Expert Analysis

• Biosolid Contaminants Spawn Litigation, Regulation Risks

  

  While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.

• Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

  

  The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

• Opinion

  Aviation Watch: Liability Lessons From 737 Max Blowout

  

  The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.

• Series

  Quilting Makes Me A Better Lawyer

  

  Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

• What 2 Profs Noticed As Transactional Law Students Used AI

  

  After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

• Rebuttal

  BigLaw Settlements Should Not Spur Ethics Deregulation

  

  A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

• 9th Circ. Leaves Scope Of CIPA Applicability Unclear

  

  Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.

• 5 Ways Lawyers Can Earn Back The Public's Trust

  

  Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

• Class Actions At The Circuit Courts: August Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.

• Notable Q2 Updates In Insurance Class Actions

  

  Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.

• Series

  Hiking Makes Me A Better Lawyer

  

  On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.

• Series

  Law School's Missed Lessons: Negotiation Skills

  

  I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.

• Opinion

  Bar Exam Reform Must Expand Beyond A Single Updated Test

  

  Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.

• How States Are Regulating Health Insurers' AI Usage

  

  The absence of a federal artificial intelligence framework positions states as key regulators of health insurers’ AI use, making it important for payors and service providers to understand the range of state AI legislation being passed in California and elsewhere, and consider implementing an AI-focused compliance infrastructure, say attorneys at Ropes & Gray.

• Location Data And Online Tracking Trends To Watch

  

  Regulators and class action plaintiffs are increasingly targeting companies' use of online tracking technologies and geolocation data in both privacy enforcement and litigation, so organizations should view compliance as a dynamic, cross-functional responsibility as scrutiny becomes increasingly aggressive and multifaceted, say attorneys at Arnold & Porter.