A recent decision in United States v. Heppner appears to be the first federal ruling to directly address attorney‑client privilege and work‑product issues arising from a non‑lawyer’s use of a consumer-grade insecure AI tool for legal research. The court held
Minding Your Business
Proskauer’s perspective on developments and trends in commercial litigation.
Minding Your Business, published by Proskauer Rose LLP, covers legal developments and issues affecting businesses across various sectors. The blog addresses topics such as securities litigation, regulatory compliance, corporate governance, labor and employment law, privacy and cybersecurity, and emerging legal challenges in technology and innovation. It also discusses litigation risks in specialized industries like aerospace and sports, transparency in court proceedings, consumer protection enforcement actions, and the impact of biometric data and virtual reality on sports law. The blog provides insights into regulatory changes, enforcement trends, and legal strategies relevant to corporate clients and legal practitioners.
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English Court of Appeal Clarifies High Threshold for Withholding Disclosure on Grounds of Foreign Regulatory Confidentiality
In Various Claimants v Standard Chartered plc [2025] EWCA Civ 1581, the English Court of Appeal considered when a party is entitled to withhold disclosure on the basis that documents are subject to foreign regulatory confidentiality or may expose…
It’s Not All Rocket Science: Aerospace Ambitions and Litigation Risk
Aerospace startups often begin with a dream to provide cheaper, better, or faster solutions for aviation and space flight, and the ambition to make that dream a reality. Although optimism fuels innovation, as aerospace startups transition from venture funding into…
The Widening Of Public Access to Court Documents Under Practice Direction 51ZH: A Review and Comparison to the US Position on Transparency in Proceedings
The United Kingdom Public Documents Pilot Scheme (the “Pilot”) will come into force on January 1, 2026 and will be introduced under the new Practice Direction 51ZH “Access to Public Domain Documents” (“PD 51ZH”). The Pilot will significantly expand and…
Beyond the Click-to-Cancel Rule: the FTC Finds its Power in the Amazon Settlement
On September 25, in a landmark resolution that underscores the FTC’s renewed focus on digital consumer protection, Amazon agreed to pay $2.5 billion—including a $1 billion civil penalty and $1.5 billion in consumer refunds—under the Settlement Order in FTC v.…
FTC Releases Shutdown Plan, Will Continue to Accept HSR Filings
The Federal Trade Commission (“FTC”) released a shutdown plan dated September 29, 2025, outlining how it will operate during this lapse in appropriations.
FTC Commissioners are presidential appointees and are excepted from furlough during the shutdown. According to the shutdown…
The Next Frontier in Sports: Legal Ramifications of Biometric Data and Virtual Reality Innovation
The rapid expansion of biometric technologies in sports has created both significant opportunities and complex legal challenges. The proliferation of wearable devices and data collection tools has ushered in what amounts to a “gold rush” for athletes, teams, universities, and…
From Grocery Aisles to Courtrooms: What’s Next In Ultra-Processed Food Litigation and Regulation
For many consumers, understanding the composition of food products is key to making informed decisions about healthy eating. As ultra-processed foods (“UPFs) occupy a growing share of grocery stores and American diets, UPFs have drawn increasing scrutiny by litigators, regulators,…
Compulsory Initial Disclosures are Here to Stay in California: Now What?
The California legislature’s efforts to streamline the discovery process, promote transparency and fairness in civil proceedings, and reduce discovery abuse began in 2019, when California Code of Civil Procedure (C.C.P.) § 2016.090 was amended to provide for initial disclosures, but only…
DOJ’s New Antitrust Whistleblower Rewards Program: Why Speed and Internal Trust Matter More Than Ever
Last month, the U.S. Department of Justice (DOJ) Antitrust Division launched its first monetary whistleblower rewards program in partnership with the U.S. Postal Service (USPS). The program offers potential monetary rewards to individuals who report evidence of antitrust crimes and…