Expert Analysis

• Class Actions At The Circuit Courts: February Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.

• What To Expect From The New FCC Chair

  

  As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.

• 4 Do's And Don'ts For Trial Lawyers Using Generative AI

  

  Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.

• Defense Strategies For Politically Charged Prosecutions

  

  Politically charged prosecutions have captured the headlines in recent years, providing lessons for defense counsel on how to navigate the distinct challenges, and seize the unique opportunities, such cases present, says Kenneth Notter at MoloLamken.

• Series

  Competitive Weightlifting Makes Me A Better Lawyer

  

  The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.

• 11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference

  

  The U.S. Court of Appeals for the Eleventh Circuit recently came to the rescue of the lead generation industry, striking down new regulations that were set to go into effect on Jan. 27, a decision consistent with federal courts' recent willingness to review administrative decisions, say attorneys at Troutman.

• The Pros And Cons Of A 2nd Trump Term For UK Tech Sector

  

  While U.S. President Donald Trump’s protectionist stance on trade could disrupt global supply chains on which many U.K. tech firms are reliant, anticipated deregulation could provide fertile ground for investment and growth, and the U.K. tech sector is bracing for a mix of opportunities, say lawyers at Shoosmiths.

• Employer Tips For Wise Use Of Workers' Biometrics And Tech

  Excerpt from Practical Guidance

  

  Employers that collect employee biometric data and operate bring-your-own-device policies, which respectively offer better corporate security and more flexibility for workers, should prioritize certain best practices to protect the privacy and rights of employees and safeguard sensitive internal information, says Douglas Yang at Sheppard Mullin.

• Expect To Feel Aftershocks Of Chopra's CFPB Shake-Up

  

  Publications released by Consumer Financial Protection Bureau personnel in the last days of the Biden administration outline former Director Rohit Chopra's long-term vision for aggressive state-level enforcement of federal consumer financial laws, opening the doors for states to launch investigations and pursue actions, say attorneys at Hudson Cook.

• Opinion

  Inconsistent Injury-In-Fact Rules Hinder Federal Practice

  

  A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

• How Trump Orders Roll Back Energy Efficiency Mandates

  

  President Donald Trump's first-day executive orders — including a freeze on administrative rules, an order to withdraw the U.S. from the Paris Agreement, and a directive to broaden consumers' appliance choices — have shifted federal policy on energy efficiency, and bring new considerations for companies engaging with the U.S. Department of Energy, say attorneys at HWG.

• What Financial Intermediaries Can Expect From New Admin

  

  Understanding the current regulatory landscape of consumer financial services — and anticipating how it might evolve under Trump 2.0 — is essential for brokers, lead generators and digital platforms, and they should consider strategies for managing regulatory uncertainty, say attorneys at Sheppard Mullin.

• Expect Continued Antitrust Enforcement In Procurement

  

  The scope of federal antitrust enforcement under the second Trump administration remains uncertain, but the Procurement Collusion Strike Force, which collaborates with federal and state agencies to enforce antitrust laws in the government procurement space, is likely to remain active — so contractors must stay vigilant, say attorneys at Ballard Spahr.

• In-House Counsel Pointers For Preserving Atty-Client Privilege

  

  Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

• What Banks Need To Know About Trump's Executive Orders

  

  While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.