict caller identification requirements on companies doing business in the state, but as drafted, they reach far beyond bad actors, affecting any business that places calls or sends text messages to Florida consumers, say attorneys at Bradley Arant.

• The Law Firm Merger Diaries: Leadership Strategy After Day 1

  

  For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.

• The Challenges Of Detecting Event Contract Manipulation

  

  While concerns about possible manipulation and insider trading in event contracts have increasingly been raised by market observers, distinguishing a speculative position from a hedge and effective surveillance make regulation difficult, particularly as the U.S. Commodity Futures Trading Commission argues for exclusive jurisdiction to do so, say economic consultants at the Brattle Group.

• Record FCA Recoveries Signal Intensified Healthcare Focus

  

  In its recently released False Claims Act statistics, the U.S. government's emphasis on record healthcare recoveries and government-initiated healthcare matters last year indicates robust enforcement ahead, though the administration's focus on current policy objectives also extends beyond the healthcare sector, say attorneys at Epstein Becker.

• 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.