News Type: Articles

Kelly Hagemann and Nicole Benalcazar break down a pivotal issue for digital health platforms in their new article published by Healthcare Business Today titled, “AKS Compliance Isn’t a Hall Pass for Digital Provider Marketplaces.” Though recent federal cases offer meaningful guidance on neutral advertising and per-booking fee models, Kelly and Nicole highlight that the real hurdles often arise under stricter state laws governing kickbacks, fee-splitting, and CPOM. Their analysis offers valuable perspective for digital health companies aiming to build marketplace models that scale nationwide without triggering avoidable compliance risks.

Ruth Paley offers a compelling look at what may be the next major shift in corporate liability in her latest piece—this one for inCompliance titled “From prevention to attribution: The next frontier of corporate liability.” Drawing on her deep experience in corporate crime and investigations, Ruth breaks down how the UK’s evolving framework—including the ECCTA and proposed Policing and Crime Bill—could dramatically broaden exposure for companies and senior managers across functions. Her analysis is a must-read for compliance leaders navigating a landscape where day-to-day decision-making, operational judgments, and even routine workflows may now carry heightened risk.

Meredith Bobber Strauss, Mindy Lewis, and Jon-Jamison Hill take a deep dive in Westlaw Today into the growing legal storm impacting Live Nation. This is a rare moment when private class action claims, DOJ antitrust scrutiny, and fresh FTC enforcement are converging to challenge the business model of a dominant market player, and their analysis, “The Live Nation Litigation Minefield: Lessons From a Legal Crossroads for the Live Entertainment Industry and Beyond,” unpacks what this wave of litigation means not only for the live entertainment sector, but also for companies relying on exclusivity provisions, vertically integrated platforms, or mass-arbitration clauses.

Aaron Plesset and Marc Jacobs take on what California’s stalled CIPA reform means for businesses in their latest piece for Bloomberg Law is unmistakable: with SB 690 on ice, companies are left to navigate a 58-year-old privacy statute now being used to challenge modern analytics tools. Their article explores the surge in litigation, why routine data-collection practices remain in the crosshairs, and the concrete steps organizations should take to mitigate risk while lawmakers regroup. This is a timely and important read for any business operating online.

Aaron Plesset and Marc Jacobs address the accelerating wave of CIPA litigation in a new article published by Reuters. In the piece, they offering insights into how a 1960s wiretapping statute has become a frontline risk for modern businesses and marketers. With privacy reform stalled in Sacramento and plaintiffs’ firms stepping up filings, companies and agencies alike are navigating a landscape where common analytics tools can trigger multimillion-dollar exposure. Aaron and Marc outline what’s driving the surge, why compliance can’t be a check-the-box exercise, and how organizations can get ahead of the next round of claims. A timely and important read for anyone operating in California’s digital economy.

Jane Kutepova has written a smart and timely article in Area Development breaking down a question the construction industry can no longer afford to ignore: Who’s liable when AI starts making the decisions? As Jane explains, AI is now embedded in design, scheduling, safety, and equipment operation, yet most construction contracts still don’t account for it. That gap creates real exposure when algorithms go wrong, from faulty generative design outputs to missed hazards on busy jobsites. Jane’s thought leadership lays out the emerging risks and why it’s time for owners, contractors, and suppliers to rethink their agreements and address the rise of the AI clause. A terrific read on a fast-moving issue at the intersection of technology, risk, and the built environment.

Ruth Paley writes in FT Adviser about the expanding reach of corporate criminal liability, and why even the most sophisticated compliance programs can’t substitute for a culture of accountability. In her latest article titled, “Compliance rules are expanding but only culture can truly prevent,” Ruth explains how Section 196 of the Economic Crime and Corporate Transparency Act, together with the proposed crime and policing bill, could expose companies to criminal liability for the acts of senior managers — this even absent knowledge or benefit. She explores the practical implications for boards, compliance officers, and leadership teams, emphasizing the urgent need to redefine governance, reporting, and cultural expectations across organizations.

Meredith Bobber Strauss has written an article for Law360 titled “$233M Disney Deal Shows Gravity Of Local Law Adherence,” which offers an incisive look at how Anaheim’s Measure L wage ordinance led to one of the largest wage and hour class action recoveries in California’s history. In the piece, Meredith explores how municipal wage laws—like Measure L—can transform long-standing subsidy agreements into significant compliance exposures, particularly for employers in the entertainment, hospitality, and tourism sectors. Her analysis offers valuable perspective on the growing impact of local wage governance and its reputational and financial implications for businesses nationwide.

Warren Koshofer and Seth Liebenstein break down the fast-evolving intersection of energy strategy, infrastructure, and law in POWER Magazine. Their article, “Power, Proximity, Policy: The Legal Landscape of Siting Data Centers Near Natural Gas Resources,” explains how data center developers—driven by the massive electricity demands of cloud computing, AI, and enterprise storage—are increasingly clustering facilities near abundant natural gas assets. This proximity offers access to stable, dispatchable power and established infrastructure, but also introduces a web of regulatory, environmental, and contractual complexities that require nuanced legal navigation.

Warren Koshofer explores how the Make America Beautiful Again (MABA) initiative redefines the intersection of environmental policy and economic opportunity in his latest article for Area Development titled “A New Era in Conservation and Economic Opportunity.” In this insightful piece, Warren breaks down how MABA’s incentive-based framework creates a path for businesses to engage in conservation and sustainability while driving growth and profitability across industries from energy to agriculture. An important read for executives navigating the evolving landscape of environmental and economic strategy.