Expert Analysis

• A New Defense For Medicaid Fraud Cases In Texas

  

  The Texas Supreme Court decision in LabCorp v. Texas last month, finding that the state's False Claims Act requires proof that an omission is material, is among the first to establish that the government's lack of reaction to the defendant's disclosures rendered alleged omissions immaterial, say attorneys at Sheppard.

• Pregnancy Bias Suits Highlight EEOC's Expanding Reach

  

  Recent U.S. Equal Employment Opportunity Commission suits show that enactment of the Pregnant Workers Fairness Act has drawn scrutiny to a wider range of employment decisions and an increasing focus on individual decisions as indicators of whether an employer's policies comply with evolving federal requirements, say attorneys at Krevolin Horst.

• Proof, Not Just Timing, Will Decide Clean Energy Credits

  

  For wind and solar projects that sprinted to begin construction before the accelerated placed-in-service deadline of July 4, project owners must now assemble and maintain documentation to qualify the project and defend against a potential clean energy credit audit, says Peter Lowy at Nelson Mullins.

• Agentic AI And Securities Law: Who Is The Adviser?

  

  Securities regulation has always been actor-based, but as agentic artificial intelligence becomes more common, it will push the law toward a partially system-based framework in which systems themselves, and the relationships between them and their deployers, are the focus of regulatory attention, says Joseph A. Hall at Davis Polk.

• Mitigating Employer Risk In Immigration Compliance Visits

  Excerpt from Practical Guidance

  

  As Fraud Detection and National Security Directorate site visits become an increasingly important tool to verify that the details in employment-based immigration petitions match the reality of the workplace, employers can reduce their risk by treating preparedness as part of their immigration compliance program, says Morgan Bailey at Mayer Brown.

• Quantum Readiness May Paradoxically Raise Contractor Risk

  

  The organizations best positioned for the cryptographic system migration deadlines and other requirements under President Donald Trump’s recent quantum executive orders will be those able to inventory their cryptographic dependencies while protecting their vulnerability road map from adversaries, says Jesse Lemon at The Beckage Firm.

• What Ex-CFPB Head's Calif. Role May Foretell For Oversight

  

  California Gov. Gavin Newsom's selection of former Consumer Financial Protection Bureau Director Rohit Chopra to lead a new consumer agency signals tougher state financial services oversight, especially for fintechs, as well as heightened enforcement activity and larger penalties, say attorneys at WilmerHale.

• Why SEC Climate Rule Rescission Wouldn't End Disclosure

  

  If the U.S. Securities and Exchange Commission's recent proposal to rescind its 2024 climate-related disclosure rules is adopted, companies would no longer need to prepare for the rules' specific governance, emissions, attestation, financial statement and tagging requirements, but several important constraints would remain, say attorneys at Venable.

• Have Private Suits Filled Gap Left By SEC's Crypto Pullback?

  

  In the wake of the U.S. Securities and Exchange Commission's regulatory retreat in the crypto space, private litigants have pursued claims across different types of crypto-related activities and market participants, but whether private lawsuits have replaced SEC enforcement remains unclear, says Simona Mola at NERA.

• Justices Stand On Statutory Specifics In Cisco And Landor

  

  With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

• New Va. Finance Laws Signal Consumer Protection Push

  

  Virginia's 2026 legislative session produced several noteworthy developments for financial institutions, including garnishment reforms, mortgage assumption requirements and debt collection reforms, signaling broader trends toward increased consumer protection, enhanced fraud prevention obligations and greater accountability in financial services operations, says Jay Spruill at Woods Rogers.

• A Potential Turning Point For Short-And-Distort Claims

  

  A California federal jury's conviction of Andrew Left signals that the historically blurry line between securities fraud and legitimate criticism of companies is growing clearer, and that there is a viable recourse against so-called short-and-distort campaigns intended to create a false impression of the market, say attorneys at Baker McKenzie.

• How Montgomery Ruling Will Affect Cos. Across Supply Chain

  

  Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

• Lessons From EEOC Suit Over Coca-Cola Women-Only Event

  

  The U.S. Equal Employment Opportunity Commission's recent lawsuit alleging that Coca-Cola Northeast violated federal law by having a professional development retreat for female employees demonstrates that the EEOC is scrutinizing DEI-related practices with unprecedented intensity, so even the most well-intentioned programs may be challenged, say attorneys at Venable.

• High Court's FCC Fine Ruling Reframes Agency Enforcement

  

  The U.S. Supreme Court's recent decision in Federal Communications Commission v. AT&T sweeps aside uncertainty about what kinds of regulatory enforcement trigger a Seventh Amendment right, say attorneys at Squire Patton.