Expert Analysis

• Anticipating Jarkesy's Effect On Bank Agency Enforcement

  

  Following the U.S. Supreme Court’s decision in U.S. Securities and Exchange Commission v. Jarkesy, federal courts may eventually issue decisions on banking law principles and processes that could fundamentally alter the agencies' enforcement action framework, and the relationship between banks and examiners, says Brendan Clegg at Luse Gorman.

• CFTC Anti-Fraud Blitz Is A Warning To Carbon Credit Sellers

  

  With its recent enforcement actions against a carbon offset project developer and its senior executives for reporting false information about the energy savings of the company's projects, the Commodity Futures Trading Commission is staking out its position as a primary regulator in the voluntary carbon credit market, say attorneys at Morgan Lewis.

• Unpacking State AG Approaches To Digital Asset Enforcement

  

  Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.

• Opinion

  Legal Institutions Must Warn Against Phony Election Suits

  

  With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

• Peeling Back The Layers Of SEC's Equity Trading Reforms

  

  The U.S. Securities and Exchange Commission's recently adopted amendments lowering the tick sizes for stock trading and reducing access fee caps will benefit investors and necessitate broad systems changes — if they can first survive judicial challenges, say attorneys at Sidley.

• 5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight

  

  A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.

• How Cos. Can Build A Strong In-House Pro Bono Program

  

  During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

• Series

  Home Canning Makes Me A Better Lawyer

  

  Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

• CFPB School Lunch Focus Could Expand E-Payment Scrutiny

  

  The Consumer Financial Protection Bureau's recent spotlight on payment processing systems used to add funds to school lunch accounts shows its continued ambitions to further expand its supervisory power in the payments industry, all the way down to the school lunch market, says Tom Witherspoon at Stinson.

• A Narrow Window Of Opportunity To Fix Energy Transmission

  

  A post-election effort of the coming lame-duck congressional session may be the only possibility to pass bipartisan legislation to solve the national grid's capacity deficiencies, which present the greatest impediment to realizing state and federal energy transition and emissions reduction goals, says David Smith at Manatt.

• How Project 2025 Could Upend Federal ESG Policies

  

  If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.

• Compliance Pointers For Amended Pa. Data Breach Law

  

  Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.

• Smith's New Trump Indictment Is Case Study In Superseding

  

  Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.

• Opinion

  FDIC's Foray Into Index Fund Rules Risks Regulatory Chaos

  

  A proposed Federal Deposit Insurance Corp. rule concerning control over passive index fund investments in banks is outside the agency's remit, clashes with an existing Federal Reserve process and would inhibit competition in the index fund sector, says J.W. Verret at George Mason University.

• Use The Right Kind Of Feedback To Help Gen Z Attorneys

  

  Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.