Expert Analysis

• Series

  The Biz Court Digest: Texas, One Year In

  

  A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.

• AI Product Safety Insights May Expand Foreseeability

  

  Product liability law has long held that companies are responsible for risks they knew about or should have known about — and with AI systems now able to assess and predict hazards during the design process, companies should expect that courts will likely treat such hazards as foreseeable, says Donald Fountain at Clark Fountain.

• Series

  Law School's Missed Lessons: Educating Your Community

  

  Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.

• Strategies For Merchants As Payment Processing Costs Rise

  

  As current economic pressures and rising card processing costs threaten to decrease margins for businesses, retail merchants should consider restructuring how payments are made and who processes them within the evolving legal framework, says Tom Witherspoon at Stinson.

• Shifting Crypto Landscape Complicates Tornado Cash Verdict

  

  Amid shifts in the decentralized finance regulatory landscape, the mixed verdict in the prosecution of Tornado Cash’s founder may represent the high-water mark in a cryptocurrency enforcement strategy from which the U.S. Department of Justice has begun to retreat, say attorneys at Venable.

• 5 Crisis Lawyering Skills For An Age Of Uncertainty

  

  As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.

• Compliance Tips Amid Rising FTC Scrutiny Of Minors' Privacy

  

  The Federal Trade Commission has recently rolled out multiple enforcement actions related to children's privacy, highlighting a renewed focus on federal regulation of minors' personal information and the evolving challenges of establishing effective, privacy-protective age assurance solutions, say attorneys at Nelson Mullins.

• Opinion

  It's Time For The Judiciary To Fix Its Cybersecurity Problem

  

  After recent reports that hackers have once again infiltrated federal courts’ electronic case management systems, the judiciary should strengthen its cybersecurity practices in line with executive branch standards, outlining clear roles and responsibilities for execution, says Ilona Cohen at HackerOne.

• Prepping For Website Automatic Opt-Out Signal Mandates

  

  Maryland's Online Data Privacy Act, which, along with a growing number of U.S. states, requires businesses to offer mechanisms in their privacy policies or online interfaces to allow individuals to opt out of data collection, marks a new frontier in consumer privacy, raising both technical and legal risks, say attorneys at Baker Donelson.

• Tips For Cos. Crafting Enforceable Online Arbitration Clauses

  

  Recent rulings from the Ninth Circuit and the U.S. District Court for the Southern District of California indicate that courts are carefully examining the enforceability of online arbitration clauses, so businesses should review the design of their websites and consider specific language next to the "purchase" button, say attorneys at DTO Law.

• 7 Lessons From The Tractor Supply CCPA Enforcement Action

  

  The California Privacy Protection Agency's recent enforcement action targeting Tractor Supply for alleged violations of the California Consumer Privacy Act provides critical insights into the compliance areas that remain a priority for the California regulator, including businesses with significant consumer interactions, say attorneys at Troutman.

• Series

  Writing Novels Makes Me A Better Lawyer

  

  Writing my debut novel taught me to appreciate the value of critique and to never give up, no matter how long or tedious the journey, providing me with valuable skills that I now emphasize in my practice, says Daniel Buzzetta at BakerHostetler.

• SDNY OpenAI Order Clarifies Preservation Standards For AI

  

  The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything” approach, says Philip Favro at Favro Law.

• Addressing Legal Risks Of AI In The Homebuilding Industry

  

  Artificial intelligence is transforming the homebuilding industry, but the legal challenges posed by its adoption spread across many areas, including contractual liability and intellectual property issues, so builders should adopt strategies to mitigate the risks and position themselves for success, says Philip Stein at Bilzin Sumberg.

• Cybersecurity Rule For DOD Contractors Creates New Risks

  

  A rule locking in the Cybersecurity Maturity Model Certification system for defense contractors increases False Claims Act and criminal enforcement risks by narrowing a key exemption and mandating affirmations of past compliance, which may discourage new companies from entering the defense contracting market, say attorneys at Haynes Boone.