Expert Analysis

• FTC Proposal Puts Personalized Pricing On Notice

  

  The Federal Trade Commission’s recent proposed policy statement on undisclosed personalized pricing signals the potential for harm when business practices diverge from consumer expectations, indicating a need to disclose not only data usage, but also how it influences the prices consumers see, says Linda Goldstein at CM Law.

• Mapping The Shifting Landscape Of Algorithmic Pricing Laws

  

  As state legislative activity and federal developments abound in algorithmic pricing practice, companies steering through this regulatory patchwork should consider a number of key issues, including status, use and exemptions, say attorneys at Covington.

• Testing AI's Promise For Large-Scale Document Review

  

  Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

• AI Meeting Recaps Pose New Discovery And Privilege Risks

  

  The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

• FDA Bill Shows Risk Of Inexact Statute Text, Post-Loper Bright

  

  A recent House bill to amend the Food and Drug Administration's drug preclusion framework reveals the increased importance of precision when drafting statutory rules in a post-Loper Bright landscape, as several minor errors in the text could lock in unintended results that will be difficult to repeal, say attorneys at Venable.

• Del. Ruling Tests Limits Of Conflicted-Deal Safe Harbors

  

  In Dodiya v. Franklin, the Delaware Court of Chancery recently decided that new legal protections for corporate transactions involving conflicts of interest did not apply, reminding boards that the Section 144 safe harbors amended last year reward careful management and accurate disclosure of known conflicts, say attorneys at Debevoise.

• An Economic Approach Could Curb Broad Antitrust Classes

  

  A Minnesota federal court's recent certification decision reflects a familiar antitrust pattern of inefficiently broad class certification even when the alleged conspiracy's effect is likely to vary significantly across buyers, but utilizing an economic interpretation of predominance would enhance efficiency by leading to narrower classes, says Sean Durkin at Charles River.

• Series

  Playing Bid Whist Makes Me A Better Lawyer

  

  As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

• Tracking Trends In State-Level Regulatory Enforcement

  

  State-level enforcement now increasingly involves antitrust, artificial intelligence and data privacy issues, and the key for organizations to reducing risk is having the ability to respond across governance, public affairs, discovery and remediation in multiple states simultaneously, say consultants at FTI Consulting.

• Opinion

  Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

  

  California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

• How Bifurcation And Verdict Forms Can Sway Jury Outcomes

  

  The bifurcated trial structure used in a Nevada personal injury case — where the jury recently awarded the plaintiff more than $56 million — highlights a strategic option that litigators often overlook and raises considerations about the potential advantage of carefully assembled verdict forms, says litigation consultant Clint Townson.

• 1 Year And $1B Later, Trade Fraud Remains Key Priority

  

  The Trade Fraud Task Force's success obtaining major settlements in its first year, along with the Justice Department signaling long-term commitment to customs enforcement, shows that importers should plan to make global supply chain oversight a board-level priority for years to come, says Kimberly Paschall at Riley Safer.

• Series

  Law School's Missed Lessons: Cultivating Good Judgment

  

  Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

• FTC Focus: A Shift In The Pricing Disclosure Terrain

  

  Recent state and Federal Trade Commission developments spotlight materially different ways in which personalized pricing might be addressed, which could result in an increasingly fragmented regulatory landscape in which businesses face differing disclosure obligations and substantive restrictions depending upon the jurisdiction, say attorneys at Proskauer.

• Attorneys Using AI May Have Ethical Duty To Redact Docs

  

  The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.