AI Cautionary Tales (and Practical Implications) for the Legal Profession
Consider writing about:
Some of the latest or otherwise most interesting examples of AI use gone awry for members of the legal profession; how courts are responding to these types of incidents, in terms of sanctions after the fact, or suggested or required steps as precautions; how to bounce back after one or more AI-related mishaps; what individual professionals or law firms should be doing at this point to help ensure that they are using AI tools wisely and efficiently and with a minimum of risk.
Pointers on Establishing a New or Niche Practice [Ongoing]
Consider writing about:
Issues to keep in mind when deciding whether to change or add practice areas; or, alternatively, considerations when deciding whether to take on a new practice area involving an emerging or highly technical subject; how attorneys can decide if a particular practice area is a good fit for them; how to grow a new practice area, develop expertise, and set oneself apart from other practitioners.
Personal or Professional Lessons From Leisure Pursuits [Ongoing]
Consider writing about:
Analogies between hobbies and the legal profession. Consider whether to write a practical, first-person piece about lessons learned from the pursuit of a hobby and how you have been able to apply those lessons to your law practice, or whether to write a more general piece comparing a sport or other outside interest to the practice of law.
Practical Takeaways From Federal Circuit Ruling in Trade Secret Dispute
Consider writing about:
The Federal Circuit’s May 28 ruling in Insulet Corp. v. EOFlow Co.; basis for the overturning of a $59 million damages award; what this ruling potentially means for legal actions taken under the Defend Trade Secrets Act; additional practical guidance regarding protection of intellectual property, especially in the context of potential hazards involving former employees.
Influencer Sues Lingerie Company Over Alleged Use of Deepfake Image
Consider writing about:
A lifestyle influencer’s lawsuit against a lingerie company over its alleged AI-generated deepfake image of her; key allegations against the company; what this lawsuit demonstrates regarding potential pitfalls for either companies or individual influencers with whom they partner; how companies and individuals should be thinking about contract terms and related business objectives in our AI era.
Colbert’s Use of Peanuts Song Serves Up Comedic Reminder About Licensing Agreements
Consider writing about:
A music-related gag on the final episode of The Late Show. Although deliberately played for laughs, this headline-generating maneuver could still serve as a useful reminder regarding IP protections involving music and the need for valid licensing agreements. How can rights holders protect their interests in these sorts of cases, and when do infringers sometimes cross a line (either knowingly or unknowingly)?
The Serious Fraud Office’s latest business plan; what the plan may indicate regarding the office’s priorities, overall mission and guiding philosophy, and likely enforcement targets in the months ahead; how the latest business plan compares to plans from prior periods; what else the business community should know about the Serious Fraud Office’s direction and agenda.
New Free Trade Agreements Emerge Among Multiple Players
Consider writing about:
Recently announced international trade deals; significance of new or expanded free trade agreements among various countries; your top takeaways from any or all of the following agreements: between the European Union and India, between the EU and several African countries, the EU and Mexico, the EU and four South American countries, and also between the United Kingdom and the Gulf Cooperation Council; who is likely to benefit most from these trade pacts; any common through-lines across several or all of these agreements; factors that may be driving a push for new or expanded trade agreements.
China’s evolving approach to suspected incidents of bribery and corruption; judicial rulings or other developments that signal how that country’s authorities are treating alleged incidents; what companies doing business in China should take away from these developments, in terms of corporate or individual risk and their strategies for preventing or responding to apparent wrongdoing.
Delaware Adopts Uniform Assignment for Benefit of Creditors Act
Consider writing about:
Delaware’s adoption of the Uniform Assignment for Benefit of Creditors Act; what to know about the Act’s background, purpose, limitations, and whom it potentially benefits and how; significance of Delaware’s action; related trends involving states’ adoption of the Uniform Assignment for Benefit of Creditors Act; how eligible companies can assess whether the Delaware ABC Act is a good fit for them.
Takeaways From Supreme Court Ruling in Chapter 13 Bankruptcy
Consider writing about:
The U.S. Supreme Court’s ruling in Keathley v. Buddy Ayers Construction; case background; key points in the ruling; what the ruling means for disclosure obligations in a bankruptcy case; what else debtors, creditors, or counsel should know about this ruling.
The Chapter 11 filing by biotech company Sangamo Therapeutics; issues leading up to the gene-editing company’s bankruptcy; what to know about an agreement by Eli Lilly and Japanese drugmaker Astellas to act as “stalking horse” bidders; how the “stalking horse” process works in a bankruptcy, and what parties on each side of the agreement should know before agreeing to participate in such an endeavor; and perhaps a wider-angle look at the biotech industry, its overall financial health, competition trends, and challenges facing either the industry as a whole or other specific biotech companies right now.
What to Know About New CFTC Policy on Cooperation
Consider writing about:
A staff advisory issued by the Commodity Futures Trading Commission on May 19; nature and purpose of a staff advisory; what stands out to you about the CFTC’s new policy on self-reporting, cooperation, and remediation; how the policy compares to past CFTC policies, and what it signals about the CFTC’s stance and priorities going forward; additional practical guidance on voluntary disclosures and declinations.
How Federal Financial Regulators May Be Creating Immigration-Related Risks for Lenders, Employers
Consider writing about:
How federal financial regulators are targeting immigrant communities; what recent Trump administration actions could mean for financial assistance to individuals or organizations, as well as for financial entities’ lending activities, suspicious activity reporting, and other compliance obligations; where recent guidance from federal financial regulators may fall short on explaining compliance requirements; how this enforcement push could create new risks for lenders as well as for some employers.
Top Takeaways From Proposed CFTC Rule on Prediction Market Event Contracts
Consider writing about:
A Notice of Proposed Rulemaking published on June 10 by the Commodity Futures Trading Commission regarding prediction market event contracts; key points in the proposed rule; what it does, or does not, help to clarify; the proposed rule’s potential implications for states’ efforts to limit or ban prediction market activity; what else stands out to you about the CFTC’s proposed framework.
How deepfakes and other tech developments are ramping up financial risks for individuals; why the elderly may be more susceptible to imposter scams and their evolving tactics; how relatives or other trusted acquaintances may be able to help at-risk individuals guard against these types of scams and better protect their assets, or pursue recovery options after the fact.
How to Prevent or Resolve Marital Disputes Over Pet Ownership or Custody
Consider writing about:
Disputes over pet ownership, custody, care, rehoming, or visitation rights in the event of a separation or divorce; any noteworthy lawsuits or other legal developments on this front; pets’ definition and status under the law (as property or otherwise), and how that may be evolving, depending on jurisdiction; resources or additional guidance on preventing or resolving disputes over one’s pets.
Data Privacy in the AI Age: Practical Steps to Take
Consider writing about:
Data privacy and data security issues that individuals considering whether to use ChatGPT or similar AI tools should be aware of; how people’s personal information is stored or used by AI companies; what privacy laws may or may not apply; settings and data rights that individuals should familiarize themselves with if they want to better manage the AI industry’s use of their information.
Product Liability Risks and Trends Involving the Cannabis Industry
Consider writing about:
Product liability concerns for cannabis-related businesses (in the jurisdiction of your choice); business practices or other factors that tend to lead to product liability risks for this industry; how product liability claims against the cannabis industry (either as a whole, or a specific segment of the industry) have performed; what the industry should be doing to protect itself against product liability lawsuits.
Ozempic Maker Faces Wrongful-Death Suit
Consider writing about:
A wrongful-death suit recently filed against Ozempic manufacturer Novo Nordisk; key claims in the lawsuit; what this case may illustrate regarding potential liability risks involving duty to warn; what to know about the status or outcome of other lawsuits over the safety of the latest wave of weight-loss drugs.
“Innocent seller” laws; how they function; how widespread they are, and whether they are becoming more or less common; how they impact businesses and consumers; key protections and limitations under innocent seller laws; examples of product liability disputes where innocent seller laws have been a factor in the outcome.
How FERC Is Addressing Record-Setting Growth in Data Center Development
Consider writing about:
Actions taken by the Federal Energy Regulatory Commission involving data centers; FERC’s role and authority over data centers and associated energy issues; jurisdictional issues worth noting; relevant FERC rules or other significant recent actions by the commission regarding data centers; related requirements or other challenges facing energy providers as they pertain to the explosion of planned or completed data center projects.
Trump Termination of Environmental Justice Grant Program Found to Be Unlawful
Consider writing about:
A federal judge’s recent finding that a decision by the Trump administration to terminate an environmental justice grant program was “arbitrary and capricious and unlawful;” what the ruling means for the current status and potential future of that grant program; whether other environmental justice projects have been delayed or extinguished as a result of actions by the second Trump administration; status of any other pending lawsuits over the administration’s treatment of such projects; any potential for alternative financing sources for these types of projects.
Trends (in the jurisdiction of your choice) involving geothermal energy; noteworthy developments involving any of the following points: government funding, legislative activity, private financing, research and innovation, or project launch; how geothermal activity is trending in terms of adoption and scaling, whether in and of itself, or in comparison to other green forms of energy production; developments driving its uptake; predictions for the geothermal energy sector for the near and long term.
Top Takeaways From the EEOC’s National Enforcement Plan
Consider writing about:
The Equal Employment Opportunity Commission’s recently released National Enforcement Plan; what the plan indicates regarding the EEOC’s role, priorities, overall orientation, guiding philosophy, and likely enforcement targets; how the plan compares to EEOC Strategic Enforcement Plans; any noteworthy omissions from the National Enforcement Plan; how employers should be responding to the EEOC’s National Enforcement Plan.
Non-disclosure agreements, a perennial topic that attracted a new burst of attention recently, due to the second Trump administration’s desire to have federal employees sign NDAs. What are the legal rights, common misunderstandings, or potential pitfalls involving NDAs, whether for public or private employers and their workforce? What are some key employer do’s and don’ts regarding NDAs? What do employers tend to overlook when crafting NDA policies? And how is the use of AI tools in the workplace adding a new layer of complexity to NDA protocols and associated risks?
Charlie Kirk Commenters Reinstated; What Employers Should Know Before the Next Controversy
Consider writing about:
Employee reinstatements and/or hefty settlements (amounting to six-figure dollar amounts in at least some cases) that have occurred in the wake of people being fired by various employers over comments made in the wake of Charlie Kirk’s killing; what these cases may illustrate regarding First Amendment rights, protected speech, issues involving off-duty conduct, the intricacies of disciplinary and termination decisions, and the potential for employer missteps or liability; how employers can be better prepared the next time a political controversy finds its way into their workforce.
Lessons From FCPA Case Against Medical Device Maker
Consider writing about:
A Foreign Corrupt Practices Act case involving French medical device company Balt SAS; individual or corporate behavior that drew enforcement authorities’ attention; how internal investigation processes and self-disclosure played a role in this case; what the Balt case may help illustrate regarding the merits of internal compliance protocols and cooperation with federal or international authorities; additional practical takeaways regarding the U.S. Department of Justice’s Corporate Enforcement Policy, and what the Balt case demonstrates regarding how that policy may play out in real life.
Will Moderna Get the Shot in the Arm It Seeks for New Vaccine?
Consider writing about:
The regulatory status of a new type of flu vaccine; what’s significant about Moderna’s mFlusiva vaccine; what to know about mRNA technology; how the pathway for drug approvals is evolving under the second Trump administration; potential obstacles for vaccine manufacturers in particular; broader trends involving mRNA technology.
Ransomware: Still a Chronic Pain for Healthcare Sector
Consider writing about:
The continuing problem of ransomware attacks against the healthcare sector. Among the possible points to explore: how much of a problem this type of cyberthreat has become for the healthcare industry overall or for specific segments of the industry; how this year’s incidents to date compare to last year’s, in terms of types, frequency, severity, etc.; established or emerging trends as regards common points of entry or weaknesses that are being exploited by cyberattackers; how artificial intelligence may be contributing to ransomware risks for the healthcare sector; how the healthcare industry is, or should be, addressing ransomware threats and the related need for adequate cybersecurity; additional issues involving vendors or other third parties and related liability risks, either for themselves or on the part of their healthcare industry clients; any noteworthy legal, regulatory, or political fallout over ransomware attacks against healthcare entities and the healthcare industry’s cyber-readiness (or lack of same).