Expert Analysis

• 11 Noteworthy CFPB Developments From 2023

  

  Under Rohit Chopra’s leadership, 2023 was an industrious year for the Consumer Financial Protection Bureau, with developments including the release of the proposed personal financial data rights rule, publication of proposed rules involving public registries for nonbanks and the bureau's continuous battle against junk fees, all of which are sure to further progress in 2024, say attorneys at Husch Blackwell.

• 3 Areas Of Focus In Congressional Crosshairs This Year

  

  Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

• Perspectives

  Justices May Clarify Expert Witness Confrontation Confusion

  

  After oral arguments in Smith v. Arizona, the U.S. Supreme Court seems poised to hold that expert witness opinions that rely on out-of-court testimonial statements for their factual basis are unconstitutional, thus resolving some of the complications created by the court’s confrontation clause jurisprudence, says Richard Friedman at the University of Michigan Law School.

• 5 Trade Secret Developments To Follow In 2024

  

  Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.

• What's On Tap For Public Corruption Prosecutions In 2024

  

  All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.

• Series

  Baking Bread Makes Me A Better Lawyer

  

  After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

• Federal Courts And AI Standing Orders: Safety Or Overkill?

  

  Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

• 7 E-Discovery Predictions For 2024 And Beyond

  

  The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

• A Closer Look At The Federal Criminal Enforcement Slump

  

  Former Deputy Attorney General Rod Rosenstein, now at King & Spalding, explains that the U.S. Department of Justice’s statistical reports reveal that federal authorities are considerably less productive today than in the past, as criminal prosecutions fell in 2022 in every major category, for reasons that are not entirely clear.

• 5 Litigation Funding Trends To Note In 2024

  

  Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

• Ill. Justices Set New Standard For Analyzing Defect Claims

  

  The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.

• A Look At Consumer Reporting In 2023, And What's To Come

  

  The legal landscape of consumer reporting is evolving as courts, federal regulators and state legislatures continue to weigh in — and while last year may have seen a slight downtick in the overall volume of Fair Credit Reporting Act litigation, 2024 is set to be a watershed year for this area of the law, say attorneys at Troutman Pepper.

• 4 Legal Ethics Considerations For The New Year

  

  As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

• Ill. BIPA Ruling May Spark Violation-Of-Law Exclusion Fight

  

  An Illinois appeals court's recent holding in National Fire Insurance v. Visual Pak that a violation-of-law exclusion didn't preclude coverage for an underlying Biometric Information Privacy Act suit contradicts an earlier Seventh Circuit decision that aligns with long-standing insurance law principles — which may lead the state's high court to weigh in, says Tae Andrews at Pasich.

• What The Law Firm Of The Future Will Look Like

  

  As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.