American Bar Association

The American Bar Association's Section of Antitrust Law is a prominent professional body focused on antitrust and competition law, trade regulations, consumer protection, and economic issues.

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The Impact of the EU NIS2 Directive and the DOJ Rule on Bulk Sensitive Data Transfers on the Healthcare Industry

2 weeks ago | americanbar.org | Jordan Fischer

In Episode 3, host Jordan L. Fischer, Esq. interviews Corey Dennis, Chief Privacy Officer & Assistant General Counsel at Legend Biotech, where he leads the global privacy, cybersecurity, and artificial intelligence legal programs.
I Was a Watergate Special Prosecutor

2 weeks ago | americanbar.org | Jill Wine-Banks

Only 4 percent of all the lawyers in America were women, and almost none of that 4 percent were litigators. The author was the first woman prosecutor at the Department of Justice when she joined the Watergate trial team. She questioned President Nixon’s secretary about the famous 18.5 minutes of missing tape recordings.
Where There’s Smoke, Is There Coverage?

3 weeks ago | americanbar.org | Rachel E. Hudgins |Scott P. DeVries

Recent California cases show how courts differ on whether smoke contamination qualifies as “direct physical loss,” with one ruling for the policyholder (Bottega) and another for the insurer (Gharibian). Explicit smoke damage coverage can simplify claims, while strong evidence, such as expert testimony on contamination effects, can assist in proving a loss. Insurers may challenge smoke-related claims, arguing damage is superficial and transient.
Thrive as a Lawyer

1 month ago | americanbar.org | Jordan Fischer

In Episode 2, host Jordan L. Fischer, Esq. interviews Judy Selby, the founder of Selby Strategies and working as a certified performance coach. Judy is the author of "The Untold Secrets to Thrive as a Lawyer: Six Steps to Ignite Your Legal Career Even if You Didn’t Go to Harvard or Yale," which provides insights into every stage of a legal career.
An Overview of the Distinct Categories of Bad Faith

2 months ago | americanbar.org | Shanti Eagle |Jalen Brown |Andrew Athenson

Bad faith actions heavily depend on state specific law. Different jurisdictions take varying approaches, and each have their own requirements to prove an insurer’s bad faith. When considering a bad faith cause of action, it is important for policyholders to be aware of how their jurisdiction applies bad faith. ilbusca via Getty Images Jurisdictions across the United States take on different approaches to bad faith actions.
2025 Brings Significant Developments to Federal and State Automatic Renewal Laws

2 months ago | americanbar.org | Michael Daly |Matthew Adler

The FTC recently amended its negative option rule (NOR), with most provisions scheduled to take effect on May 14. The amended rule applies to any “negative option feature.” The federal NOR, unlike many state automatic renewal laws (ARLs), implicates business-to-business contracts as well as agreements with consumers. New amendments to California’s ARL will take effect on July 1 and will apply to any contracts “entered into, amended, or extended” on or after that date.
Fee Award Is a No Go in GoDaddy Class Action Settlement

Jan 13, 2025 | americanbar.org | James Miller

Rush against time in TCPA class action settlement leads to errors. The plaintiffs in the underlying case alleged that GoDaddy used a prohibited automatic telephone dialing system to make calls or texts to class members. Ivan Pantic via Getty Images A federal court has held that a class action settlement was a coupon settlement under the Class Action Fairness Act (CAFA), 28 U.S.C. § 1712, despite terms that class members had an option to receive a cash payment.
Artificial Intelligence and the Practice of Law

Jan 13, 2025 | americanbar.org | Jordan Fischer

In Episode 1, host Jordan L. Fischer, Esq. interviews Damien Riehl, a technology lawyer who is currently leading the design, development, and expansion of products at vLex (formerly, Fastcase), integrating AI-backed technologies to improve legal workflows and to power legal data analytics. Damien provided a deep dive into the ways in which lawyers are leveraging AI, and how AI is already, and likely will continue to, disrupt the practice of law.
Remote Legal Practice: Benefits, Challenges and the Path Forward

Jan 1, 2025 | americanbar.org | Daniel Siegel

The COVID-19 pandemic has significantly altered legal practice with increased remote appearances. Remote practice offers benefits like reduced travel time, lower costs, and expanded geographical reach. Inconsistent policies on remote appearances have created challenges, highlighting the need for standardized guidelines from the ABA.
Court Makes It Easier to Waive Arbitration

Nov 19, 2024 | americanbar.org | Jordan Bernstein

A party can waive the right even with no prejudice to the opposing side. Parties will no longer need to demonstrate prejudice to claim an adversary waived its contractual right to compel arbitration. webphotographeer via Getty Images Until recently, California courts did not find that a party had waived arbitration by participating in litigation unless that participation harmed the opposing party. However, in Quach v.