Expert Analysis

• '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.

• CFTC Actions Show Prediction Market Insider Trading Risks

  

  It is a myth that insider trading law does not apply in prediction markets, as the U.S. Commodity Futures Trading Commission's recent enforcement actions illustrate that it has full authority to pursue such cases federally — and intends to, says attorney Gregg Goldfarb.

• Opinion

  State Bars Need To Get Specific About AI Confidentiality

  

  Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

• Human Authorship Is Still Central To Copyright Eligibility

  

  In declining to review the D.C. Circuit's ruling in Thaler v. Perlmutter — holding that a work purely generated by artificial intelligence cannot be copyrighted — the U.S. Supreme Court has reinforced the human authorship requirement, so it is critical for creators of AI-assisted projects to document their involvement, say attorneys at Morgan Lewis.

• Series

  Alpine Skiing Makes Me A Better Lawyer

  

  Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

• Weighing The Practical Implications Of SC Kids' Privacy Law

  

  South Carolina's recently enacted Age-Appropriate Code Design Act includes a unique provision: a private right of action for certain violations, but its practical effect remains uncertain, as courts and litigants grapple with complex questions of standing, causation and the definition of actionable harm, say attorneys at K&L Gates.

• NY Tax Talk: Calculating Tiered Partnership Income

  

  Attorneys at Eversheds Sutherland discuss how the potential impact recent New York City Tax Appeals Tribunal decision in Matter of Cantor Fitzgerald holding that the entity approach should be used by tiered partnerships to compute unincorporated business tax liability, why the issue of the proper approach remains unsettled and the broader implications for federal conformity and administrative agency deference.

• Justices' Geofence Ruling May Test 4th Amendment's Future

  

  When the U.S. Supreme Court decides in Chatrie v. U.S. whether law enforcement may use geofence warrants to compel Google to disclose location history data, the ruling is likely to become an important statement about the future of Fourth Amendment law in data-driven investigations, says Duncan Levin at Levin & Associates.

• Legal Theories In Social Media Verdicts Hold Clues On Impact

  

  Although the two verdicts in cases in New Mexico and California involving Meta and Google are being lumped together, they rest on fundamentally different legal theories, and that distinction determines how their effects may be felt in other jurisdictions, says Mark Morgan at Day Pitney.

• What A Court Doc Audit Reveals About Erroneous Filings

  

  My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

• Exploring When Fraud Asset Freezes Limit Right To Pick Atty

  

  The defendant’s claim in the Seventh Circuit’s pending U.S. v. Shah case that the government restrained his assets until he couldn’t afford his chosen counsel presents a useful case study in how criminal forfeiture procedure interacts with U.S. Supreme Court rulings on Sixth Amendment rights and appealing complex fraud convictions, says Elisha Kobre at Sheppard.

• How Cos. Can Prepare For 'Made In America' Ad Scrutiny

  

  The Trump administration's executive order to combat fraudulent "Made in America" claims in consumer-facing advertising, along with actions by the Federal Trade Commission, suggest a potential increased focus on consumer protection and pricing-related matters, say attorneys at Skadden.

• FDA's Crackdown On Drug Ads Conflicts With Precedent

  

  Recent U.S. Food and Drug Administration warning letters to drug manufacturers targeting direct-to-consumer advertising raise significant constitutional concerns, and directly clash with prior FDA stances, say attorneys at Sidley.

• Pension Case Offers Entertainment Work Exception Insights

  

  A recent Ninth Circuit decision clarified that any amount of entertainment work can satisfy the entertainment industry exception under the Multiemployer Pension Plan Amendments Act, reinforcing that statutory language, rather than evolving business models, dictates withdrawal liability outcomes, say attorneys at Seyfarth.

• Unpacking FCC's Proposed Rules For Offshore Call Centers

  

  The Federal Communications Commission recently proposed rules that would restrict the use of offshore customer service operations, citing consumer frustration, data security risks and fraud as core reasons for the sweeping regulatory move, say attorneys at Eversheds Sutherland.