Expert Analysis

• 'Greenhushing': Why Some Cos. Are Keeping Quiet On ESG

  

  A wave of ESG-related litigation and regulations have led some companies to retreat altogether from any public statements about their ESG goals, a trend known as "greenhushing" that was at the center of a recent D.C. court decision involving Coca-Cola, say Gonzalo Mon and Katie Rogers at Kelley Drye.

• Video Game Release Highlights TM Pitfalls Of App Store

  

  The upcoming release of poker video game Balatro in Apple's App Store underscores the tradeoff of keyword advertising and trademark protection for indie developers who, unlike corporate counterparts, lack resources but seek to maximize the reach of their game, say Parmida Enkeshafi and Simon Pulman at Pryor Cashman.

• Complying With FTC's Final Rule On Sham Online Reviews

  

  The Federal Trade Commission's final rule on deceptive acts and practices in online reviews and testimonials is effective Oct. 21, and some practice tips can help businesses avert noncompliance risks, say Airina Rodrigues and Jonathan Sandler at Brownstein Hyatt.

• Copyright Termination Opinion Departs From Long-Held Views

  

  In Vetter v. Resnik, a federal court recently held for the first time that termination rights under Section 304 of the Copyright Act recapture domestic and foreign rights where the original grant was for "worldwide" rights — misinterpreting a basic principle of international copyright treaties, say Rebecca Benyamin and Eric J. Schwartz at Mitchell Silberberg.

• Fed. Circ. Ruling Creates New Rule For Certification Marks

  

  The Federal Circuit's decision last month in Bureau National Interprofessionnel du Cognac v. Cologne & Cognac Entertainment is significant in that it establishes a new standard for assessing evidence of third-party uses of a certification mark in deciding whether the mark is famous, say Samantha Katze and Lisa Rosaya at Manatt.

• The Risks Of Employee Political Discourse On Social Media

  

  As election season enters its final stretch and employees increasingly engage in political speech on social media, employers should beware the liability risks and consider policies that negotiate the line between employees' rights and the limits on those rights, say Bradford Kelley and James McGehee at Littler.

• A Preview Of AI Priorities Under The Next President

  

  For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

• How Companies Are Approaching Insider Trading Policies

  

  An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.

• Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent

  

  A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.

• How Methods Are Evolving In Textualist Interpretations

  

  Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

• The State Law Landscape After Justices' Social Media Ruling

  

  Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.

• AI Art Ruling Shows Courts' Training Data Cases Approach

  

  A California federal court’s recent ruling in Andersen v. Stability AI, where the judge refused to throw out artists’ copyright infringement claims against four companies that make or distribute software that creates images from text prompts, provides insight into how courts are handling artificial intelligence training data cases, say attorneys at Skadden.

• Why Attorneys Should Consider Community Leadership Roles

  

  Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

• Ch. 11 Ruling Shows Early Attempt To Tackle Purdue Fallout

  

  A Delaware bankruptcy court’s recent ruling in Parlement Technologies’ Chapter 11 case, which denied a bid by Parler’s former owner to extend its bankruptcy stay to nondebtors, illustrates early efforts to grapple with the U.S. Supreme Court's decision in Purdue Pharma for a recurring bankruptcy issue, say Daniel Lowenthal and Jonah Wacholder at Patterson Belknap.

• Opinion

  Agencies Should Reward Corporate Cyber Victim Cooperation

  

  The increased regulatory scrutiny on corporate victims of cyberattacks — exemplified by the U.S. Securities and Exchange Commission's case against SolarWinds — should be replaced with a new model that provides adequate incentives for companies to come forward proactively and collaborate with law enforcement, say attorneys at McDermott.