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Expert Analysis

• Surveying The Changing Overdraft Fee Landscape

  

  Despite recent federal moves that undermine consumer overdraft fee protections, last year’s increase in fee charges suggests banks will face continued scrutiny via litigation and state regulation, says Amanda Kurzendoerfer at Bates White.

• The Evolving Legal Landscape For THC-Infused Beverages

  

  A recent Eighth Circuit ruling, holding that states may restrict the sale of intoxicating hemp-derived products without violating federal law, combined with ongoing regulatory uncertainty at both the federal and state levels, could alter the trajectory of the THC-infused beverage market, say attorneys at Pashman Stein.

• Cos. Must Tailor Due Diligence As Trafficking Risks Increase

  

  As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.

• Antitrust Scrutiny Heightens In The Cannabis Industry

  

  Two ongoing antitrust cases signal intensified scrutiny of pricing practices, distribution restraints and exclusionary conduct in the cannabis sector, says Robin Crauthers at McCarter & English.

• Series

  Creating Botanical Art Makes Me A Better Lawyer

  

  Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.

• What To Expect As Calif. Justices Weigh Arbitration Fee Law

  

  If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.

• Reddit v. Anthropic Is A Defining Moment In The AI Data Race

  

  The recent lawsuit filed by Reddit against Anthropic in California state court marks a pivotal moment in the burgeoning field of artificial intelligence by sidestepping a typical copyright dispute, focusing instead on the enforceability of online terms of service and ownership of the digital commons, says William Galkin at Galkin Law.

• Opinion

  Privacy Bill Must Be Amended To Protect Small Businesses

  

  While a bill recently passed by the California Senate would exempt a company's use of legally compliant website advertising and tracking technologies from the California Invasion of Privacy Act, it must be amended to adequately protect small businesses, say attorneys at Thompson Hine.

• Opinion

  The Legal Education Status Quo Is No Longer Tenable

  

  As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

• Opinion

  Calif. Must Amend Trade Secret Civil Procedure

  

  A California procedural law that effectively shields trade secret defendants from having to return company materials until the plaintiff can craft detailed requests must be amended to recognize that property recovery and trade secret analysis are distinct issues, says Matthew Miller at Hanson Bridgett.

• Previewing State Efforts To Regulate Mental Health Chatbots

  

  New York, Nevada and Utah have all recently enacted laws regulating the use of artificial intelligence to deliver mental health services, offering early insights into how other states may regulate this area, say attorneys at Goodwin.

• What Dismissal Rulings May Mean For ERISA Forfeiture Cases

  

  Following an influx of Employee Retirement Income Security Act class actions challenging the long-standing practice of plan sponsors using plan forfeitures to offset employer contributions, recent motion to dismiss rulings and a U.S. Department of Labor amicus brief may encourage more courts to reject plaintiffs' forfeiture theories, say attorneys at Mayer Brown.

• E-Discovery Quarterly: Rulings On Relevance Redactions

  

  In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

• Opinion

  9th Circ. Customs Fraud Ruling Is Good For US Trade

  

  In an era rife with international trade disputes and tariff-evasion schemes that cost billions annually, the Ninth Circuit's recent decision in Island Industries v. Sigma is a major step forward for trade enforcement and for whistleblowers who can expose customs fraud, say attorneys at Singleton Schreiber.

• Opinion

  Section 1983 Has Promise After End Of Nationwide Injunctions

  

  After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.