Expert Analysis

• 3 Private Suits Test Influencer Ads As FTC Stays On Sidelines

  

  Three lawsuits filed so far this year illustrate how influencer campaigns are facing growing scrutiny from private plaintiffs, despite the Federal Trade Commission not bringing an influencer marketing enforcement action since revising its endorsement guides to address the topic in 2023, but brands can take concrete steps to reduce the risks, says Gonzalo Mon at Kelley Drye.

• How State Actions Are Reshaping Surveillance Pricing Risk

  

  Amid heightened state enforcement activity and expanding legislative action to curb surveillance pricing concerns related to transparency, fairness and discrimination, businesses should closely examine how consumer data is used in pricing decisions, say attorneys at Steptoe.

• 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

  

  The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

• Series

  Teaching SEC Investigations Makes Me A Better Lawyer

  

  Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

• How High Court Pepsi Case Could Brew TM Strategy Shift

  

  The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

• What New USDA 'Beneficial Owner' Definition Means For Cos.

  

  The U.S. Department of Agriculture's recent pitch to add a new "beneficial owner" definition to its foreign-owned land reporting framework would overhaul how fund managers and joint venture participants report U.S. agricultural land interests, creating diligence risks as companies reassess governance rights and management structure, say attorneys at Arnold & Porter.

• Series

  Judges On AI: Examining Administrative, Organizational Uses

  

  U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

• USDA, Treasury Moves May Widen Agricultural Deal Scrutiny

  

  Two agency actions that identify weaknesses in the government’s foreign investment screening architecture signal a broadening of the Committee on Foreign Investment in the United States’ jurisdiction over agricultural real estate transactions, more demanding beneficial-ownership resolutions and the coming integration of agency disclosure systems, says researcher Robert Green.

• Rhode Island Self-Checkout Law Signals National Trend

  

  Rhode Island's law limiting self-checkout in retail stores is the first of its kind, but state and local lawmakers across the country are considering similar bills — and if enacted, they could create a patchwork of compliance requirements around issues including staffing, signage and restricted merchandise, says Hannah Flint at Hunton.

• Series

  Being A Singer Makes Me A Better Lawyer

  

  Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

• USDA Rule Would Broaden Foreign Co. Reporting Burden

  

  The U.S. Department of Agriculture's recently proposed overhaul of foreign landholder reporting obligations would expand covered agricultural uses, mandate more detailed online disclosures and toughen penalties, so organizations must proactively reassess U.S. land interests and prepare for a more stringent compliance regime, say attorneys at Skadden.

• Preparing For Next Congress With Eye On Investigation Risk

  

  Rod Rosenstein, Brian Whisler and Bruce Linskens at Baker McKenzie offer advice for organizations seeking to build a proactive response plan to potential congressional oversight as the election looms.

• How To Brace For A Potential Democratic Oversight Push

  

  With the possibility of a shift in congressional control after the November midterm elections, companies and their general counsel should prepare now by mapping oversight exposure, reviewing government interactions, preserving records and developing coordinated communications strategies, say attorneys at Hogan Lovells.

• Series

  Being A Magician Makes Me A Better Lawyer

  

  The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

• Opinion

  Shareholder Derivative Litigation Needs A Better Framework

  

  Uncoordinated, multiforum shareholder derivative litigation is a growing issue for corporate defendants that have little to no recourse for organizing and consolidating actions, but several commonsense steps should be utilized to preempt such disputes, say attorneys at Sullivan & Cromwell.