Expert Analysis

• Why Appellees Should Write Their Answering Brief First

  

  Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.

• Game Not Over: Player Redshirt Suits Keep NCAA On Defense

  

  A class action recently filed in Tennessee federal court highlights a trend of student-athlete challenges to the NCAA's four seasons eligibility rule following the historic House settlement in June, which altered revenue-sharing and players' name, image and likeness rights, say attorneys at BakerHostetler.

• 2nd Circ. Peloton Ruling Emphasizes Disclosure Context

  

  The Second Circuit’s recent decision to revive shareholders’ suit alleging that Peloton made materially misleading statements makes clear that public companies must continually review risk disclosures to determine if previous hypotheticals have materialized, say attorneys at Baker Botts.

• Series

  Mindfulness Meditation Makes Me A Better Lawyer

  

  Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.

• $233M Disney Deal Shows Gravity Of Local Law Adherence

  

  A California state court recently approved a $233 million settlement for thousands of Disneyland workers who were denied the minimum wage required by a city-level statute, demonstrating that local ordinances can transform historic tax or bond arrangements into wage law triggers, says Meredith Bobber Strauss at Michelman & Robinson.

• AI Litigation Tools Can Enhance Case Assessment, Strategy

  

  Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.

• How '24 Statements Show FTC's Direction On Political Speech

  

  Two top Federal Trade Commission officials made concurring statements in 2024 that detailed a potential push to protect political speech, which have served as a preview of the commission's potential new focus on investigating social media and financial services firms to secure changes in those companies' internal business practices, says Benjamin Goldman at Montgomery McCracken.

• Attys Beware: Generative AI Can Also Hallucinate Metadata

  

  In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.

• Navigating Int'l Laws To Protect Children In The Digital World

  

  The European Commission’s recent request to online platforms for information on their measures to protect minors using their services is part of an intensifying focus on safeguarding children, and with an ever-growing worldwide maze of regulations, digital businesses should conduct a holistic assessment to minimize risks, says Anna Morgan at Bird & Bird.

• When Atty Ethics Violations Give Rise To Causes Of Action

  

  Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.

• Privacy Lessons From FTC Settlement With Chinese Toymaker

  

  In U.S. v. Apitor Technology, the Federal Trade Commission recently settled with a Chinese toy manufacturer that shared children's physical location with a third-party app provider, but the privacy lessons from the settlement extend beyond companies focusing on children's products, say attorneys at Sheppard Mullin.

• TikTok Divestiture Deal Revolves Around IP Considerations

  

  The divestiture deal between the U.S. and China to resolve a security dispute over TikTok's U.S. operations is seen as a diplomatic breakthrough, but its success hinges on the treatment of intellectual property and may set a precedent in the global contest over digital sovereignty and IP control, say attorneys at Brownstein Hyatt.

• Insurer Investigation Lessons From 'The Real Housewives'

  

  The recent indictment of "Real Housewives of Potomac" stars Wendy and Edward Osefo on charges of insurance fraud serves as a cautionary tale for commercial policyholders about the tools insurers may use to investigate a suspicious or large insurance claim, and offers lessons on recordkeeping and cooperation, say attorneys at Hunton.

• Lessons From Del. Chancery Court's New Activision Decision

  

  The Delaware Court of Chancery's recent decision in AP-Fonden v. Activision Blizzard, declining to dismiss certain fiduciary duty claims at the pleading stage, offers takeaways for boards considering a sale, including the importance of playing an active role in the merger process and documenting key board materials, say attorneys at Cleary.

• Opinion

  Courts Must Continue Protecting Plaintiffs In Mass Arbitration

  

  In recent years, many companies have imposed onerous protocols that function to frustrate plaintiffs' ability to seek justice through mass arbitration, but a series of welcome court decisions in recent months indicate that the pendulum might be swinging back toward plaintiffs, say Raphael Janove and Sasha Jones at Janove Law.