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WHAT WE'RE WATCHING

ON ITS FACE - As if emojis weren't hard enough to interpret in your personal life, they're increasingly raising complicated legal questions as well. Case, literally, in point: A Canadian farmer was just held liable to pay thousands for undelivered flax thanks to a "thumbs-up" emoji he apparently didn't realize had legal impact—and he isn't the first person to experience such repercussions in North America. While many contract attorneys still view emojis as a lighthearted form of communication, Eric Goldman, a law professor at Santa Clara University who has been keeping a record of the role emojis have played in U.S. courts in recent years, told Law.com's Isha Marathe that such an attitude is a mistake. "Emojis can and do have significant legal consequences. They're an integral part of the conversations they're embedded in," Goldman said.

TOUGH TRADEOFF - The stinging defeat that FTC Chair Lina Khan suffered last week in her antitrust fight against Microsoft is emboldening critics to suggest her war against Big Tech is misguided and doomed to fail. At the root of the criticisms is the 34-year-old academic's "sue, don't settle strategy." But other legal observers told Law.com's Chris O'Malley that it's premature to assess Khan's tenure, given the audacity of her mission. They also noted that it's an inherently high-risk, high-reward approach. "The most important reason is she wants to permanently change the law. Settlements don't do that," said John McGinnis, a professor of law at Northwestern University and a former DOJ deputy assistant attorney general. "It makes a much greater difference going forward if she can get precedent on the books."

ON THE RADAR - Lawyers at Fisher & Phillips on Tuesday removed an employment class action against Qdoba Mexican Eats to Washington Western District Court. The suit, filed by Emery Reddy on behalf of a class of job applicants, accuses the restaurant of failing to list the wage scale or salary range and a general description of benefits and other compensation in job postings in violation of the Washington Pay Transparency Law which took effect on Jan. 1, 2023. The case is 2:23-cv-01084, Moliga v. Qdoba Restaurant Corp. Stay up on the latest state and federal litigation, as well as the latest corporate deals, with Law.com Radar.   

EDITOR'S PICKS

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'Continue The Fight': Law Firms Have Organized To Support Abortion Access Efforts By Abigail Adcox