McDonald's Antitrust Suits Spotlight Risks Of AI Pricing Tools

A pair of recent class actions filed against McDonald's in Illinois federal court show how antitrust challenges can arise when companies use artificial intelligence pricing tools and personalize prices for individual consumers, say attorneys at Patterson Belknap.

Planning Personal Phone Collections Before Discovery Begins

For counsel planning a personal phone collection as part of the litigation discovery process, it's important to take early steps to ensure that necessary information will be obtained without exposing unrelated information or running into access issues, says Jeremy Horowitz at MARA Forensics.

Conn. Financial Cos. Must Make AI Plans Exam-Ready

Connecticut's new artificial intelligence guidance for covered financial institutions is notable for its specificity and its broad inclusion of any AI system that materially influences business operations or risk management, detailing the need for written plans covering risk tiering, human oversight and vendor controls, says James Williams at Venable.

How Product Recalls Expose Insurance Coverage Gaps

The recent Cyclospora outbreak in iceberg lettuce highlights the potential insurance risks of a contaminated ingredient or defective product creating a ripple effect throughout an entire supply chain, leaving companies with substantial costs that standard policies may not cover, say attorneys at Morgan Lewis.

Meta, TikTok Cases Show How AGs May Redefine Governance

The Meta Platforms settlement and TikTok lawsuit addressing social media harms to minors highlight that state attorneys general are not merely extracting payments, but are also using litigation and settlements to impose durable product, institutional and policy change, say attorneys at Snell & Wilmer.

How NYC Consumer Bill Could Expand Private Claims

New York City's proposed Power Act could expose companies to sweeping private claims under its prohibition on unfair, deceptive, and abusive acts and practices, making regulatory compliance reviews and litigation-risk planning essential for businesses serving city residents, says Brian Turetsky at Hinshaw.

Key Themes In State Bank Supervisors' AI Exam Framework

The Conference of State Bank Supervisors' artificial intelligence supervisory framework introduces a set of optional questions and procedures for examiners, and it may bring meaningful consistency in how financial institutions' AI use and integration will be examined, say attorneys at Cooley.

How Feds' Shifting Guidance Hits Bank-Fintech Partnerships

A slew of recent Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency reforms will ultimately give banks and fintechs more flexibility in third-party oversight and supervisory information sharing, but institutions still must document risk-based decisions and engage proactively with regulators, say attorneys at Husch Blackwell.

What To Watch As Florida Stablecoin Framework Takes Shape

As Florida's new payment stablecoin licensing framework enters its second month, requiring issuers to map applicable state and federal obligations and account for certification and rulemaking uncertainty, businesses should build core controls while keeping launch plans and contracts flexible, says Rob Brighton at Becker.

FTC Letters Expand Hospitals' Pricing Transparency Risks

A wave of warning letters recently sent by the Federal Trade Commission to healthcare service providers makes it clear that, in addition to complying with the Centers for Medicare & Medicaid Services' regulations, health systems must now account for the legal standards and broad investigatory power of a second enforcer, say attorneys at King & Spalding.

NYC Power Act May Spur Algorithmic Pricing And Other Suits

New York City’s proposed Power Act would create a private right of action for unfair, deceptive, abusive and unlawful practices, broadening litigation exposure for businesses using algorithmic and other types of pricing technology, though its path to enactment still remains uncertain, say attorneys at Skadden.

How Cos. Can Reassess Ad Tech After Wash. Pixel Use Ruling

The Washington Supreme Court's decision in Baker v. Seattle Children's Hospital, holding that the hospital website's use of Meta Pixel didn't violate the state’s privacy act, may provide a powerful defense against privacy claims, but shouldn’t be read as a blanket approval of advertising technologies, say attorneys at Duane Morris.

Opinion

Judges Must Turn To Merits Earlier To Fix Civil Justice System

The U.S. justice system is long overdue for a cultural shift that encourages judges to engage with the merits of a case from the outset, which would help to cut through procedural complexities and deliver high-quality justice efficiently and at lower cost, says Steven Kayman at Rottenberg Lipman.

DOE Energy Efficiency Rollbacks Portend Clashes With States

With the U.S. Department of Energy proposing rollbacks of energy efficiency regulations for numerous appliance types, backstop provisions in many states could come into play to preserve existing standards — but disputes over antibacksliding provisions in federal law and the limits of preemption mean court battles are likely, say attorneys at HWG.

Enviro Marketing Lessons From NY Greenwashing Ruling

A New York state appeals court recently affirmed the dismissal of a New York City suit accusing BP, Exxon and Shell of corporate and product greenwashing, providing practical lessons for framing comparative environmental claims carefully by ensuring that environmental claims are accurate, properly qualified and presented in context, say attorneys at V&E.