Expert Analysis

• Air Ambulance Ruling Severely Undermines No Surprises Act

  

  A Texas federal court's recent decision in Guardian Flight v. Health Care Service — that the No Surprises Act lacks a judicial remedy when a health insurer refuses to pay the amount established through an independent review — likely throws a huge monkey wrench into the elaborate protections the NSA was enacted to provide, says Mark DeBofsky at DeBofsky Law.

• Justices' Removal Ruling Presents Hurdles, But Offers Clarity

  

  The U.S. Supreme Court’s recent decision in Campos-Chaves v. Garland and two other consolidated cases endorses a multistep notice practice that could impair noncitizens' access to adequate judicial notice, but its resolution of a longstanding circuit split also provides much-needed clarity, says Devin Connolly at Reeves Immigration Law Group.

• Tracking Implementation Of IRA Programs As Election Nears

  

  As the Biden administration races to cement key regulations implementing the Inflation Reduction Act, a number of the law's programs and incentives are at risk of delay or repeal if Republicans retake control of Congress, the White House or both — so stakeholders should closely watch ongoing IRA implementation and guidance, say attorneys at Squire Patton.

• Zoning Reform May Alleviate The Affordable Housing Crisis

  

  As America's affordable housing issues continue to worsen, zoning reform efforts can help to provide more affordable homes and mitigate racial and economic segregation, though opposition from residents and in courts could present challenges, say Evan Pritchard and Madeline Williams at Cozen O'Connor.

• Unpacking The Circuit Split Over A Federal Atty Fee Rule

  

  Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

• Justices' 'Blind Mule' Ruling Won't Change Defense Strategy

  

  The U.S. Supreme Court’s decision last week in Diaz v. U.S., holding that expert witnesses can testify broadly about the mental state of “most people” in a group, simply affirms the status quo for the majority of defendants, and is unlikely to change defense counsel’s strategy at trial, says Walter Gonçalves at the Arizona Federal Public Defender's Office.

• Ecuador Ruling Marks Significant Step For Arbitral Certainty

  

  The Constitutional Court of Ecuador's recent holding that a foreign arbitral award did not require homologation before local enforcement is a positive step toward fostering greater certainty in international business dispute resolution in the region, say Luis Perez and Ildefonso Mas at Akerman.

• A Look At Calif. Contract Considerations In Fiji Water Ruling

  

  A California appellate court's recent decision in Carolina Beverage v. Fiji Water, that a party may not seek contractual recovery on the basis of constructive termination, offers a look at contract construction and other considerations on negotiating distribution agreements, says Michael Laszlo at Clark Hill.

• Making Plans For BNPL Consumer Protection Compliance

  

  With an interpretive rule from the Consumer Financial Protection Bureau set to require buy-now, pay-later providers to implement credit card-like consumer safeguards by the end of July, loan providers must solidify their federally compliant customer dispute resolution and disclosure procedures before the newly emboldened bureau's deadline, say attorneys at Steptoe.

• Fla. HOA Reforms Bring Major Wins For Homeowners

  

  A recently signed law brings broad changes for homeowners associations in Florida, alleviating some pressure imposed by overly restrictive rules and potentially setting up litigation surrounding how HOAs enforce their governing documents, says Christopher Miller at Varnum.

• How Congress Is Tackling The US Healthcare Shortage

  

  With healthcare shortages continuing across the U.S. despite industry efforts to improve patient access to care, increased Medicare support for graduate medical education could be a crucial component of the solution, say Sarah Crossan and Miranda Franco at Holland & Knight.

• How Justices' Chevron Ruling May Influence Wind Projects

  

  Parties both for and against the development of East Coast offshore wind development are watching the U.S. Supreme Court closely for its anticipated ruling challenging long-standing principles of agency deference that may subject decision making based on that precedent to upheaval, say attorneys at Robinson & Cole.

• Gov't Contractors Shouldn't Skip Steps In Rush To Adopt AI

  

  Government contractors that may be tempted to deploy artificial intelligence in day-to-day operations like billing and data protection should first take time to consider and address the specific risks that come with using AI tools, say attorneys at Wiley.

• 6 Tips For Maximizing After-Tax Returns In Private M&A Deals

  

  With potential tax legislation likely to spur a surge in private business sales, sellers can make the most of after-tax proceeds with strategies that include price allocation and qualified investment options, say Isaac Grossman and Daniel Studin at Morrison Cohen.

• Opinion

  Why The Patent Eligibility Restoration Act Can Spur Progress

  

  Patent practitioners have long wrestled with the effects of U.S. Supreme Court decisions that have muddied the waters of what can be patented, but the Patent Eligibility Restoration Act can change that, and those not involved with patents on a day-to-day basis can help get this act passed, says John White at Harness IP.