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Expert Analysis

• Opinion

  Expert Reports Can't Replace Facts In Securities Fraud Cases

  

  The Ninth Circuit's 2023 decision in Nvidia v. Ohman Fonder — and the U.S. Supreme Court's punt on the case in 2024 — could invite the meritless securities litigation the Private Securities Litigation Reform Act was designed to prevent by substituting expert opinions for facts to substantiate complaint assertions, say attorneys at A&O Shearman.

• Hermes Bags Antitrust Win That Clarifies Luxury Tying Claims

  

  A California federal court recently found that absent actual harm to competition in the market for ancillary products, Hermes may make access to the Birkin bag contingent on other purchases, establishing that selective sales tactics and scarcity do not automatically violate U.S. antitrust law, say attorneys at Holland & Knight.

• Opinion

  High Court, Not A Single Justice, Should Decide On Recusal

  

  As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

• Amazon Ruling Marks New Era Of Personal Liability For Execs

  

  A Washington federal court's recent decision in FTC v. Amazon extended personal liability to senior executives for design-driven violations of broad consumer protection statutes, signaling a fundamental shift in how consumer protection laws may be enforced against large public companies, say attorneys at Orrick.

• Series

  Traveling Solo Makes Me A Better Lawyer

  

  Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.

• Series

  Law School's Missed Lessons: Client Service

  

  Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.

• How The FTC Is Stepping Up Subscription Enforcement

  

  Despite the demise of the Federal Trade Commission's click-to-cancel rule in July, the commission has not only maintained its regulatory momentum, but also set new compliance benchmarks through recent high-profile settlements with Match.com, Chegg and Amazon, say attorneys at Holland & Knight.

• Where 4th And 9th Circ. Diverge On Trade Secret Timing

  

  Recent Fourth and Ninth Circuit decisions have revealed a deepening circuit split over when plaintiffs must specifically define their alleged trade secrets, turning the early stages of trade secret litigation into a key battleground and elevating the importance of forum selection, say attorneys at Skadden.

• Series

  Adapting To Private Practice: 3 Tips On Finding The Right Job

  

  After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.

• Series

  Painting Makes Me A Better Lawyer

  

  Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.

• Using The GHG Protocol For California Climate Reporting

  

  With the California Air Resources Board's recent announcement that entities subject to the state's climate disclosure laws can use the Greenhouse Gas Protocol as a standard for structured, auditable reporting, a review of methods, data sources and disclosures under the protocol is timely for compliance planning, says Thierry Montoya at Frost Brown.

• 3 Trends From AI-Related Securities Class Action Dismissals

  

  A review of recently dismissed securities class actions centering on artificial intelligence highlights courts' scrutiny of statements about AI's capabilities and independence, and sustained focus on issues that aren't AI-specific, say attorneys at Alston & Bird.

• Calif. Justices Usher In Stricter Era For Wage Law Ignorance

  

  In Iloff v. LaPaille, the California Supreme Court determined that neither an employer's ignorance of wage obligations nor a worker agreeing to an unconventional arrangement is sufficient to establish good faith, demonstrating that the era of casual wage arrangements without legal vetting is over, says Brandy Alonzo-Mayland at Michelman & Robinson.

• What The New Nondomiciled-Trucker Rule Means For Carriers

  

  A new Federal Motor Carrier Safety Administration interim final rule restricting states' issuance of commercial drivers licenses to nondomiciled drivers does not alter motor carriers' obligations to verify drivers' qualifications, but may create disruptions by reducing the number of eligible drivers, say attorneys at Benesch.

• Protecting Sensitive Court Filings After Recent Cyber Breach

  

  In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.