Expert Analysis


The Path Forward For Construction Cos. After Calif. Wildfires

The increasing frequency of disastrous wildfires, like those that recently occurred in California, presents a set of complex challenges for the construction industry, including regulatory hurdles and supply chain disruptions that can complicate rebuilding efforts, say attorneys at Cozen O'Connor.


NWSL's $5M Player Abuse Deal Shifts Standard For Employers

The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.


Protecting Brand Identity In An AI-Driven Marketplace

A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.


What 2nd Trump Admin Means For Ship Pollution Compliance

As the second Trump administration's civil and criminal enforcement policies take shape, the maritime industry must ensure it complies with both national and international obligations to prevent oil pollution from seagoing vessels — with preventive efforts and voluntary disclosures being some of the best options for mitigating risk, say attorneys at Holland & Knight.


23andMe Case Highlights Privacy Complexities In Ch. 11

Attorneys at Pryor Cashman discuss the interplay between a sale of personally identifiable information and bankruptcy law in light of genetics and health company 23andMe's recent filing for Chapter 11 relief.


Know The Rules And Costs Of New Fla. Condo Inspection Law

Following the first report deadline for a structural integrity law meant to prevent disasters like the 2021 Surfside collapse, Florida condominium associations and unit owners should understand the process of conducting compliant inspections and anticipate new assessments to fund required maintenance, say attorneys at Ball Janik.


Mass. AG Emerges As Key Player In Consumer Protection

Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.


SEC Confidential Review Process Provides Issuers Flexibility

The U.S. Securities and Exchange Commission's recently announced enhancements to the process for confidentially submitting draft registration statements will be immediately impactful for issuers seeking to access the public capital markets, and should provide more grounds to explore and plan public offerings, say attorneys at Lowenstein Sandler.


Perspectives

Court-Involved Supervised Release Shows Promising Results

With questions about supervised release currently before the U.S. Supreme Court, the whole of our criminal justice system should look to a successful court-involved supervised release model created by U.S. District Judge Richard Berman, which provides a blueprint for improving reintegration outcomes post-incarceration, say Carrie Cohen and Savanna Leak at MoFo, and Marjorie Berman at Krantz & Berman.


Series

Birding Makes Me A Better Lawyer

Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.


What Pending FCPA Trials Suggest About DOJ Priorities

Following President Donald Trump's executive order in February instructing the U.S. Department of Justice to temporarily pause enforcement of the Foreign Corrupt Practices Act, developments surrounding five FCPA cases already set for trial provide a glimpse into how the DOJ is attempting to navigate the situation at hand, say attorneys at Covington.


Measuring And Mitigating Harm From Discriminatory Taxes

In response to new tariffs and other recent "America First Trade Policy" pronouncements, corporations should assess and take steps to minimize their potential exposure to discriminatory and reciprocal tax measures that are likely to come, say economists at Charles River Associates.


Justices May Clarify What IP Competitors In Litigation Can Say

If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.


How Del. Law Rework Limits Corporate Records Requests

Newly enacted amendments to a section of the Delaware General Corporation Law that allows stockholders and beneficial owners to demand inspection of Delaware corporations' books and records likely curtails the scope of such inspections and aids defendants in framing motions to dismiss at the pleading stage, says Jonathan Richman at Brown Rudnick.


Excerpt from Practical Guidance

What To Know About Restrictions On Former Federal Workers

Amid reductions to the federal workforce, agency counsel should be mindful that workers who are leaving government employment will still be covered by federal ethics restrictions upon their departure, including recusal requirements and temporary and permanent bans, says Rex Iacurci at LexisNexis.


UK's Arbitration Act Is More A Revision Than An Overhaul

The recently enacted U.K. Arbitration Act 2025 represents the most significant update to English arbitration law since 1996, and while it reinforces many strengths that made London the leading arbitral seat, its failure to address certain key areas means the legislation missed the opportunity to truly be a benchmark, say lawyers at RPC.


What Cos. Should Know About U.S. Minerals Executive Order

President Donald Trump's new executive order aimed at boosting U.S. mineral production faces challenges including land use and environmental regulations, a lack of new funding, and the need for coordination among federal agencies, but it provides industry stakeholders with multiple opportunities to influence policy and funding, say advisers at Holland & Knight.


Series

Calif. Banking Brief: All The Notable Legal Updates In Q1

Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.


How To Ensure Confidentiality When Using AI In Discovery

In light of a recent case in the Southern District of New York involving the dissemination of AI-generated content containing confidential information, there are steps that law firms and lawyers should take to protect client and third-party data during litigation, say attorneys at Steptoe.


A Recurring Atty Fee Question Returns To Texas High Court

As the Texas Supreme Court is poised to decide if it will once again address — in Maciejack v. City of Oak Point — when a party must segregate attorney fees it seeks to recover, litigators would be wise to contemporaneously classify fees as either recoverable or unrecoverable, say attorneys at Munck Wilson.



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Special Series


My Hobby Makes Me A Better Lawyer

In this Expert Analysis series, attorneys share how their unusual extracurricular activities enhance professional development, providing insights and pointers that translate to the office, courtroom and beyond.




Adapting To Private Practice

In this Expert Analysis series, attorneys who have made the move from government work to private practice in the last few years reflect on how they transitioned to law firm life, and discuss tips for others.




Opinion


7 Ways CFTC Should Nix Unnecessary Regulatory Burdens

Several U.S. Commodity Futures Trading Commission regulations do not work efficiently in practice, all of which can be abolished or improved in order to comply with a recent executive order requiring the elimination of 10 regulations for every new one implemented, say attorneys at K&L Gates.

Congress Must Reform The PTAB To Protect Small Innovators

Lawmakers must reintroduce the Promoting and Respecting Economically Vital American Innovation Leadership Act or similar legislation to prevent larger companies from leveraging the Patent Trial and Appeal Board to target smaller patent holders, says Schwegman Lundberg's Russell Slifer, former deputy director of the U.S. Patent and Trademark Office.



Access to Justice Perspectives


Court-Involved Supervised Release Shows Promising Results

With questions about supervised release currently before the U.S. Supreme Court, the whole of our criminal justice system should look to a successful court-involved supervised release model created by U.S. District Judge Richard Berman, which provides a blueprint for improving reintegration outcomes post-incarceration, say Carrie Cohen and Savanna Leak at MoFo, and Marjorie Berman at Krantz & Berman.





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