Jury Returns $745M Verdict Against Chevron Over Wetlands Damage
Consider writing about:
A $745 million verdict against Chevron over damage to Louisiana’s coastal lands; factors contributing to the dollar size of the verdict; what this case may illustrate regarding the reach of successor liability, especially in a case claiming environmental damage; how this case compares to other litigation over energy companies’ alleged damage to wetlands.
Should Fossil Fuel Companies Fear Homicide Charges Over Climate Change Impacts?
Consider writing about:
Recurring suggestions (in assorted academic and legal contexts) that fossil fuel companies be charged with homicide in connection with deaths linked to the impacts of climate change. How realistic are such suggestions? What would be the key challenges in bringing charges of this type and pursuing them to any kind of meaningful outcome? What precedence is there for such a course of action?
Environmental and Energy Priorities for Tribal Communities
Consider writing about:
Recent or otherwise noteworthy developments involving tribal interests and their intersection with energy or environmental issues (in the state or country of your choice). Take your pick of any of the following: significant lawsuits, settlements, legislation, or enforcement actions; how the second Trump administration’s environmental and energy policies stand to affect tribal communities; any other emerging or heightened points of concern or keen interest.
Apple, Meta Fined $800M Over Alleged Violations of Digital Markets Act
Consider writing about:
A combined $800 million fine levied by the European Union against Apple and Meta this week; what to know about the Digital Markets Act, the law under which the EU took its action against the two tech giants; alleged DMA violations that led to the hefty fine; how other companies can avoid risks under the Digital Markets Act and stay out of the EU’s antitrust crosshairs.
The Federal Trade Commission’s “click-to-cancel” rule; its origins and focus; what the status is of this rule under the second Trump administration; legal challenges to the rule, and whether it may be killed off (if it hasn’t already been); liability risks that businesses may face over their subscription practices even if the FTC’s rule goes away.
Takeaways From DOJ Antitrust Win in Wage-Fixing Case Against Healthcare Executive
Consider writing about:
An April 14 jury verdict in a wage-fixing case; significance of the verdict in light of the U.S. Department of Justice’s recent attention to labor market conduct and potential antitrust violations; what else stands out to you about this particular case and the jury verdict; whether the DOJ is targeting the healthcare sector in particular over suspected antitrust-related wrongdoing; practical takeaways for other companies (regardless of industry) as regards their own activities and potential areas of liability.
What Does Congress Have in Mind for Medicare and Medicaid These Days?
Consider writing about:
Political wrangling over the future of Medicare and Medicaid. What pathways is Congress eyeing? What funding cuts or other proposed changes are on the table? What are the potential implications for health care providers, insurers, or individuals, and what should interested individuals or entities be watching for as negotiations continue?
Ransomware: A Continuing Headache for Health Care Sector
Consider writing about:
The continuing proliferation of ransomware attacks on the health care sector. Among the possible points to explore: how much of a problem this type of cyberthreat has become for the health care industry overall or for specific segments of the industry; established or emerging trends as regards common points of entry or weaknesses that are being exploited by cyberattackers; whether artificial intelligence in particular is contributing to ransomware risks; how the health care industry is, or should be, addressing ransomware threats and the related need for adequate cybersecurity; additional issues involving vendors or other third parties and their obligations and liability risks; any legal, regulatory, or political fallout over ransomware attacks against health care facilities and the industry’s cyber-readiness (or lack of same).
Third Time’s Not the Charm for J&J
Consider writing about:
A bankruptcy judge’s recent rejection of Johnson & Johnson’s third attempt to use Chapter 11 to resolve consumer allegations that its talc products caused cancer; basis for the decision by the U.S. District Court for the Southern District of Texas; alternative options for J&J at this point; and perhaps a related wider-angle look at trends involving talc-related litigation and any related bankruptcy filings.
A Feb. 24 ruling by the U.S. Bankruptcy Court for the Southern District of New York in In re Mega Newco Limited; significance of the court’s approval of the Mexican lending company’s foreign restructuring; related trends involving cross-border bankruptcy cases; practical guidance for other companies that may be contemplating a Chapter 15 bankruptcy.
Automatic Stays Under the U.S. Bankruptcy Code: How They Work [Ongoing]
Consider writing about:
Automatic stays under the U.S. Bankruptcy Code; types of bankruptcy to which a stay may apply; how a stay is intended to work; exceptions to the stay’s effect; what else a party to a bankruptcy should know about protections and limitations under an automatic stay.
Takeaways From Federal Circuit Ruling in Recentive v. Fox
Consider writing about:
A precedential ruling issued by the Federal Circuit on April 18; key points in the court’s Recentive Analytics v. Fox Corp. decision; practical implications for future patent disputes involving machine learning; how other courts are treating machine learning within the IP context.
Intellectual Property Pointers for Startups [Ongoing]
Consider writing about:
Key IP issues that startups commonly encounter, especially early in their lifetimes when they may be least prepared to deal with them, or intellectual property issues that are most apt to be overlooked or to otherwise trip up new businesses, first-time company founders, or fledgling entrepreneurs. What are some IP-related pitfalls to watch out for, and how can startups save themselves (before or after the fact) from IP-related missteps or oversights? What is a feasible game plan for new businesses that want to build a strong foundation for the protection and harnessing of their intellectual property?
NIL Trends Worth Noting
Consider writing about:
Name, image, and likeness legal trends. What interesting disputes, settlements, or other developments have you seen on this front so far this year? Additionally, how is the evolution of artificial intelligence affecting NIL concerns and priorities?
How an Expert Witness Can Be an Asset or a Liability [Ongoing]
Consider writing about:
How to maximize the effective use of expert witnesses. Possible points to explore: tips regarding expert witness selection, qualifications, or pre-trial preparation; challenges to expert witnesses; and/or damage control. Consider whether to write a “top five” type of do’s and don’ts piece, or a checklist of steps to take at a given point in the process, or an examination of recent or otherwise significant cases where expert witnesses played a large role, and/or where an expert witness became a problem, and how to anticipate, avoid, or correct for such problems.
What’s Next for Deportations in Wake of U.S. Supreme Court Order?
Consider writing about:
A weekend order issued by the U.S. Supreme Court blocking U.S. deportations under the Alien Enemies Act of 1798; migrants to whom the high court’s order applies; immediate impact of the order; potential difficulties in enforcing the order; where the Supreme Court’s order leaves other groups of immigrants in terms of their rights and risks; what other deportation options the Trump administration is (or may be) pursuing in lieu of the Alien Enemies Act; what advantages that Act may offer to the administration as it tries to carry out its immigration policy.
Temporary Protected Status Developments: What to Know
Consider writing about:
Your choice of recent developments or trends involving the Temporary Protected Status designation for immigrants to the United States. Among the possible points to explore: nationalities that have either recently lost or gained this status; grounds for the Trump administration’s cessation of protections; legal challenges or court rulings regarding these Trump administration actions; what rights are available to individuals under the Temporary Protected Status category; related issues involving eligibility, residency, work permits, deportation risks, and more; additional risks and options for immigrants who lose Temporary Protected Status; how employers may need to rethink their hiring, staffing, and operational practices if they are hard hit by TPS changes to certain nationalities or if the Temporary Protected Status program overall is markedly scaled back.
Due process, an issue over which many people are raising alarms these days as a result of the Trump administration’s treatment of immigrants, but also an issue that obviously has a much wider resonance across multiple spheres. What do people who are not themselves practicing members of the legal system need to understand about the right of due process, its origins, foundation, application, and importance? What are some common misunderstandings regarding due process rights? How are due process rights being threatened in our current era, and how can those rights be safeguarded?
Civil and Criminal Contempt: Causes and Consequences
Consider writing about:
The issue of civil and criminal contempt, a matter that has seen renewed attention due to various actions by the second Trump administration. Among the possible points to examine, whether from a general, wide-angle perspective or a particular type of case or situation: a comparison of civil “vs.” criminal contempt; grounds for either charge; how contempt charges are imposed; potential penalties for being found in contempt; who enforces contempt charges; whether contempt charges, or their likelihood, are becoming more common in an increasingly polarized society that is also seeing more push-backs, or outright threats, against judges. Additionally or alternatively, if writing about contempt charges in the context of the Trump administration, consider delving into additional (and perhaps even unprecedented) challenges of seeing through a contempt charge and enforcing it against administration staff, higher-ups, and perhaps even the president himself.
Practical Takeaways From Wage-Fixing Conviction
Consider writing about:
An April 14 conviction in a wage-fixing case; key allegations in the case; what stands out to you about the conviction and the U.S. Department of Justice’s pursuit of this case and other incidents of alleged wage-fixing; what else employers should know about the DOJ’s attention to wage-fixing claims.
Food for Thought: The Do’s and Dont’s of Employee Meal Breaks
Consider writing about:
Noteworthy legal developments, trends, or tips involving employee meal breaks; common misunderstandings or confusion (on the part of either employees or employers) regarding meal breaks, compensation, state or federal labor laws, workplace policies, or employee or employer obligations; any interesting lawsuits, settlements, or verdicts over employee meal breaks, and what employers can learn from those.
Retaliation in the labor law context. Among the points worth considering: employee rights and protections involving protection from retaliation; trends involving volume or type of retaliation incidents; state or federal enforcement trends; noteworthy allegations or penalties involving retaliation in the workplace; any new or worsening factors triggering recent retaliation claims; what else employers should know about retaliation incidents, their potential consequences, and related best practices.
NYDFS, Block Inc. Reach $40M Settlement
Consider writing about:
A $40 million settlement reached between the New York State Department of Financial Services and Block Inc. over the company’s “serious compliance deficiencies;” nature of the alleged deficiencies; any conclusions regarding conditions or systems that opened the door to those deficiencies; related financial entity obligations regarding money-laundering risks and other questionable or illegal activity; what to know about the role of an independent monitor as a result of a settlement with a regulator; additional practical takeaways regarding internal oversight, compliance requirements, whistleblowers, or dealing with regulators.
Your choice of the latest developments involving the Consumer Financial Protection Bureau. Choose among CFPB pull-backs from Biden-era activities; shifts in direction or priorities; continuing litigation; or any surprises from the CFPB. Is a consistent game plan taking shape, or is the CFPB all over the place in its regulatory and enforcement activities these days? What should financial entities or consumers know about the current-day CFPB, and how can they best protect their interests in an ever-evolving landscape?
Stablecoins Get Renewed Attention
Consider writing about:
Recent noteworthy developments involving the crypto assets known as stablecoins; how stablecoins are defined; how they are currently regulated; how the U.S. Securities and Exchange Commission’s position on stablecoins has evolved; what to know about legislation in Congress regarding stablecoins.
“Made in USA” product descriptions; what companies should know regarding labeling and marketing requirements and standards that apply to “Made in USA” product claims; noteworthy lawsuits or regulatory actions over companies’ “Made in USA” product descriptions; whether Trump administration tariffs and the evolving trade war are likely to lead to more “Made in USA” missteps; how companies can avoid legal problems over their use of “Made in USA” language.
New PFAS-Related Developments Worth Noting
Consider writing about:
Recent PFAS-related developments of note, in the state, country, or region of your choice. Among the possible topics to explore: new or proposed laws banning or restricting the use of PFAS; regulatory actions worth knowing about; any increased liability risks; any new or recurring triggers for these risks; how businesses can minimize legal fallout stemming from their involvement with PFAS.
Liability Risks Involving Lithium-Ion Batteries: What to Know
Consider writing about:
Lawsuits over alleged fire hazards or other safety risks posed by lithium-ion batteries, whether involving battery manufacturing facilities or the use of lithium-ion batteries in consumer products or other types of products. In what context are you seeing the most litigation and the most risk for manufacturers or other businesses? What has been the outcome of litigation involving lithium-ion batteries, and how can companies best defend themselves against these types of lawsuits?
Delaware Court Dismisses Insurers’ Lawsuits Against Software Provider
Consider writing about:
A Delaware court’s dismissal of insurers’ lawsuits against software provider Blackbaud over fallout from a 2020 ransomware attack; basis for the ruling by the Superior Court of Delaware; what this ruling may illustrate regarding the intricacies of subrogation claims, cyber insurance, and/or third-party liability; additional practical guidance related to the evolving cyber insurance landscape and rulings in other cyber insurance disputes.
Trump Tariffs’ Implications for the Insurance Industry
Consider writing about:
The impact on the insurance industry of the Trump administration’s trade policy and existing or potential tariffs. How might the tariffs impact policyholders, insurers, or the overall insurance sector? What are the most likely repercussions, and for whom? What types of insurance coverage might address tariff-related business disruptions or other economic losses? How can policyholders prepare for the tariff-related impacts on their insurance coverage? What adjustments might they want to contemplate making to their coverage and their insurance portfolio?