Expert Analysis

• Empathy In Mediation Offers A Soft Landing For Disputes

  

  Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

• A Look At The Increased Scrutiny Of Cash Sweep Programs

  

  Financial industry regulators have increasingly probed the adequacy of so-called cash sweep disclosures and policies, underscoring the heightened risk faced by investment advisers and broker-dealers, as well as the importance of adequately disclosing material conflicts of interest, say attorneys at Dechert.

• Series

  Being An Artist Makes Me A Better Lawyer

  

  My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

• Election Outcome Could Reshape Financial Industry

  

  The policies of the next presidential administration and Congress will shape the landscape of financial services in the U.S. — including banking, mortgage, investment and credit services — for years to come, affecting Wall Street investors and aspiring homeowners alike, say Alexander Hecht and Frank Guinta at Mintz.

• Consider The Impact Of Election Stress On Potential Jurors

  

  For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.

• How Judiciary Can Minimize AI Risks In Secondary Sources

  

  Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

• 3 Steps For Companies To Combat Task Scams

  

  On the rise in the U.S., the task scam — when scammers offer a victim a fake work-from-home job — hurts impersonated businesses by tarnishing their name and brand, but companies have a few ways to fight back against these cons, says Chris Wlach at Huge.

• False Patent Marking Claims Find New Home In Lanham Act

  

  While the Patent Act may have closed the courthouse doors for many false patent marking claims, the Federal Circuit, in its recent decision in Crocs v. Effervescent, may be opening a window to these types of claims under the Lanham Act, says John Cordani at Robinson & Cole.

• Digging Into CFPB's Overdraft Fee Consent Guidance

  

  Although a recent Consumer Financial Protection Bureau circular may seem unassuming, a closer read reveals the bureau is escalating its clampdown on nonconsensual debit card overdraft fees by expanding financial institutions' record-retention obligations beyond a two-year statutory requirement, say attorneys at Cooley.

• A Look At Calif. Biz Code And The Fight Over Customer Lists

  

  To ensure Uniform Trade Secret Act security, California staffing agencies and their attorneys should review Section 16607 of the state Business Code, which prohibits contracts that restrain employees from engaging in other lawful types of business, to understand the process for determining whether a customer list constitutes a trade secret, says Skye Daley at Buchalter.

• How Attorneys Can Break Free From Career Enmeshment

  

  Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

• Where Can Privacy Plaintiffs Sue When Injury Is Online?

  

  Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.

• Lawyers With Disabilities Are Seeking Equity, Not Pity

  

  Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

• Crypto.com's Suit Against SEC Could Hold Major Implications

  

  Crypto.com's recent lawsuit against the U.S. Securities and Exchange Commission could affect the operation and regulation of crypto markets in the U.S., potentially raising more questions about the SEC's authority to regulate the industry when it's unclear whether another agency is ready to assume it, say attorneys at McGuireWoods.

• How DOJ's Visa Debit Monopolization Suit May Unfold

  

  The U.S. Department of Justice's recently filed Section 2 monopolization suit against Visa offers several scenarios for a vigorous case and is likely to reveal some of the challenges faced by antitrust plaintiffs following the U.S. Supreme Court's split 2018 American Express decision, say attorneys at Mintz.