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Expert Analysis

• 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.

• Glimmers Of Clarity Appear Amid Open Banking Disarray

  

  The Consumer Financial Protection Bureau's vacillation over data rights rules has created uncertainty, but a recent proposal is a strong signal that open banking regulations are here to stay, making now the ideal time for entities to take action to decrease compliance risk, says Adam Maarec at McGlinchey Stafford.

• 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.

• Md. Ruling Spotlights Source-Of-Income Discrimination

  

  In Hare v. David S. Brown Enterprises, the Maryland Supreme Court recently ruled that landlords cannot impose income requirements that disqualify tenants relying on housing vouchers, raising questions about applying the disparate impact doctrine in source-of-income discrimination cases, says Yvette Pappoe at the University of the District of Columbia.

• FTC's Consumer Finance Pivot Brings Industry Pros And Cons

  

  An active Federal Trade Commission against the backdrop of a leashed Consumer Financial Protection Bureau will be welcomed by most in the consumer finance industry, but the incremental expansion of the FTC's authority via enforcement actions remains a risk, say attorneys at Hudson Cook.

• How A New BIS Rule Greatly Expands Export Restrictions

  

  The newly effective affiliates rule from the U.S. Department of Commerce's Bureau of Industry and Security restricts exports to foreign companies that are 50% or more owned by entities listed on the BIS entity list and the military end-user list — a major shift in U.S. export control enforcement, say attorneys at Simpson Thacher.

• How Gov't Reversals Are Flummoxing Renewable Developers

  

  The Trump administration has reversed numerous environmental and energy policies, some of which have then been reinstated by the courts, making it difficult for renewable energy project developers to navigate the current regulatory environment, says John Watson at Spencer Fane.

• USPTO Panel's Reversal Signals A Shift On AI Patents

  

  A recent patent ruling from a U.S. Patent and Trademark Office panel shows that artificial intelligence technologies remain patent-eligible when properly framed as technical solutions, and provides valuable drafting lessons for counsel, say attorneys at Butzel Long.

• 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.

• 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.

• 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.

• 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.

• 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.