Expert Analysis

• Industry On The Rocks: 5 Options For Distressed Alcohol Cos.

  

  As the U.S. alcohol industry, long regarded as recession-resistant and reliably profitable, confronts an unprecedented convergence of headwinds, producers, distributors and retailers must assess their financial position and explore the range of available options, including out-of-court restructuring, bankruptcy protection and strategic transactions, say attorneys at Adams & Reese.

• Tariffs Could Be Behind Surge In FTZ Production Filings

  

  As tariffs reshape production sourcing decisions, manufacturers are seeking foreign trade zone production authority at more than twice last year's pace, making it important to consider the potential duty and export benefits, along with review delays and restrictions that can curb savings, say attorneys at Sidley.

• 2nd Circ. Eases Employer Defense Of Dress Code Rules

  

  The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.

• Transfer Pricing Analyses May Apply To Tariff Refunds Claims

  

  Both plaintiffs and defendants in consumer class actions over tariff refunds should examine transfer pricing analyses, which can offer contemporaneous evidence as to how much of a tariff was borne in the U.S. by the importer or consumers rather than absorbed earlier in the supply chain, say economists at The Brattle Group.

• Importer Risk Rises As AI Enters Trade Fraud Enforcement

  

  The Trump administration's new data-driven and artificial intelligence-enabled push against tariff evasion raises the stakes for companies with global supply chains, making it crucial that they consider strengthening response protocols, documentation and internal reporting mechanisms, say attorneys at Cooley.

• TTAB Tribal Immunity Ruling Alters TM Strategy Risks

  

  Following the Trademark Trial and Appeal Board's recent holding in Philip Morris v. IP Services International that tribal sovereign immunity does not bar trademark cancellation proceedings, tribes involved in trademark licensing, partnerships or acquisitions should weigh federal registration protections against exposure to full TTAB scrutiny, says Chante Westmoreland at Sheppard.

• Parsing The Latest Signals On FTC Section 5 Enforcement

  

  Federal Trade Commission cases brought over the last several years and Commissioner Mark Meador’s recent call for stand-alone Section 5 enforcement suggest businesses should prepare for continued scrutiny of conduct beyond traditional antitrust violations, particularly in essential goods, technology and labor markets, say attorneys at Axinn.

• Terminix Deal Shows Risks Of Calif. Aggregating Local Lapses

  

  California district attorneys’ novel use of an unfair competition law to merge unrelated local enforcement matters against pest control providers Rentokil and Terminix into one recently settled statewide case demonstrates that lack of adequate communication between facilities and corporate compliance managers may cause isolated regulatory violations to snowball into larger challenges, say attorneys at Kazmarek Mowrey.

• What Lawyers Should Know Before Accepting Crypto Payment

  

  As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

• Fighting Class Cert. In Wash. False Email Promo Cases

  

  Retailers facing a recent wave of class actions alleging their email promotions violated the Washington Commercial Electronic Mail Act may be able to demonstrate that sending individualized, customer-specific messages produced experiences too diverse to be adjudicated on a classwide basis, say attorneys at Benesch.

• Cos. Face Growing Exposure To Unfair Trade Practice Suits

  

  Claims against companies that were traditionally governed by tort, products liability, nuisance or environmental law are increasingly being brought under state unfair and deceptive practices statutes — and defense practitioners and in-house counsel should note these laws often provide expanded remedies and procedural advantages to plaintiffs, say attorneys at Kean Miller.

• IDScan Data Breach Puts Spotlight On Vendor Oversight

  

  A recently reported breach that exposed millions of identification documents held by IDScan.net highlights the liability risks for businesses that contract with third-party identity processors, and emphasizes the importance of auditing vendors' data retention practices, say attorneys at Tucker Ellis.

• Cos. Must Prep For Changes To Calif. Battery Recycling Law

  

  With important changes to California's Responsible Battery Recycling Act taking effect in January, manufacturers and retailers should review updated format and product definitions and exclusions, determine their new responsibilities, and be prepared to submit new stewardship plans in advance of the deadline, says Thierry Montoya at FBT Gibbons.

• Series

  Mentalism Makes Me A Better Lawyer

  

  Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

• Why And How To Build A Neurodiversity-Informed Practice

  

  By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.