Expert Analysis

• Series

  The Biz Court Digest: How It Works In Massachusetts

  

  Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.

• Viral 'Brewers Karen' Incident Teaches Employers To Act Fast

  

  An attorney who was terminated after a viral video showed her threatening to call U.S. Immigration and Customs Enforcement on an opposing team's fan at a Milwaukee Brewers game underscores why employers must take prompt action when learning of viral incidents involving employees, says Joseph Myers at Mesidor.

• Weighing Risks Of Ambush Marketing Around Sports Events

  

  American brands tempted to insert themselves into conversations around the 2026 World Cup and 2028 Olympic Games, but without the coveted sponsorship, should consider the legal hazards and minimize the risks by avoiding elements that imply an unauthorized commercial association with FIFA or the International Olympic Committee, say attorneys at Debevoise.

• State Child Privacy Laws May Put More Cos. In FTC's Reach

  

  Starting with Texas in January, several new state laws requiring app stores to share user age-related information with developers will likely subject significantly more companies to the Federal Trade Commission’s child privacy rules, altering their compliance obligations, say attorneys at Womble Bond.

• 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.