Expert Analysis

• Calculating Damages In IEEPA Tariff Refund Litigation

  

  To calculate damages in the spate of refund litigation triggered by the U.S. Supreme Court's recent decision invalidating tariffs collected under the International Emergency Economic Powers Act, the central question will be how to determine where in the supply chain their economic burden ultimately came to rest, say analysts at Charles River Associates.

• Opinion

  Futures Market Anonymity Now Presents A Structural Problem

  

  Following anomalous trading on prediction markets just before major recent policy announcements from the Trump administration, many have called on Congress to act, but the problem is not primarily a statutory gap — it is a structural one, built into the self-regulatory model that governs futures exchanges, says Tamara de Silva at De Silva Law Offices.

• 'Made In America' Rules Raise Stakes For Gov't Contractors

  

  The convergence of widely varying "buy American" requirements, increased enforcement efforts and continuing regulatory attempts to limit foreign sourcing suggests that government contractors should carefully review their supply chain and country-of-origin compliance to remain competitive, say attorneys at Arnold & Porter.

• Series

  Alpine Skiing Makes Me A Better Lawyer

  

  Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

• 3 Federal Policy Trends Shaping Data Center Power

  

  With the White House, the Federal Energy Regulatory Commission and Congress each pushing energy policies that will influence how data centers are sited, powered and interconnected for years to come, industry stakeholders should understand compliance obligations, consider possible downstream effects, and evaluate off-grid and self-supply energy options, say attorneys at ArentFox Schiff.

• Axed Trade Secret Award Cautions Against Bundling Damages

  

  The Fifth Circuit's recent ruling in Trinseo v. Harper, vacating a $75 million jury verdict for trade secret misappropriation due to a bundled damages model, offers a strong reminder to apportion damages so a jury can award a nonspeculative figure when it credits only some alleged secrets, say attorneys at Seyfarth.

• 2 Rulings Poke Holes In Mandatory Restitution Framework

  

  The U.S. Supreme Court’s recent ruling in Ellingburg v. U.S., as well as the Third Circuit’s recent ruling in U.S. v. Abrams, provide criminal defense practitioners with new tools to challenge Mandatory Victims Restitution Act orders, and highlight several restitution-related issues that converged in the recent prosecution of former Frank CEO Charlie Javice, say attorneys at Lankler Siffert & Wohl.

• What Voluntary Calif. Carbon Reports Show About Compliance

  

  While the enforcement of California's S.B. 261 is currently paused due to a Ninth Circuit injunction, more than 130 companies have nonetheless chosen to voluntarily publish climate-related financial risk disclosures, providing a useful snapshot of how the market is interpreting the law's requirements in practice, say attorneys at DLA Piper.

• Why MDLs Slow Down — And How To Speed Them Up

  

  Multidistrict litigation has become central to mass tort practice, but as MDLs grow in size and complexity, so do delays and costs — so tools like the new federal rule governing MDLs, targeted use of special masters and strategically deployed Lone Pine orders are more essential than ever, say attorneys at Ice Miller.

• What A Court Doc Audit Reveals About Erroneous Filings

  

  My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

• Dubai Ruling Delineates Standard For Foreign Arbitration Aid

  

  By delineating the limits of its jurisdiction with clarity, in the recent Orabelle v. Orzenia decision, the Court of First Instance of the Dubai International Financial Centre Courts enhances predictability and reinforces the court's standing as a forum combining international openness with strict adherence to statutory constraints, says Josep Galvez at 4-5 Gray's Inn.

• Parsing Rule 12(c) Motion Overuse In Securities Class Actions

  

  Defendants in securities class actions have more frequently been filing motions for judgment on the pleadings following the denial of motions to dismiss, but courts have recently demonstrated an increasing willingness to reject these previously rare motions, finding them transparent attempts to relitigate already-decided issues, say attorneys at Labaton Keller.

• Unused Nuke Licenses Offer Shortcut For New Reactor Builds

  

  While much has been done to accelerate the deployment of new nuclear generation, a number of still-valid licenses issued by the Nuclear Regulatory Commission for reactors that have not yet been built represent an unutilized resource for project developers looking to start construction quickly, say attorneys at K&L Gates.

• Series

  Ultramarathons Make Me A Better Lawyer

  

  Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

• Proactive Risk Allocation Reduces Infrastructure Disputes

  

  Recent wrangling between federal and state officials over the Gateway Program illustrates how quickly funding and project governance disputes can disrupt significant public infrastructure initiatives — and highlights that the way risks are contractually allocated can determine whether disagreements are resolved efficiently or lead to costly delays, says Thibaut Giret at Alstef Group.