Expert Analysis

• How Employers Can Limit Exposure To Data Breach Litigation

  Excerpt from Practical Guidance

  

  Employers must invest in robust cybersecurity and incident response protocols to both prevent data breaches and position themselves favorably in potential litigation, as legal defenses will increasingly rely on demonstrating reasonable security measures, prompt breach notification and transparent response efforts, says Gerald Maatman at Duane Morris.

• What We Know About DOJ's New FCA Enforcement Priorities

  

  Recent remarks from the leader of the Justice Department’s commercial litigation branch provide key insights on how False Claims Act cases — especially healthcare fraud, trade fraud, antidiscrimination and cybersecurity claims — will be evaluated, prioritized and pursued as heightened enforcement becomes the new normal, say attorneys at Latham.

• The Benefits Of Choosing A Niche Practice In The AI Age

  

  As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

• Google's Scraping Suit Asks How Far DMCA Protections Go

  

  A California federal court's decision in Google v. SerpApi will spotlight a long-developing judicial split over how to apply Section 1201 of the Digital Millennium Copyright Act’s ban on circumventing a copyright holder’s access controls, an increasingly important point in litigation over web scraping and artificial intelligence training, say attorneys at Jenner & Block.

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  Podcasting Makes Me A Better Lawyer

  

  Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

• Takeaways From Calif. High Court's Public Records Decision

  

  The California Supreme Court’s recent City of Gilroy v. Superior Court decision — clarifying the relief available under, and the duties imposed by, the California Public Records Act — expands the strategic significance of CPRA actions and demands greater foresight in public records practice, say attorneys at Hanson Bridgett.

• Resilience Planning As Nat'l Security Shifts Tech Import Policy

  

  In response to a sustained reorientation of U.S. trade policy around national security considerations, businesses reliant on processed critical minerals must closely monitor diplomatic negotiations and the potential expansion of trade measures, incorporating contingency planning into procurement and long-term investment strategies, says attorney Sohan Dasgupta.

• Character.AI Case Highlights Agentic AI Liability Questions

  

  The recently settled litigation against Character Technologies Inc. provides an early case study for exploring salient legal issues related to agentic artificial intelligence, such as tort liability, strict liability, statutory liability and contractual liability, says Samuel Mitchells at Smith Gambrell.

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  Volunteering With Scouts Makes Me A Better Lawyer

  

  Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

• Compliance Takeaways Amid Subscription Practices Scrutiny

  

  The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.

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  Law School's Missed Lessons: In Court, It's About Storytelling

  

  Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

• Aligning Microsoft Tools With NYC Bar AI Recording Guidance

  

  The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

• Social Media Trial Raises Key Product Safety Questions

  

  The trial underway in a California state court against Meta and Google is unprecedented, because it marks the first time a jury has been asked to consider whether social media platforms' engagement-maximizing design can be treated as a product safety issue, or whether it is inseparable from protected expression, says Gary Angiuli at Angiuli & Gentile.

• Class Actions At The Circuit Courts: March Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from January and identifies practice tips from cases involving allegations of violations of consumer fraud regulations, the Fair Credit Reporting Act, employment law and breach of contract statutes.

• 5 Different AI Systems Raise Distinct Privilege Issues

  

  A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.