Expert Analysis

• How SEC Civil Penalties Became Arbitrary: The Framework

  

  An examination of how the U.S. Securities and Exchange Commission has recently applied guidelines governing the imposition of monetary penalties in enforcement actions shows that civil penalty awards in many cases are inconsistent with the rules established to structure them, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.

• How A 1947 Tugboat Ruling May Shape Work Product In AI Era

  

  Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

• What's New In ISS' Benchmark Voting Policy Updates For 2026

  

  Companies should audit their governance structures and disclosures to prepare for the upcoming proxy season in light of Institutional Shareholder Services' 2026 policy updates, which include tighter guardrails on capital structures and director compensation, and more disclosure-driven assessments of environmental and social shareholder proposals, say attorneys at Fenwick.

• Navigating Privilege Law Patchwork In Dual-Purpose Comms

  

  Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

• Banking Regulation Themes To Anticipate In 2026

  

  The banking enforcement and rulemaking agenda for this year is likely to reflect a mix of targeted reform, deregulatory recalibration and new priorities aligned with supervisory modernization, says Kim Prior at King & Spalding.

• 2 OFAC Sanctions Actions Highlight PE Compliance Risk

  

  Recent Office of Foreign Assets Control enforcement actions against two private equity firms for facilitating sanctioned persons' access to the U.S. financial system underscore the need for nonbank financial institutions' compliance programs to consider the sanctions risk of their investors, including indirect dealings with blocked persons, say attorneys at Paul Weiss.

• Easing Equity Research Firewall Shows SEC Open To Updates

  

  The U.S. Securities and Exchange Commission’s recent agreement to modify a decades-old settlement meant to limit investment bankers’ influence over research analysts within major broker-dealer firms reflects a shift toward a commission that recognizes how rules can be modernized to lighten compliance burdens without eliminating core safeguards, say attorneys at Ropes & Gray.

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  Fly-Fishing Makes Me A Better Lawyer

  

  Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.

• 4 Ways GCs Can Manage Growing Service Of Process Volume

  

  As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.

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  NY Banking Brief: All The Notable Legal Updates In Q4

  

  In the fourth quarter of last year, New York state enacted several developments that affect financial services regulation and business, cementing upcoming compliance obligations including cybersecurity best practices and retail stores' cash management, says Chris Bonner at Barclay Damon.

• SDNY Atty Signals Return To Private Fund Valuation Scrutiny

  

  Recent remarks by the U.S. Attorney for the Southern District of New York — hinting that regulators are renewing their focus on private fund advisers who overvalue portfolio assets to drive up investor fees — should prompt firms to review their valuation methodologies and address potential conflicts of interest now, say attorneys at Debevoise.

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  The Law Firm Merger Diaries: Forming Measurable Ties

  

  Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.

• OFAC Sanctions Will Intensify Amid Global Tensions In 2026

  

  The Office of Foreign Assets Control will ramp up its targeting of companies in the private equity, venture capital, real estate and legal markets in 2026, in keeping with the aggressive foreign policy approach embraced by the Trump administration in 2025, say attorneys at Holland & Knight.

• Wis. Sanctions Order May Shake Up Securities Class Actions

  

  A Wisconsin federal court’s recent decision to impose sanctions on a plaintiffs law firm for filing a frivolous Private Securities Litigation Reform Act complaint in Toft v. Harbor Diversified may cause both plaintiffs and defendants law firms to reconsider certain customary practices in securities class actions, says Jonathan Richman at Brown Rudnick.

• 5 E-Discovery Predictions For 2026 And Beyond

  

  2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.