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Expert Analysis
Microplastics On Water Contaminant List Could Spur Claims
The U.S. Environmental Protection Agency's proposal to include microplastics in its draft sixth Contaminant Candidate List under the Safe Drinking Water Act could influence consumer fraud claims and enforcement by state attorneys general, as well as claims against manufacturers from entities facing regulatory compliance costs, says Arie Feltman-Frank at Jenner & Block.
Getting To Know The Key Partners In Nuclear Power Projects
As more major technology companies and hyperscalers enter into energy offtake agreements with operators of existing, restarting and planned nuclear plants, it is essential that all stakeholders in such partnerships understand the roles and responsibilities of the key entities involved in a nuclear power project, say attorneys at Morgan Lewis.
EPA's Retreat On GHGs Reshapes Preemption Debate
In the wake of the U.S. Environmental Protection Agency's rescission of its finding that it can regulate climate-threatening greenhouse gases, states are poised to step up their own GHG regulation — but the EPA's new framework creates substantial uncertainty over the extent of federal preemption, say attorneys at Holland & Hart.
Trump Order Signals Tougher Benefits Fraud Probes
A recent order from President Donald Trump establishing a federal taskforce for addressing fraud in federally funded benefit programs emphasizes interagency information sharing, potentially affecting a broad range of areas including government contracts, administrative law considerations and False Claims Act cases, say attorneys at Morgan Lewis.
How 2nd Circ. Gave Loper Bright Real Force In SEC Cases
The Second Circuit's recent decision in U.S. Securities and Exchange Commission v. Amah offers one of the first clear indications of how courts will operationalize Loper Bright, signaling that long-standing SEC enforcement theories resting on ambiguous definitional provisions are now subject to more rigorous judicial scrutiny, say attorneys at Morgan Lewis.
What GCs Should Consider Before Tendering TM Litigation
When a trademark lawsuit lands on a general counsel's desk, the instinct is to tender it to the insurer, but that model often breaks down in intellectual property litigation, where the stakes extend far beyond defense costs to injunctions, forced rebranding and permanent market constraints, says Bill Wagner at Taft.
Adapting To The Shift Toward Ex Parte Patent Challenges
As recent U.S. Patent and Trademark Office developments shift the patent challenge landscape, challengers will need to reconsider long-held assumptions about forum selection for validity challenges, and patent owners should prepare to defend against more ex parte filings, say attorneys at Marshall Gerstein.
Series
Isshin-Ryu Karate Makes Me A Better Lawyer
My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.
Lessons Orgs Facing Cyberattacks Can Learn From Iran War
Amid cyberattacks following the outbreak of the Iran war, the U.S. government is acutely concerned about significant threats to U.S.-based infrastructure, but organizations can take several steps to prepare for such threats by being proactive and responding promptly to incidents, say attorneys at Vedder.
What Cos. Should Look For As Minn. Plans PFAS Product Ban
As regulators finalize rulemaking for Minnesota's sweeping restrictions on per- and polyfluoroalkyl substances in consumer and commercial products, manufacturers, importers, distributors and retailers should pay attention — especially to how the pathway for essential use exemptions ends up being defined, say attorneys at Alston & Bird.
Employer Tips As Calif. Law Rewrites Retention Pay Rules
California's recent enactment of A.B. 692 disrupts how employers structure sign-on bonuses, retention payments and other incentives tied to continued employment, but employers that adjust their compensation strategies can attract and retain talent while managing their compliance risks, say attorneys at Foley & Lardner.
What FMC's Rejection Of War Surcharges Means For Shipping
The Federal Maritime Commission's rejection of multiple common carriers' requests last month to implement emergency shipping surcharges in response to conflict in the Mideast signals a decisive shift in the agency's regulatory posture toward stronger protections for shippers — with important implications for all supply chain participants, say attorneys at Husch Blackwell.
CFTC Chair's Speech Hints At Innovation-Friendly Policies
Remarks made by Commodity Futures Trading Commission Chair Michael Selig at the Futures Industry Association's conference last month provided the most comprehensive articulation of his regulatory agenda and signaled a shift in the CFTC's regulatory posture, including a rare focus on agency coordination and support for digital asset innovation, say attorneys at Willkie.
Decoding Arbitral Disputes: Tracing Paths To Award Recovery
Recent subpoenas to Adidas and Hilton deployed in Blasket Renewables v. Spain, pending in D.C. federal court, show arbitration award recovery to be a disciplined exercise in constructing visibility, applying pressure and sequencing procedural advantage, says Josep Galvez at 4-5 Gray's Inn Square.
5 Key Questions Attys Should Ask About Statistical Analyses
Even attorneys without a background in statistics can effectively vet the general concepts of a statistical analysis by asking targeted questions and can thereby reinforce the credibility and relevance of expert testimony — or expose its weaknesses, say Katrina Schydlower and Christopher Cunio at Hunton and Kevin Cahill at FTI Consulting.
How CFPB Opinion Changes Earned Wage Access Definition
The Consumer Financial Protection Bureau's recent conclusion that earned wage access is not "credit" for purposes of Regulation Z of the Truth in Lending Act improves on prior guidance on these products in several meaningful ways, say attorneys at K&L Gates.
What To Know About NY's Employment Credit Check Ban
An amendment to the New York state Fair Credit Reporting Act prohibiting applicants' or employees' consumer credit history from being used in employment-related decisions statewide will take effect in a few days, so employers should update policies, train teams and audit positions for narrow exemptions, say attorneys at Reed Smith.
Microplastics On Water Contaminant List Could Spur Claims
The U.S. Environmental Protection Agency's proposal to include microplastics in its draft sixth Contaminant Candidate List under the Safe Drinking Water Act could influence consumer fraud claims and enforcement by state attorneys general, as well as claims against manufacturers from entities facing regulatory compliance costs, says Arie Feltman-Frank at Jenner & Block.
Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from three recent rulings involving allegations of racial discrimination in mortgage applications, health insurance networks and actual cash value losses.
USPTO's AI Search Pilot May Reshape Patent Filing Strategy
The U.S. Patent and Trademark Office's new artificial intelligence search pilot aims to introduce earlier visibility into the prior art landscape, potentially influencing patent filing considerations and shifting the role of counsel to an earlier stage of the prosecution process, say attorneys at Foley & Lardner.
'Made In America' EO May Not Survive Section 230
President Donald Trump's recent executive order to combat fraudulent "Made in America" claims in advertising directs the Federal Trade Commission to deem online marketplaces' failure to verify third-party origin claims as unlawful, but such a rule would likely run into Section 230's publisher immunity doctrine, say attorneys at Blank Rome.
Fraud Enforcement, Sentencing Face Unusual Convergence
The Trump administration’s newly created task force to eliminate fraud and the U.S. Sentencing Commission’s recent proposals to scale back certain elements of the federal sentencing framework seem to point in opposite directions, creating a collision of policy priorities that may reshape how fraud cases are charged, negotiated and sentenced for years to come, says David Tarras at Tarras Defense.
Assessing The Significance Of Australia-EU's Free Trade Deal
The recently concluded Australia-European Union free trade agreement could be a springboard for a more ambitious initiative bringing together the EU and the economies of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, a critical mass capable of shaping norms across subsidies, sustainability disciplines and competition policy, says Alan Yanovich at Akin Gump.
Peptide Policy Is Shifting Toward Sanctioned Compounding
The policy landscape for peptides is undergoing a significant shift under the Trump administration, moving toward a complex system of verified compounding and complementary enforcement that will likely bring peptides firmly back into the sphere of legitimate consumer products, say attorneys at Sheppard.
Gender-Expansive Calif. Equal Pay Laws Widen Employer Risk
California's recent amendments to strengthen its Equal Pay Act and Pay Transparency Act aim to shrink the wage gap, not only for women, but also for nonbinary and transgender employees, creating new compliance obligations for employers and increasing their potential exposure, say attorneys at the Jhaveri-Weeks Firm.
Special Series
My Hobby Makes Me A Better Lawyer
From quilting to clowning to raising miniature livestock, attorneys share how their unusual extracurricular activities enhance professional development.
Judges On AI
Do artificial intelligence tools have any practical judicial applications? In this Expert Analysis series, state and federal judges explore potential use cases for AI in adjudication and beyond.
Opinion
BNP Paribas Case Could Upend Global Banking Norms
If upheld on appeal, a New York federal jury's multimillion-dollar verdict against BNP Paribas would create an unpredictable liability landscape for global financial institutions in which fully lawful services in foreign countries can give rise to civil liability in U.S. courts, in a manner contrary to federal law, say attorneys at White & Case.
CBP's $166B Tariff Refund Portal Needs 4 Safeguards
Before launching its automated web portal to process tariff-refund disbursements on April 20, U.S. Customs and Border Protection should apply the expensive lessons learned from the pandemic-era employee retention credit, says Peter Gariepy at RubinBrown.
Access to Justice Perspectives
DC Circ. Gag Order Rulings Reveal A Digital Privacy Paradox
A pair of rulings from the D.C. Circuit reveal a growing dilemma in digital privacy jurisprudence for investigative targets, technology companies and transparency advocates — even when courts set the bar higher for broad nondisclosure requests, the public may never be allowed to learn why orders get approved, say attorneys at RJO.