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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.

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.

6th Circ. FirstEnergy Ruling Protects Key Legal Privileges

The Sixth Circuit’s recent grant of mandamus relief in In re: First Energy Corp. confirms that the attorney-client privilege and work-product protections apply to internal investigation materials, ultimately advancing the public interest, say attorneys at Cooley.

Opinion

Courts Must Continue Protecting Plaintiffs In Mass Arbitration

In recent years, many companies have imposed onerous protocols that function to frustrate plaintiffs' ability to seek justice through mass arbitration, but a series of welcome court decisions in recent months indicate that the pendulum might be swinging back toward plaintiffs, say Raphael Janove and Sasha Jones at Janove Law.

Del. Ruling Reaffirms High Bar To Plead Minority Control

The Delaware Court of Chancery's recent decision in Witmer v. Armistice maintains Delaware's strict approach to control and provides increased predictability for minority investors in their investment and corporate governance decisions, says Elena Davis at Ropes & Gray.

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.

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.

Breaking Down The Intersection Of Right-Of-Publicity Law, AI

Jillian Taylor at Blank Rome examines how existing right-of-publicity law governs artificial intelligence-generated voice-overs, deepfakes and deadbots; highlights a recent New York federal court ruling involving AI-generated voice clones; and offers practical guardrails for using AI without violating the right of publicity.

Mich. Ruling Narrows Former Athletes' Path To NIL Recovery

A federal judge's recent dismissal of a name, image and likeness class action by former Michigan college football players marks the third such ruling this year, demonstrating how statutes of limitation and prior NIL settlements are effectively foreclosing these claims for pre-2016 student-athletes, say attorneys at Venable.

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.

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.

Hybrid Claims In Antitrust Disputes Spark Coverage Battles

Antitrust litigation increasingly includes claims for breach of warranty, product liability or state consumer protection violations, complicating insurers' reliance on exclusions as courts analyze whether these are antitrust claims in disguise, says Jameson Pasek at Caldwell Law.

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.