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Expert Analysis

• A 'Deliberate Indifference' Circ. Split For Prison Medical Cases

  

  Allison Becker and Kendra Stark at Gordon & Rees examine the circuit split over how a patient's incarceration status affects the applicable standard for “deliberate indifference” in correctional medical lawsuits, noting an uptick in cases related to outbreaks and staffing shortages at correctional facilities during the pandemic.

• Prepping For OSHA Standard On Violence Risk In Health Care

  

  Though the Occupational Safety and Health Administration has yet to create a new standard to address violence against health care workers, employers can prepare for coming federal regulatory changes by studying existing state rules and past OSHA citations, then taking steps to improve their safety programs, say attorneys at Ogletree.

• Sales Reps In The Operating Room: How To Manage The Risks

  

  While having a medical device sales representative providing advice during a surgery can be helpful, especially as medical technology continues to advance, their presence can also create exposure to tort claims and litigation alleging unauthorized practice of medicine, say attorneys at Sidley.

• DC Circ. Ruling Puts Issue Class Cert. Under Microscope

  

  The D.C. Circuit's recent Harris v. Medical Transportation Management decision, which pushed back against lax application of Rule 23(c)(4) to certify issue classes as an end-run around the predominance requirement, provides potentially persuasive fodder for seeking to limit the scope of issue classes in other circuits, say attorneys at Skadden.

• Can Class Actions Guide AI Risk Mitigation Efforts?

  

  The speed at which artificial intelligence is developing will likely outpace the legislative response, and two recently filed class actions naming OpenAI as a defendant raise the question of whether existing laws may be used to place some meaningful guardrails on the development of AI, says Thomas Carey at Sunstein.

• Standing Issues Prevail In Wake Of Calif. Competition Ruling

  

  Courts and litigants may grapple with uncertainty in the wake of the California Supreme Court's recent California Medical Association v. Aetna Health decision broadening standing to sue under the state's unfair competition law, and additional litigation will likely be required to develop its contours, say attorneys at Skadden.

• EU's AI Act Is A Glimpse Into Future Compliance Landscape

  

  As the EU's groundbreaking Artificial Intelligence Act moves to the final stage of adoption, its proposed language provides valuable insight into the substantial compliance hurdles that companies across all jurisdictions will face in using generative AI, so U.S. organizations should consider what they can be doing now, say Vivien Peaden and Alexander Koskey at Baker Donelson.

• What Justices' Pork Ruling Means For Interstate Cannabis

  

  The U.S. Supreme Court’s recent National Pork v. Ross ruling added a new wrinkle to dormant commerce clause jurisprudence as the nation’s federal courts grapple with a novel paradox raised by interstate cannabis commerce, and pending appellate cases may shed additional light on these issues later this year, say Tommy Tobin and Andrew Kline at Perkins Coie.

• How High Court Is Assessing Tribal Law Questions

  

  The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.

• Complex Hemp Processes Need Nimble Regulatory Approach

  

  Since the 2018 Farm Bill legalized hemp and certain hemp-derived products, THC limits have presented different issues at each stage of the complex production process, revealing the need for continued adjustments and flexible regulations as Congress deliberates the 2023 Farm Bill, says David Kouba at Arnold & Porter.

• 4 New State Geofencing Bans And How They Differ

  

  Washington, New York, Connecticut and Nevada have now enacted laws prohibiting geofencing around locations that provide certain health care services, but these new laws vary widely, with Washington taking the broadest and most restrictive approach, say Andreas Kaltsounis and Nichole Sterling at BakerHostetler.

• Noncompetes Hold Atty Privilege Pitfalls For Health Industry

  

  Providers negotiating with medical professionals bound by enforceable restrictive covenants must tread carefully due to not only risk of breaching physicians' covenants but also risk of wrongful conduct that pierces attorney-client privilege, says Scott O'Connell at Holland & Knight.

• What Came Of Texas Legislature's Long-Promised Tax Relief

  

  Following promises of historic tax relief made possible by a record budget surplus, the Texas legislative session as a whole was one in which taxpayers that are large businesses could have done somewhat better, but the new legislation is clearly still a positive, say attorneys at Baker Botts.