Expert Analysis


Learning From COVID-19 Enforcement Against Nursing Homes

Five years after the COVID-19 outbreak caused a high number of deaths in nursing homes, an examination of enforcement actions against nursing homes in New York and elsewhere in the country highlights obstacles that may arise when bringing cases of this type, and ways to overcome them, says Kenneth Levine at Stone & Magnanini.


5 Key Issues For Multinational Cos. Mulling Return To Office

As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.


Reviving A Dormant Criminal Statute In Antitrust Prosecution

The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.


Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale

The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.


End May Be In Sight For Small Biz Set-Aside Programs

A Jan. 21 executive order largely disarming the Office of Federal Contract Compliance Programs, along with recent court rulings, suggests that the administration may soon attempt to eliminate set-asides intended to level the award playing field for small business contractors that qualify under socioeconomic programs, say attorneys at Alston & Bird.


Traversing The Shifting Sands Of ESG Reporting Compliance

Multinational corporations have increasingly found themselves between a rock and a hard place attempting to comply with EU and California ESG requirements while not running afoul of expanding U.S. anti-ESG regimes, but focusing on what is material to shareholder value and establishing strong governance can help, say attorneys at MoFo.


An Unrestrained, Bright-Eyed View Of Legal AI's Future

Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.


Ban On Reputation Risk May Help Bank Enforcement Defense

The Comptroller of the Currency and Federal Deposit Insurance Corp.’s recent commitment to stop examining banks for reputation risk could help defendants in enforcement actions challenge unfavorable assessments and support defendants' arguments for lower civil money penalties, says Brendan Clegg at Luse Gorman.


Tracking The Evolution In Litigation Finance

Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.


Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools

Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.


Keys To Regulatory Diligence In Life Sciences Transactions

Conducting effective regulatory due diligence for life sciences deals requires careful review of a target company's activities, and separate sets of considerations for commercial and pipeline products, says Anna Zhao at GunnerCooke.


How Courts Weigh Section 1782 Discovery For UPC Cases

A look at cases from six different federal district courts reveals a number of discretionary factors that influence how courts consider Section 1782 discovery applications in connection with Unified Patent Court proceedings, say attorneys at Finnegan.


How Plan Sponsors Can Mitigate Risk In PBM Contracts

A recent lawsuit in New York federal court alleges that JPMorgan caused exorbitant prescription costs by mishandling the pharmacy benefit manager arrangement, adding to a growing body of Employee Retirement Income Security Act fiduciary breach litigation and affirming that fiduciaries must proactively manage their healthcare plan vendors, say attorneys at Hall Benefits Law.


Lessons From Pa. Wiretapping Class Action Dismissal

A recent wiretapping class action in Pennsylvania federal court resulting in the dispositive dismissal of the action provides key insights on how online notice and consent can be leveraged to directly address and mitigate legal risks and class action liability exposure, say attorneys at Baker Donelson.


Assessing Market Manipulation Claims In Energy Markets

Today's energy markets are conducive to sudden price changes, breakdowns in pricing linkages and substantial shifts in trading patterns, so it's necessary to take a holistic view when evaluating allegations of market manipulation, say Maximilian Bredendiek, Greg Leonard and Manuel Vasconcelos at Cornerstone Research.


How Int'l Arbitration Could Factor In Tariff Dispute Resolution

As tariffs complicate international business contracts, the robust legal infrastructure supporting international arbitration can provide a more solid base for recovery of rewards than foreign court judgments, say attorneys at Foley & Lardner.


How Calif., NY Could Fill Consumer Finance Regulatory Void

California and New York have historically taken the lead in consumer financial protection, and both show signs of becoming even more active in this area during the second Trump administration amid an enforcement pullback at the federal level, say attorneys at Sidley.


Series

Volunteer Firefighting Makes Me A Better Lawyer

While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.


Tax Takeaways From Georgia's 2025 Legislative Session

Attorneys at Eversheds Sutherland discuss tax-related measures passed by the Georgia Legislature during the session that adjourned on April 4, which included a decrease in income tax rates, an extension of the time in which to a protest tax assessment and cleanup provisions related to launching the state’s new tax court next year.


Unpacking FTC's New Stance On Standard-Essential Patents

Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.



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Special Series


My Hobby Makes Me A Better Lawyer

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.




Adapting To Private Practice

In this Expert Analysis series, attorneys who have made the move from government work to private practice in the last few years reflect on how they transitioned to law firm life, and discuss tips for others.




Opinion


Asbestos Trusts' Records Purge Threatens Claims Process

Recent announcements by 11 asbestos bankruptcy trusts that they plan to destroy legacy data and documents related to resolved claims risks further damage to the integrity of a compensation system long marked by a lack of oversight and transparency, says Peter Kelso at Roux.

In Vape Case, Justices Must Focus On Agencies' Results

With the U.S. Supreme Court's ruling in U.S. Food and Drug Administration v. Wages and White Lion Investments having put off the question of whether agency decisions arrived at erroneously are always invalid, the court should give the results of agency actions more weight than the reasoning behind them when it revisits this case, says Jonathan Sheffield at Loyola University Chicago School of Law.



Access to Justice Perspectives


Court-Involved Supervised Release Shows Promising Results

With questions about supervised release currently before the U.S. Supreme Court, the whole of our criminal justice system should look to a successful court-involved supervised release model created by U.S. District Judge Richard Berman, which provides a blueprint for improving reintegration outcomes post-incarceration, say Carrie Cohen and Savanna Leak at MoFo, and Marjorie Berman at Krantz & Berman.





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