Expert Analysis

• Opinion

  Expert Reports Can't Replace Facts In Securities Fraud Cases

  

  The Ninth Circuit's 2023 decision in Nvidia v. Ohman Fonder — and the U.S. Supreme Court's punt on the case in 2024 — could invite the meritless securities litigation the Private Securities Litigation Reform Act was designed to prevent by substituting expert opinions for facts to substantiate complaint assertions, say attorneys at A&O Shearman.

• Opinion

  High Court, Not A Single Justice, Should Decide On Recusal

  

  As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

• Series

  Traveling Solo Makes Me A Better Lawyer

  

  Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.

• NY Zelle Suit Highlights Fraud Risks Of Electronic Payments

  

  The New York attorney general's recent action against Zelle's parent company, filed several months after the Consumer Financial Protection Bureau abandoned a similar suit, demonstrates the fraud risks that electronic payment platforms can present and the need for providers to carefully balance accessibility and consumer protection, say attorneys at Weiner Brodsky.

• Series

  Law School's Missed Lessons: Client Service

  

  Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.

• Bid Protest Spotlight: Documentation, Overrides, Eligibility

  

  Recent decisions by the U.S. Court of Federal Claims and the U.S. Government Accountability Office illustrate the importance of contemporaneous documentation in proposal evaluations, the standards for an agency’s override of a Competition in Contracting Act stay, and the regulatory requirements for small business joint ventures, says Cody Fisher at MoFo.

• A Primer For Lenders On NY's New Mortgage Disclosure Regs

  

  A recent New York regulation requiring licensed lenders and mortgage bankers to distribute a significant new disclosure pamphlet, essentially a borrower bill of rights, to applicants serves as a reminder to the industry to follow existing best practices, says Scott Samlin at Blank Rome.

• Enter The Wu-Tang Ruling That May Change Trade Secret Law

  

  A New York federal court's recent holding that a Wu-Tang Clan album qualifies as a trade secret provides the first federal framework for analyzing trade secret claims involving assets valued primarily for exclusivity, potentially reshaping Defend Trade Secrets Act jurisprudence for the digital economy, says Jason Bradford at Jenner & Block.

• How Financial Cos. Can Prep As NYDFS Cyber Changes Loom

  

  Financial institutions supervised by the New York State Department of Financial Services can prepare for two critical cybersecurity requirements relating to multifactor authentication and asset inventories, effective Nov. 1, by conducting gap analyses and allocating resources to high-risk assets, among other steps, say attorneys at Pillsbury.

• Series

  Adapting To Private Practice: 3 Tips On Finding The Right Job

  

  After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.

• Breaking Down The Intersection Of Right-Of-Publicity Law, AI

  

  Jillian Taylor at Blank Rome examines how existing right-of-publicity law governs artificial intelligence-generated voice-overs, deepfakes and deadbots; highlights a recent New York federal court ruling involving AI-generated voice clones; and offers practical guardrails for using AI without violating the right of publicity.

• Series

  Painting Makes Me A Better Lawyer

  

  Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.

• NY AML Rules Get Crypto Rebrand: What It Means For Banks

  

  A recent letter from the New York State Department of Financial Services outlining how banks can use blockchain analytics in anti-money laundering efforts is a reminder that crypto activity is not exempted from banks' role in keeping the financial system safe, says Katherine Lemire at Lankler Siffert.

• 3 Trends From AI-Related Securities Class Action Dismissals

  

  A review of recently dismissed securities class actions centering on artificial intelligence highlights courts' scrutiny of statements about AI's capabilities and independence, and sustained focus on issues that aren't AI-specific, say attorneys at Alston & Bird.

• 5 Evolving Marketing Risks That Finance Cos. Should Watch

  

  Financial services providers should beware several areas where consumer protection regulators are broadening their scrutiny of modern marketing practices, such as the use of influencer testimonials or advertisements touting artificial intelligence-powered products, so they can better adapt to changing expectations for compliance, say attorneys at Hinshaw.