Expert Analysis

• Boeing Opinion Strikes Blow Against Overpayment Theory

  

  The Fifth Circuit's decision in Earl v. Boeing Co. casts doubt on consumers' standing to bring claims of overpayment for products later revealed to have defects — and suggests that it's more likely that those products would have been removed from the market, driving up the price of alternatives, say attorneys at Bush Seyferth.

• Tips For Litigating Against Pro Se Parties In Complex Disputes

  

  Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

• Compliance Primer: Foreign Investment In US Real Property

  

  The rise in foreign investment in U.S. real property, especially agricultural land, has led to increased national security concerns, meaning it’s important to understand reporting requirements under the Agricultural Foreign Investment Disclosure Act and state-level statutes, and to monitor legislative proposals that could create more stringent reporting and review processes, say attorneys at K&L Gates.

• New Initiatives Will Advance Corporate Biodiversity Reporting

  

  Two important recent developments — the launch of the Taskforce on Nature-related Financial Disclosures' framework on nature and biodiversity reporting, and Nature Action 100's announcement of the 100 companies it plans to engage on biodiversity issues — will help bring biodiversity disclosures into the mainstream, say David Woodcock and Maria Banda at Gibson Dunn.

• Class Action Defense: Don't Give Up On Bristol-Myers Squibb

  

  Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.

• Pro Bono Work Is Powerful Self-Help For Attorneys

  

  Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

• High Court Bakery Driver Case Could Limit Worker Arbitration

  

  Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

• State Regs Sow Discord Between Cannabis, Hemp Industries

  

  Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.

• Series

  Playing In A Rock Cover Band Makes Me A Better Lawyer

  

  Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

• How Cos. Can Prioritize Accessibility Amid Increase In Suits

  

  The U.S. Department of Justice's notice of proposed rulemaking on digital accessibility and recent legal proceedings regarding tester plaintiff standing in accessibility cases show websites and mobile apps are a growing focus, so businesses must proactively ensure digital content complies with the Americans with Disabilities Act, say attorneys at Hinckley Allen.

• Series

  The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

  

  The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

• Lessons On Arbitration Carveouts From Diddy-Diageo Suit

  

  After Sean "Diddy" Combs brought a racial discrimination suit in New York state court against Diageo, the company has been unable to compel arbitration under its distribution agreement with Combs, underscoring the importance of narrowly tailoring arbitration carveouts for injunctive relief, says Rosanne Felicello at Felicello Law.

• Calif. GHG Disclosure Law Will Affect Companies Worldwide

  

  California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.

• NY Rulings Show Tough Odds For 'Made With' Class Actions

  

  Two recent dismissals of proposed class actions — over alleged misrepresentations of food product ingredients — in New York federal courts suggest a growing skepticism of challenges to "made with"-type claims, but companies that decide to make such claims should still consider options to mitigate litigation risk, say Ashley Simonsen and Kaixin Fan at Covington.

• Practice Tips To Help Keep Patent Reissuance Options Open

  

  The Federal Circuit's recent denial of Float'N'Grill's reissue application for a floating grill patent shows that certain best practices, including a clear description of alternative structures and a patentability search, allow for a possible widening of a future patent's scope in a broadening reissue, say attorneys at BCLP.