Expert Analysis


10 Practical Takeaways From FDA's Biopharma AI Guidance

Recent guidance from the U.S. Food and Drug Administration provides much-needed insight on the usage of artificial intelligence in producing information to support regulatory decision-making regarding drug safety, with implications ranging from life cycle maintenance to AI tool acquisition, say attorneys at Covington.


The New Playbook For Managing Athlete-Controlled IP

Comparing Luka Dončić's and Lebron James' approaches to establishing and managing their brands highlights a shift toward athlete-controlled IP and some lessons on how players and teams can collaborate to capitalize on athletes' star power, say attorneys at Debevoise.


Making The Opportunity Zones Program Great At Last

As the opportunity zone program approaches its expiration, the Republican-led government could take specific steps to extend and improve the program, address its structural flaws, encourage broader participation and enable it to live up to its promised outcomes, say attorneys at Pillsbury.


Employer Tips To Navigate Cultural Flashpoints Investigations

As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.


What Rodney Hood's OCC Stint Could Mean For Banking

Acting Comptroller of the Currency Rodney Hood's time at the helm of the OCC, while temporary, is likely to feature clarity for financial institutions navigating regulations, the development of fintech innovation, and clearer expectations for counsel advising on related matters, say attorneys at Vedder Price.


Perspectives

The Growing Role Of Wearable Health Tech In Criminal Probes

The use of data from health-tracking devices such as Fitbits and Apple Watches as criminal evidence raises significant constitutional and reliability concerns, and practice tips for defense counsel include questioning the direct correlation between aberrant data and criminal behavior, say attorneys at Barclay Damon.


4 Actions For Cos. As SEC Rebrands Cyber Enforcement Units

As the U.S. Securities and Exchange Commission signals its changing enforcement priorities by retooling a Biden-era crypto-asset and cybersecurity enforcement unit into a task force against artificial-intelligence-powered hacks and online investing fraud, financial institutions and technology companies should adapt by considering four key points, say attorneys at Troutman.


Class Actions At The Circuit Courts: March Lessons

In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.


High Court Water Permit Ruling Lacks Specificity

The enforcement impact of the U.S. Supreme Court’s recent decision in San Francisco v. U.S. Environmental Protection Agency may not be significant, because while the ruling makes clear that certain water permit provisions must instruct permittees on how to achieve stated goals, it doesn’t clarify the level of necessary instruction, says Daniel Deeb at ArentFox Schiff.


Perspectives

10 Years After Obergefell, Dignity Rights Hang In The Balance

A decade after the U.S. Supreme Court’s ruling in Obergefell v. Hodges, it's clear that the right to equal dignity remains a selectively granted privilege, a stratification that must change with a shift in American legal practice, says Iván Espinoza-Madrigal at Lawyers for Civil Rights.


What To Know About NAIC's Risk-Based Capital Task Force

Attorneys at Debevoise outline key details of the Risk-Based Capital Model Governance Task Force, which was recently launched by the National Association of Insurance Commissioners, including the task force's objectives, and potential implications for insurers and their investment strategies.


A Path Forward For Employers, Regardless Of DEI Stance

Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.


Deportation Flights May End Up A Legal And Strategic Error

Officials in the Trump administration could face criminal contempt charges if a D.C. judge finds that they flouted his orders last weekend to halt deportation flights to El Salvador, which could ultimately make mass deportations more difficult — and proving noncompliance a self-defeating strategy, says Ethan Greenberg at Anderson Kill.


Mitigating The Risk Of Interacting With A Designated Cartel

There are steps companies doing business in Latin America should take to mitigate risks associated with the Trump administration's designation of several cartels as foreign terrorist organizations and the terrorism statute's material-support provisions, which may render seemingly legitimate transactions criminal, say attorneys at Covington.


The PFAS Causation Question Is Far From Settled

In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.


The Central Issues Facing Fed. Circ. In Patent Damages Case

The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.


How Health Cos. Can Navigate Data Security Regulation Limbo

Despite the Trump administration's freeze on proposed updates to the Health Insurance Portability and Accountability Act security rule, there are critical cybersecurity steps healthcare organizations can take now without clear federal guidance, says William Li at Axiom.


Preparing For Tariffs On Canadian Power In The Northeast

The on-again, off-again risk of import and export tariffs on energy transactions between the U.S. and Canada may have repercussions for U.S. energy stakeholders in the ISO New England and New York Independent System Operator electricity markets — but there are options that could help reduce cost impacts, say attorneys at Husch Blackwell.


How Calif.'s Wildfire Insurance Crisis Might Affect Texas

Attorneys at Munsch Hardt examine the implications of California's wildfire insurance crisis for Texas, including potential shifts in coverage availability, regulatory differences and how the insurers in the second-largest U.S. state may react to a major wildfire event.


New SEC Guidance May Change How Investors, Cos. Talk

The U.S. Securities and Exchange Commission's recent updates to the Schedules 13D and G compliance and disclosure interpretations may mean large institutional investors substantially curtail the feedback they provide companies about their voting intentions in connection with shareholder meetings, which could result in negative voting outcomes for companies, say attorneys at Cleary.



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In this Expert Analysis series, attorneys share how their unusual extracurricular activities enhance professional development, providing insights and pointers that translate to the office, courtroom and beyond.




After Chevron

Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.




Opinion


We Must Allow Judges To Use Their Independent Judgment

As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

Upholding Tribal Sovereignty Benefits US And Indian Country

The Trump administration's broad moves to end diversity, equity and inclusion programs are negatively affecting many tribal programs, but supporting tribal sovereignty would serve the federal government's deregulatory goals and ensure that tribes have the resources they need, says Ellen Grover at BB&K.



Access to Justice Perspectives


The Growing Role Of Wearable Health Tech In Criminal Probes

The use of data from health-tracking devices such as Fitbits and Apple Watches as criminal evidence raises significant constitutional and reliability concerns, and practice tips for defense counsel include questioning the direct correlation between aberrant data and criminal behavior, say attorneys at Barclay Damon.





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