Expert Analysis

• DOJ-Agri Stats Settlement Offers Key Benchmarking Lessons

  

  A Minnesota federal court's recent approval of the Agri Stats settlement marks a significant milestone as it's the most granular U.S. Justice Department guidance on permissible competitor benchmarking since the 2023 withdrawal of the safety zone, lending predictability for companies in data-pooling arrangements, say attorneys at Arnold & Porter.

• Why Importers Should Assess IEEPA Refund Claims Now

  

  Businesses that wait for direction from U.S. Customs and Border Protection or the courts before seeking refunds of their finally liquidated International Economic Emergency Procedure Act duties in court may find them out of reach as the earliest potential limitation deadlines are approaching, says Samuel Finkelstein at LMD Trade Law.

• Series

  Mich. Banking Brief: All The Notable Legal Updates In Q3

  

  We are at an inflection point for Michigan financial services law, with a state Supreme Court decision recently overruling more than 25 years of precedent on the Michigan Consumer Protection Act, and pending legislation that could significantly shift the regulatory landscape, say attorneys and advisers at Dykema.

• HSR Compliance Lessons Abound In Proposed $250M Deal

  

  The U.S. Justice Department's recently proposed $250 million Hart-Scott-Rodino Act settlement with KKR sheds light on additional safeguards that companies can put into place to mitigate risk as they prepare for their next deal, including implementation of a robust document process, say attorneys at White & Case.

• FTC Proposal Puts Personalized Pricing On Notice

  

  The Federal Trade Commission’s recent proposed policy statement on undisclosed personalized pricing signals the potential for harm when business practices diverge from consumer expectations, indicating a need to disclose not only data usage, but also how it influences the prices consumers see, says Linda Goldstein at CM Law.

• Opinion

  Clancy Trial Shows Need For Juror Anonymity Reforms

  

  Doxing of the holdout juror in the Lindsay Clancy murder mistrial in Massachusetts illustrates the increasing need to provide jurors with greater protection once service ends in high-profile cases, balancing concerns about transparency and independence, says Daniel Schneider at Offit Kurman.

• AG Watch: How Maryland Is Meeting The Data Center Age

  

  At a time when states are competing for data center investment, Maryland Attorney General Anthony Brown's upcoming people's counsel appointment may shape the state's most consequential debates over electric rate increases, grid investment and the costs of the ongoing energy transition for years to come, says Erek Barron at Mintz.

• Mapping The Shifting Landscape Of Algorithmic Pricing Laws

  

  As state legislative activity and federal developments abound in algorithmic pricing practice, companies steering through this regulatory patchwork should consider a number of key issues, including status, use and exemptions, say attorneys at Covington.

• Testing AI's Promise For Large-Scale Document Review

  

  Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

• How ChatGPT Teen Version Raises Product Liability Questions

  

  OpenAI's recent rollout of ChatGPT for Teens offers younger users a purportedly safer version of the software — but it could also help plaintiffs who are questioning whether earlier versions were safe for minors, when the company identified risks and when safeguards became technically viable, says Michael McCready at McCready Law.

• AG Watch: Va. Vape Product Regulations Enter A New Phase

  

  Virginia's new vape enforcement framework carries important implications related to product eligibility and certification requirements for businesses operating in the marketplace, representing the culmination of several years of legislative action, regulatory development, litigation and interagency planning, says Chuck Slemp at Cozen O'Connor.

• What's Next For Prediction Markets If States Win At High Court

  

  While the Supreme Court hasn't taken up a prediction market case yet, a high court win for the states in their quest to regulate the exchanges would likely mean a wave of state legislature bills and regulatory guidance arriving on different timelines, rather than a single uniform transition, says Howard Herndon at Bradley Arant.

• FDIC Standards Body Could Ease Bank Vendor Due Diligence

  

  The Federal Deposit Insurance Corp.'s recently proposed standards body for bank vendors could streamline due diligence and onboarding, but banks and their third-party service providers alike should still monitor open questions around oversight, certification costs and governance, say attorneys at Clark Hill.

• AI Meeting Recaps Pose New Discovery And Privilege Risks

  

  The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

• Class Actions At The Circuit Courts: September Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.