Expert Analysis

• New York Climate Superfund Law May Face Preemption Fight

  

  New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives — but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.

• US-China Deal Considerations Amid Cross-Border Uncertainty

  

  With China seemingly set to respond to the incoming U.S. administration's call for strategic decoupling and tariffs, companies on both sides of the Pacific should explore deals and internal changes to mitigate risks and overcome hurdles to their strategic plans, say attorneys at Covington.

• Series

  Playing Rugby Makes Me A Better Lawyer

  

  My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

• Updated FWS Regs Will Streamline Right-Of-Way Permitting

  

  Although the U.S. Fish and Wildlife Service's final rule covering rights-of-way across lands administered by the service will bring increased up-front fees and stricter permit terms and conditions, it also provides a clearer application process and should reduce permitting delays and total costs, say attorneys at Holland & Hart.

• Nippon, US Steel Face Long Odds On Merger Challenge

  

  Following the Committee on Foreign Investment in the United States' review of Japan's Nippon Steel's proposed acquisition of U.S. Steel, the companies face a formidable uphill battle in challenging the president's exercise of authority to block the deal on national security grounds, say attorneys at Kirkland.

• Opinion

  No, Litigation Funders Are Not 'Fleeing' The District Of Del.

  

  A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

• Hydrogen Regs Will Provide More Certainty — If They Survive

  

  Newly finalized regulations implementing the Section 45V clean hydrogen tax credit allow producers more flexibility, and should therefore help put the industry on more solid footing — but the incoming Trump administration and Republican Congress will have multiple options for overturning or altering the regulations, say attorneys at Steptoe.

• 5 E-Discovery Predictions For 2025 And Beyond

  

  In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

• Climate Disclosure Spotlight Shifts To 2 Calif. Laws

  

  With Donald Trump's election spelling the all-but-certain demise of the proposed federal climate disclosure rules, new laws in California currently stand as the nation's only broadly applicable climate disclosure requirements — and their brevity is both a blessing and a curse, say attorneys at Davis Polk.

• Final Hydrogen Tax Credit Regs Add Flexibility For Producers

  

  The recently released final regulations implementing the Inflation Reduction Act's clean hydrogen production tax credit offer taxpayers greater flexibility, reducing risk and creating more certainty for investments in the industry, thus diminishing — but not eliminating — the risk of legal challenges to the regulations, say attorneys at Steptoe.

• How Decline Of Deference Will Affect Trump Policymaking

  

  An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

• Anticipating The Maritime Sector's Future Under Trump 2.0

  

  With the Republicans taking control of a governance trifecta, the maritime sector should brace for both familiar leadership and new change that could significantly shift shipping and defense priorities, say attorneys at Holland & Knight.

• 7 Ways 2nd Trump Administration May Affect Partner Hiring

  

  President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

• How Trump 2.0 May Change Business In Latin America

  

  Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.

• E-Discovery Quarterly: Rulings On Custodian Selection

  

  Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.