Expert Analysis


Religious Employer Bias Ruling Lands In Unsettled Landscape

Despite the Fourth Circuit's recent ruling in Doe v. Catholic Relief Services that a religious nonprofit violated federal and state antidiscrimination law by terminating health insurance coverage for a nonministerial employee's same-sex spouse, the boundary between religious autonomy and antidiscrimination law remains unsettled for lay employees, say attorneys at Ogletree.


8 Ways To Prep For Calif. Fair Mortgage Lending Exams

California financial institutions face a new fair lending examination framework in January that adds formal reviews for certain banks and makes violating applicable mortgage nondiscrimination laws independently enforceable under California banking statutes, say attorneys at Alston & Bird.


SEC's History Undercuts Its 'Back To Basics' Rationale

The current U.S. Securities and Exchange Commission's enforcement recalibration prioritizing fraud over technical violations has led to a drastic decline in enforcement activity, but the philosophy deviates from decades of enforcement that has always promoted compliance with its prophylactic requirements, says Gerald Hodgkins at Covington.


Data Center Injury Claims Require Broader Investigations

Due to the complexity of data center construction projects, plaintiffs attorneys representing workers injured at such worksites need to look beyond immediate hazards and examine the chain of decisions and constraints that may support an injury claim, say attorneys at Kherkher Garcia.


Decoding Arbitral Disputes: Award Ownership Has Limits

In Operafund v. Spain, the Court of Appeal of England and Wales recently barred a purchaser from replacing the original creditors in enforcement proceedings for an international arbitration award against Spain, underscoring the distinction between acquiring an award’s economic value and the legal entitlement to enforce it, says Josep Galvez at 4-5 Gray’s Inn Square.


Mich., NJ Rulings Show Evolving Law On Diminished Capacity

Recent rulings in New Jersey and Michigan demonstrate that even states recognizing the diminished capacity defense may adopt different rules for litigating it, leaving trial courts to grapple with when and how such evidence may be introduced, says Adam Wright at Wayne State University Law School.


DOJ's Deloitte, Lockheed DEI Deals Stress Whistleblower Role

The U.S. Department of Justice's recent settlements with Deloitte and Lockheed Martin over their diversity, equity and inclusion practices, launched by private whistleblowers, demonstrate to government contractors that federal enforcement can start from within, say attorneys at Hinckley Allen.


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.


What The 11th Circ.'s Qui Tam Ruling Left Unanswered

Although the Eleventh Circuit’s recent ruling in Zafirov v. Florida Medical Associates upheld the False Claims Act’s qui tam provisions under the appointments clause, its narrow reasoning leaves unresolved questions about presidential control over relator litigation that could sustain further constitutional challenges, says Taylor Chenery at Bass Berry.


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.


What To Know About New Proposed Opportunity Zone Regs

The Treasury and IRS recently released proposed regulations for the permanent extension of the opportunity zones program, with key points including revocations of inadvertent qualified opportunity fund self-certifications, voluntary decertifications and expanded reporting requirements, say attorneys at Hogan Lovells.


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.


High Court's H-2A Case Could Reshape Agency Adjudication

The U.S. Supreme Court will hear arguments in a case that concerns whether the U.S. Department of Labor may fine an employer for violating employment conditions in the H-2A visa program, but its eventual decision could chart the course for in-house adjudication across a broad swath of the federal government, say attorneys at Holland & Knight.


How Power Grid Delays Are Reshaping Data Center Deals

Texas' pause on permits while it studies data centers' effect on its electrical grid highlights the nationwide problem of yearslong interconnection delays, where the ways developers, investors and customers bridge that gap — and decide who bears the risk when it widens — increasingly determine whether a deal works, say attorneys at King & Spalding.


Calif. Sex Harassment Cases Clarify Limits On EFAA Waivers

Two recent rulings in California confirm that the plaintiff's knowledge drives waiver analysis under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, underscoring that employers should build a strong evidentiary record and pick their battles, says Ellen Connelly Cohen at Call & Jensen.


Del. Dispatch: No Safe Harbor For Another Conflicted Deal

The Delaware Court of Chancery's recent decision preliminarily enjoining a planned recapitalization of Cloudflare that would preserve the control of the company by its founder-controlling stockholders highlights that Delaware's new safe harbor statute for conflicted transactions doesn't protect founders or independent directors from liability, say attorneys at Fried Frank.


Character.AI Ch. 11 Tests New Model For Preserving AI Value

Character.AI's bankruptcy is charting a path for preserving value in an artificial intelligence business that depends on retaining unfinished technology and the employees who know how to develop it, while accounting for the firm's failure and its consequences for creditors, says Diane Dick at University of Iowa College of Law.


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.



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Opinion


Large Meta Penalties Shouldn't Shape State AG Playbook

Meta Platforms' $17.1 billion settlement in California federal court and two New Mexico verdicts against the company resulting in large penalties are drawing renewed attention to the question of how state attorneys general should calculate civil penalties, but regulators and companies should treat the decisions as outliers, not a template, say attorneys at Troutman.

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.



Access to Justice Perspectives


3 Reforms Are Needed To Surface Hidden Evidence

The overturned murder conviction of Richard Glossip, who will soon be retried, demonstrates why several measures are needed to help protect against due process violations caused by prosecutors withholding evidence, say Marc Levin and Khalil Cumberbatch at Council on Criminal Justice.