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Expert Analysis

• Opinion

  DOJ's Tracing Rule For Pandemic Loan Fraud Is Untenable

  

  In conducting investigations related to COVID-19 relief fraud, the government's assertion that loan proceeds are nonfungible and had to have been segregated from other funds is unsupported by underlying legislation, precedent or the language establishing similar federal relief programs, say Sharon McCarthy, Jay Nanavati and Lasya Ravulapati at Kostelanetz.

• New Health AI Guidance Features A Provider-Centric Approach

  

  New guidance from the Joint Commission and Coalition for Health AI regarding the responsible use of artificial intelligence in healthcare deviates from preexisting guidance by recommending a comprehensive framework for using AI tools, focusing on healthcare provider organizations rather than on AI developers, say attorneys at Ropes & Gray.

• NY Zelle Suit Highlights Fraud Risks Of Electronic Payments

  

  The New York attorney general's recent action against Zelle's parent company, filed several months after the Consumer Financial Protection Bureau abandoned a similar suit, demonstrates the fraud risks that electronic payment platforms can present and the need for providers to carefully balance accessibility and consumer protection, say attorneys at Weiner Brodsky.

• 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.

• 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 Occasional Activists Have Reshaped Proxy Fights

  

  The sophistication and breadth of first-time activist engagement continue to shape corporate governance and strategic outcomes, as evidenced across corporate annual meetings this summer, meaning advisers should anticipate continued innovation in tactics, increased regulatory complexity, and a persistent focus on board accountability, say attorneys at MoFo.

• 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.

• Loper Bright's Evolving Application In Labor Case Appeals

  

  Following the U.S. Supreme Court's decision in Loper Bright v. Raimondo, which upended decades of precedent requiring courts to defer to agency interpretations of federal regulations, the Third and Sixth Circuits' differing approaches leave little certainty as to which employment regulations remain in play, say attorneys at Foley & Lardner.

• How DHS' H-1B Proposal May Affect Hiring, Strategic Planning

  

  For employers, DHS’ proposal to change the H-1B visa lottery from a random selection process to one favoring higher-wage workers may increase labor and compliance costs, limit access to entry-level international talent, and raise strategic questions about compensation, geography and long-term workforce planning, says Ian MacDonald at Greenberg Traurig.

• Shutdown Imperils Telehealth Access For Medicare Patients

  

  The federal government shutdown that commenced on Oct. 1 coincided with the expiration of certain telehealth flexibilities that had preserved expansive access to telehealth services for Medicare beneficiaries following COVID-19, creating significant legal and financial uncertainty for healthcare providers and patients, say attorneys at Robinson & Cole.

• Colo. Law Brings Some Equilibrium To Condo Defect Reform

  

  Colorado's American Dream Act, effective next year, does not eliminate litigation risk for developers entirely, but it does introduce a process, some predictability and a more holistic means for parties to resolve condominium construction defect claims, and may improve the state's housing shortage, says Bob Burton at Winstead.

• Importers Face Uncertainty As Court Stays Solar Tariff Ruling

  

  The overturning of a Commerce Department rule that allowed duty-free entry of solar cells between 2022 and 2024, now on appeal to the Federal Circuit, means the landscape for imported solar cells and modules is still in flux, while U.S. producers continue to rely on imports, say attorneys at Morgan Lewis.

• What To Expect After FDA Warnings To GLP-1 Compounders

  

  The U.S. Food and Drug Administration's recent warning letters to companies advertising compounded versions of GLP-1 medications raise questions not just about the enforcement outlook for marketing such products, but also about the future of drug compounding as a whole, say attorneys at Spencer Fane.

• 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.

• How Trump Admin. Is Shifting Biden's Antitrust Merger Enforcement

  

  Antitrust enforcement trends under the Trump administration have included a moderation in the agencies' approach to merger enforcement as compared to enforcers compared to the prior administration, but dealmakers should still expect aggressive enforcement when the agencies believe consumers will be harmed and they expect to win in court, say attorneys at Rule Garza.