Expert Analysis

• Proxy Season Takeaways Indicate ESG Initiative Shifts

  

  While proxy season takeaways from 2023 may seem to indicate a move away from environmental, social and corporate governance initiatives, the numbers also reflect shifts in the types of proposals being submitted, their proponents, voting patterns and broader investor sentiment, says Leah Malone at Simpson Thacher.

• Opinion

  Private Equity Owners Can Remedy Law Firms' Agency Issues

  

  Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

• Understanding EU's AI Act And Its Enforcement Mechanisms

  

  Companies wishing to use or market AI technology in the EU will need to become familiar with the risk-based regulatory framework and strict enforcement mechanisms of the draft EU Artificial Intelligence Act, which may be effective as early as next year, say Matthew Justus at AT&T and Wade Barron at Kilpatrick Townsend.

• What Cos. Must Know About New Ore. Consumer Privacy Law

  

  Oregon was recently the 12th state to enact a comprehensive consumer data privacy law, but its one-year effective date delay is only applicable to certain nonprofits — so entities in the state should review their data inventory, collection and sharing practices to comply by July 1, 2024, say Neeka Hodaie and Lisa Schaures at Seyfarth.

• Mass. Robinhood Ruling Will Affect Broker-Dealers Nationwide

  

  Following the Massachusetts Supreme Judicial Court's recent ruling in Robinhood v. Galvin, which upheld the state's rule imposing a fiduciary duty standard on broker-dealers, the Massachusetts Securities Division will likely target in-state and out-of-state firms under the rule, say attorneys at Mintz.

• Opinion

  Companies Must Not Back Down On DEI Efforts

  

  In the face of recent lawsuits filed to challenge schools' diversity efforts, and a U.S. Supreme Court potentially friendly to purely hypothetical arguments, companies must stand strong and not be intimidated into abandoning diversity and inclusion programs, says Licha Nyiendo at Human Rights First.

• How To Protect Atty-Client Privilege While Using Generative AI

  

  When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

• Opinion

  Design And Utility Patents Should Get Same Obviousness Test

  

  The principles of the U.S. Supreme Court's KSR v. Teleflex decision should apply to design patents in the pending Federal Circuit LKQ v. GM Global Technology case because both utility and design patents are subject to the same prohibition against obviousness, say Alexander Chen and Katja Grosch at InHouse Co. Law Firm.

• When Should A Chief Compliance Officer Get Sanctioned?

  

  A recent Financial Industry Regulatory Authority enforcement action against a securities firm took the rare step of individually charging the firm's chief compliance officer, heightening uncertainty around what compliance officers should do to avoid being sanctioned, say Greg Amoroso and Brian Rubin at Eversheds Sutherland.

• How New Lawyers Can Leverage Feedback For Growth

  

  Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

• When Can Human Input Render AI Work Copyrightable?

  

  The U.S. District Court for the District of Columbia's recent decision in Thaler v. Perlmutter leaves open the question of how much human input is necessary to qualify the user of an artificial intelligence system as the author of a generated work, but the court's dicta offers some clues, say attorneys at MoFo.

• Bracing For Rising Cyber-Related False Claims Act Scrutiny

  

  Two recent cyber-related False Claims Act cases illustrate the vulnerability of government contractors, including universities, obliged to self-attest compliance with multiple controls, signal the importance of accurate internal controls and underline the benefits of self-disclosure, say Townsend Bourne and Nikole Snyder at Sheppard Mullin.

• A Cautionary Tale Of Flawed Debt Accounting And SEC Fines

  

  The U.S. Securities and Exchange Commission's recent improper-accounting charges against Malvern Bancorp and its ex-CFO highlight crucial practice issues, including the need to objectively evaluate borrowers' credit, say attorneys at Arnold & Porter.

• Series

  ESG Around The World: Australia

  

  Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.

• Key Takeaways For Email Marketing From Experian Settlement

  

  The Federal Trade Commission's recent enforcement action against Experian is a good reminder for companies to assess email marketing practices for compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act, including misleading header information, deceptive subject lines and opt-out requirements, says Terese Arenth at Moritt Hock.