Expert Analysis

• What To Know As State 'Neural Data' Privacy Laws Emerge

  

  Attorneys at Goodwin discuss new state laws aimed at regulating consumer data generated from nervous system activity, explain why neurotechnology is attracting state and federal legislators’ attention, and highlight the compliance obligations that industry players should address now.

• Calif. Decision Shows Limits Of Self-Serving Testimony

  

  A California appellate court's recent opinion in a dispute between two home renovation partners is a reminder that where there are admissions or undisputed documentary evidence, litigants need more than self-serving testimony to overcome summary judgment, says Tyler Palmer at Tucker Ellis.

• Cos. Face Growing Exposure To Unfair Trade Practice Suits

  

  Claims against companies that were traditionally governed by tort, products liability, nuisance or environmental law are increasingly being brought under state unfair and deceptive practices statutes — and defense practitioners and in-house counsel should note these laws often provide expanded remedies and procedural advantages to plaintiffs, say attorneys at Kean Miller.

• Where The 3 Prediction Market Appellate Rulings Diverge

  

  Although the recent Third, Sixth and Ninth Circuit opinions concerning prediction markets overlap on some issues, they differ on key statutory questions, deepening a circuit split over both the classification of sports event contracts and the scope of federal preemption, says Levi Giovanetto at Sheppard.

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  Calif. Banking Brief: All The Notable Legal Updates In Q3

  

  California's financial regulators spent the third quarter of 2026 focusing on consumer protection enforcement at home while resisting federal efforts to displace state oversight — reinforcing the state's intention to shape the compliance landscape for institutions operating within its borders despite federal deregulatory trends, say attorneys at Ropes & Gray.

• Cos. Must Prep For Changes To Calif. Battery Recycling Law

  

  With important changes to California's Responsible Battery Recycling Act taking effect in January, manufacturers and retailers should review updated format and product definitions and exclusions, determine their new responsibilities, and be prepared to submit new stewardship plans in advance of the deadline, says Thierry Montoya at FBT Gibbons.

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  Mentalism Makes Me A Better Lawyer

  

  Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

• Why And How To Build A Neurodiversity-Informed Practice

  

  By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

• What Insurers Need To Know About 2 New California Laws

  

  California Gov. Gavin Newsom signed two measures last week that while addressing distinct issues — catastrophe claims handling and insurers' corrective actions, respectively — reflect similar themes, including insurers' preparation before problems arise, transparency while they are being addressed, and meaningful remediation afterward, says Lucy Wang at Hinshaw.

• AG Watch: Texas Takes A Lone State Stand Against Tech Cos.

  

  A look at Texas Attorney General Ken Paxton's recent actions against Meta Platforms and Amazon.com illustrates how Texas is distancing itself from multistate coordination, offering practitioners a crucial perspective on navigating individual state actions amid coordinated attorney general litigation, say attorneys at Kelley Drye.

• Upholding Energy Efficiency Rules If DOE Eases Enforcement

  

  Despite recent moves by the Energy Department and Congress to limit energy efficiency enforcement, companies should maintain current efficiency standards and testing procedures lest they risk state or private action, enforcement lookbacks during future administrations, truth-in-advertising complaints and more, say attorneys at HWG.

• New Suits Raise Stakes After 7th Circ. 'Zero Sugar' Ruling

  

  The Seventh Circuit's recent ruling in Franco v. Chobani that "zero sugar" claims on allulose-sweetened products are not preempted has sparked a wave of lawsuits, and companies can no longer assume that federal allulose guidance is a safe harbor, say attorneys at Bradley Arant.

• Meta Smart Glasses Suit Will Test Privacy Law For Bystanders

  

  In a consolidated suit over how Ray-Ban Meta AI smart glasses handle personal video footage, a recently proposed class of unwittingly recorded bystanders highlights questions over whether privacy laws and product disclosures adequately address the risks wearable recording devices pose to nonusers, say attorneys at Barnes & Thornburg.

• DOJ-Agri Stats Settlement Offers Key Benchmarking Lessons

  

  A Minnesota federal court's recent approval of the Agri Stats settlement marks a significant milestone as it's the most granular U.S. Justice Department guidance on permissible competitor benchmarking since the 2023 withdrawal of the safety zone, lending predictability for companies in data-pooling arrangements, say attorneys at Arnold & Porter.

• Calif. AV Notices Reshape Crash Data Preservation, Discovery

  

  California's new autonomous vehicle noncompliance notice process does not decide fault or establish that an AV is unsafe, but it can create a contemporaneous regulatory record and accelerate decisions about what crash-related data must be preserved, reviewed and potentially disclosed in litigation, says attorney Lem Garcia.