Expert Analysis

• Contact Lens Rule's Evolution Steers FTC Guidance Program

  

  The history of the Federal Trade Commission's Contact Lens Rule illustrates the goals of the FTC's recently announced guidance program, which aims to strengthen consumer protection and safeguard competition, say attorneys at Wilson Sonsini.

• Upholding Energy Efficiency Rules If DOE Eases Enforcement

  

  Despite recent moves by the Energy Department and Congress to limit energy efficiency enforcement, companies should maintain current efficiency standards and testing procedures lest they risk state or private action, enforcement lookbacks during future administrations, truth-in-advertising complaints and more, say attorneys at HWG.

• New Suits Raise Stakes After 7th Circ. 'Zero Sugar' Ruling

  

  The Seventh Circuit's recent ruling in Franco v. Chobani that "zero sugar" claims on allulose-sweetened products are not preempted has sparked a wave of lawsuits, and companies can no longer assume that federal allulose guidance is a safe harbor, say attorneys at Bradley Arant.

• Meta Smart Glasses Suit Will Test Privacy Law For Bystanders

  

  In a consolidated suit over how Ray-Ban Meta AI smart glasses handle personal video footage, a recently proposed class of unwittingly recorded bystanders highlights questions over whether privacy laws and product disclosures adequately address the risks wearable recording devices pose to nonusers, say attorneys at Barnes & Thornburg.

• 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.