Expert Analysis

• Assessing The SEC's Changing Approach To NFT Regulation

  

  Early U.S. Securities and Exchange Commission actions on nonfungible tokens pushed for broad regulation, but subsequent court decisions — including a recent California federal court ruling in Adonis Real v. Yuga Labs — and SEC commissioners' statements have narrowed the regulatory focus toward a more fact-specific approach, say attorneys at Wilson Elser.

• Where Crypto Mixing Enforcement Is Headed From Here

  

  Recent developments involving crypto mixers, particularly the Tornado Cash verdict, demonstrate that the Justice Department's shift away from regulation by prosecution does not mean total immunity, rather reflecting an approach that prioritizes both innovation and accountability, says David Tarras at Tarras Defense.

• The Legal Issues With AI Agents In Consumer Transactions

  

  Enabling artificial intelligence agents to handle not just research and recommendations, but the execution of purchases themselves, fundamentally alters commercial relationships and introduces new practical and legal questions for card issuers, merchants, acquirers and consumers, say attorneys at Davis Wright.

• Wash. Email Subject Line Ruling Puts Retailers On The Hook

  

  The Washington state Supreme Court's ruling in Brown v. Old Navy, finding that a state law prohibits misleading email subject lines, has opened the door to nationwide copycat litigation, introducing potential exposure measured not in thousands, but in millions or even billions of dollars for retailers, say attorneys at Benesch.

• How Nasdaq, SEC Proposals May Transform Listing Standards

  

  Both Nasdaq and the U.S. Securities and Exchange Commission have increasingly focused their recent regulatory efforts on small and foreign issuers, particularly those from China, reflecting an intention to strengthen the overall quality of companies accessing U.S. markets, but also potentially introducing a chilling effect on certain issuers, say attorneys at Norton Rose.

• New NCAA Betting Policy Fits Trend Of Eased Restrictions

  

  Allowing NCAA student-athletes to bet on professional sports fits into a decade-long trend of treating college athletes more like adults in a commercial system, but decreasing player restrictions translates to increased compliance burdens for schools, say attorneys at Robins Kaplan.

• Series

  Building With Lego Makes Me A Better Lawyer

  

  Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.

• How Banks Can Safely Handle Payments For Gambling Biz

  

  As the betting market continues to expand, it's crucial for banks and fintechs to track historical developments in wagering and ongoing prediction markets litigation that can factor into a risk analysis for payment processing with respect to gambling operators, says Laura D'Angelo at Jones Walker.

• SEC Focused On Fraud As Actions Markedly Declined In 2025

  

  The U.S. Securities and Exchange Commission's enforcement activity in its fiscal year 2025 was its lowest in 10 years, reflecting not only a significant decline in the commission's workforce, but also Chairman Paul Atkins' stated focus on fraud and individual wrongdoing and a new approach to crypto regulation, say attorneys at Covington.

• Series

  Law School's Missed Lessons: Networking 101

  

  Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.

• Defeating Estoppel-Based Claims In Legal Malpractice Actions

  

  State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.

• How Cos. Can Prep For Tightened Calif. Data Breach Notices

  

  Amid California's recent enactment of S.B. 446, which significantly amends the state's data breach notification laws, companies should review and update their incident response plans by establishing processes to document and support any delayed notification, and ensure the notifications' accuracy, say Mark Krotoski and Alexandria Marx at Pillsbury.

• A Look At State AGs' Focus On Earned Wage Products

  

  Earned wage products have emerged as a rapidly growing segment of the consumer finance market, but recent state enforcement actions against MoneyLion, DailyPay and EarnIn will likely have an effect on whether such products can continue operating under current business models, say attorneys at Quinn Emanuel.

• AI's Role In Google Antitrust Suit May Reshape Tech Markets

  

  The evolution of AI in retail has reshaped the U.S.' antitrust case against Google, which could both benefit small business innovators and consumers, and fundamentally alter future antitrust cases, including the Federal Trade Commission's lawsuit against Amazon, says Graham Dufault at ACT.

• Series

  The Biz Court Digest: How It Works In Massachusetts

  

  Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.