Expert Analysis

• Marketing Best Practices Amid FTC Green Guide Review

  

  While the Federal Trade Commission's Green Guides are under a regulatory review, marketers should carefully consider the FTC's list of environmental claim categories that may be misleading to consumers, whether others should be included and the appropriate parameters for avoiding deception, say attorneys at Alston & Bird.

• What To Expect From A Litigation Finance Industry Recession

  

  There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.

• 5 Mistakes To Avoid In Civil Litigation Witness Preparation

  

  For witness preparation to be effective in civil litigation, defense counsel should avoid several pitfalls, including overlooking the witness’s emotional status, making assumptions about their experience and not devoting enough time to the preparation process, say Bill Kanasky and Steve Wood at Courtroom Sciences.

• Cos. May Want To Wait Out US-EU Green Incentives Fight

  

  As the European Union considers measures to compete with the Inflation Reduction Act's incentives for U.S. production of clean tech, and EU and U.S. officials discuss a possible compromise, companies in the green sector should consider taking a wait-and-see approach to investment decisions, says Todd Thacker at Goldberg Segalla.

• Insureds Must Prep For Drought-Related Service Interruptions

  

  Amid the ongoing U.S. water crisis, corporate policyholders must prepare for the emerging risk of service interruption property damage and time element loss, including through careful examination of their current and renewal property policies, says Micah Skidmore at Haynes Boone.

• Enviro Exemption For NYC Housing Looks Legally Dubious

  

  New York City Mayor Eric Adams' recently announced plan to exempt smaller residential developments from state environmental review may be a laudable attempt to expand the housing supply, but a review of applicable statutes suggests that the mayor lacks the authority to create this exemption, says Richard Leland at Akerman.

• Enviro Justice Can Help Cos. With Regulators, Communities

  

  As policymakers increasingly prioritize environmental justice, businesses with corporate EJ policies in place and strong relationships with local stakeholders will be best positioned to respond in a meaningful way to regulatory scrutiny, while making a real difference in their communities, say consultants at Integral.

• How S&P 100 Cos.' Human Capital Disclosures Are Evolving

  

  A survey of human capital resource disclosures shows that S&P; 100 companies are generally expanding the length of their disclosures, covering more topics and including slightly more quantitative information in some areas, say Mike Titera and Meghan Sherley at Gibson Dunn.

• Combating Russia's Evolving Sanctions Evasion Efforts

  

  As the war in Ukraine enters its second year, Russia and its oligarch class will continue their attempts to elude sanctions, and regulators from the U.S. and allied nations will keep searching for ways to beat them back, say Ian Herbert at Miller & Chevalier and Brad Dragoon at Charles River.

• EU Investors May Find Remedy In Foreign Antisuit Injunctions

  

  In a duo of recent cases, a D.C. federal court called antisuit injunctions "strong medicine" against Spain's attempt to deprive the court of its jurisdiction, and may have prescribed just what the doctor ordered for European Union investors seeking to enforce intra-EU claims, say Gregory Williams and Tatiana Sainati at Wiley.

• 3 Reasons Why Reframing Can Create Juror Backlash

  

  Though reframing jurors' existing negative perceptions of your client or product can be an important trial tool, this strategy can also backfire if it fails to consider how people may react to overt persuasion attempts or perceived deception, say Nick Polavin and Jill Leibold at IMS Consulting.

• ERISA Considerations In A Dynamic ESG Landscape

  

  Recent congressional, judicial and state legislative developments have complicated the landscape surrounding environmental, social and governance investing, but these new laws and court challenges are unlikely to ban any consideration of ESG in ERISA plans and will likely serve to hone fiduciary focus, say Elizabeth Goldberg and Rachel Mann at Morgan Lewis.

• Justices Leave Questions Open On Dual-Purpose Atty Advice

  

  The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.

• Trial Strategies To Shore Up Gaps In Your Case Narrative

  

  As several recent verdicts reiterate, jurors crave a coherent and complete case narrative, so to mitigate the impact of information gaps that can lead to mistrials, mixed verdicts or total losses litigators can use certain approaches to craft a story that’s impervious to attacks, says Clint Townson at Townson Litigation Consulting.

• Tips For Tapping Into New DOE Carbon Capture Funding

  

  The U.S. Department of Energy's recent announcement of two funding opportunities for carbon capture and storage projects at industrial facilities and power plants should be good news for companies operating certain types of CO2-emitting facilities, says Pamela Wu at Morgan Lewis.