Expert Analysis

• How State Actions Are Reshaping Surveillance Pricing Risk

  

  Amid heightened state enforcement activity and expanding legislative action to curb surveillance pricing concerns related to transparency, fairness and discrimination, businesses should closely examine how consumer data is used in pricing decisions, say attorneys at Steptoe.

• Defense Tips For Execs In DOJ's Tariff Fraud Crosshairs

  

  As the Justice Department begins to criminally prosecute individual executives for tariff evasion, every importer of goods subject to elevated duties should understand how these cases are being built and which institutional decisions can shape their outcome, says Ashwin Ram at Buchalter.

• Tips For Issuers Left In Lurch Without Genius Act Final Rules

  

  The compliance runway envisioned by the Genius Act is steadily shrinking after regulators failed to finalize all the required implementing regulations by July 18, so stablecoin issuers should begin implementing "no-regrets" compliance measures and securing outside vendors before the law takes full effect in January, says David Zaslowsky at Baker McKenzie.

• Why Courts Are Pushing Back On Greenwashing Laws

  

  Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

• 3 Ways Tokenization Is Moving To Traditional Finance

  

  Recent initiatives reflect efforts to integrate distributed ledger technology into existing regulatory frameworks for securities, banking and payments settlements while preserving the underlying rights and obligations of market participants, say attorneys at Hughes Hubbard.

• Opinion

  States Should Reconsider Forced PBM Divestiture Laws

  

  State legislatures are attempting to enact policies intended to force pharmacy benefit managers to divest from pharmacies, but these laws would have the practical effect of reducing patient access and competition, potentially violating the U.S. Constitution in the process, says former Utah Attorney General John Swallow.

• Key Post-Proposal Shifts Likely In CFPB Loss Mitigation Rule

  

  Mortgage servicers, borrowers and consumer advocates should prepare for a likely narrowed version of the Consumer Financial Protection Bureau's loss mitigation rule, which is likely to permit sequential reviews, defer to investor guidelines, extend compliance timelines and preempt conflicting state standards, say attorneys at Goodwin.

• Series

  Teaching SEC Investigations Makes Me A Better Lawyer

  

  Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

• Monsanto Ruling Bolsters Generic Drug Labeling Preemption

  

  The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

• Noncompete Laws Show States Focusing On Bans, Healthcare

  

  The first half of 2026 confirms that state legislatures are driving the most consequential changes in noncompete law, including a few state bans and several healthcare-specific laws, making a one-size-fits-all approach increasingly untenable for multistate employers, say attorneys at Faegre Drinker.

• What's Inside Proposed, Expanded NY Stablecoin Regulations

  

  New York's recently proposed regulations for payment stablecoin issuers would, if adopted, increase the regulatory burdens of a state license, and midsize issuers considering a conversion to a federal charter should weigh the associated costs of both options, say attorneys at Lowenstein Sandler.

• What Corporate Counsel Can Learn From OpenAI Test Breach

  

  The significance of the recent artificial intelligence testing breach involving OpenAI and Hugging Face lies in what it reveals about the path of AI’s evolution, because legal professionals must translate that trajectory into actionable governance, contractual and advisory frameworks, says Jason Mueller at Vorys.

• Rare DOJ Military Bias Suit Shows Peril Of Co. Admissions

  

  Although the government rarely litigates Uniformed Services Employment and Reemployment Rights Act claims against private employers, Opara v. UV Memory Care demonstrates that it will do so when an employer's own admissions build the case, potentially resulting in significant compliance obligations and long-term consequences, says Bradford Kelley at Littler.

• State Of Insurance: Q2 Notes From Pennsylvania

  

  Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

• Ala. Bank Case Tells A Cautionary Tale On Collateral Risks

  

  The Alabama Supreme Court's recent decision in U.S. Bank Trust National v. Bonilla, concerning a residential foreclosure gone awry, teaches that, beyond the common refrain of knowing your customer, banks should also take steps — such as obtaining a survey or purchasing title insurance — to know their collateral, says Danielle Douglas at Adams & Reese.