Expert Analysis

• How FCA, FCPA Risks Are Shifting As Feds Pull Back

  

  As the federal government continues its retreat from white collar enforcement, companies should expect False Claims Act risk to grow through private whistleblower suits and Foreign Corrupt Practices Act scrutiny to shift toward foreign prosecutors, requiring more adaptability as accountability becomes less centralized, says Temidayo Aganga-Williams at Selendy Gay.

• USTR Forced Labor Tariff Plan Pushes Trade Recourse Limits

  

  Tariffs recently proposed by the U.S. Trade Representative’s Office, which determined that 60 countries failed to implement adequate forced labor protections, expand the use of existing trade remedies to address global supply chain labor standards, potentially inviting both practical adjustments by businesses and careful legal scrutiny, says attorney Sohan Dasgupta.

• If Upheld, Wash. Millionaire Tax Could Upend State Law

  

  The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

• 3 New Pay Transparency State Laws Raise Compliance Risks

  

  Wage transparency measures taking effect in Delaware, Maine and New Jersey add a layer of complexity to the hiring landscape and highlight the need for employers to develop thorough compliance strategies while navigating the laws' ambiguities, say attorneys at Foley & Lardner.

• New State AI Laws Create Dual Misrepresentation Risk

  

  As artificial intelligence transparency laws are enacted across the country and the volume and specificity of compliance records increase, companies will be required to speak more often, more precisely and to more audiences about the same systems, compounding the risk of litigation, say attorneys at Cooley.

• Series

  Cow Horse Makes Me A Better Lawyer

  

  Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

• Unpacking The Take It Down Act's Compliance Ambiguities

  

  The Federal Trade Commission’s recent guidance concerning the Take It Down Act suggests that covered platforms should build removal systems immediately and prioritize compliance, but until courts or regulators provide additional clarity, companies will be navigating a statutory framework that is urgent and uncertain, says Laura-Kate Bernstein at ZwillGen.

• Protecting AI-Driven Innovation In Life Sciences IP

  

  Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

• NY's UCC Updates Spell Change In Digital Asset Lending

  

  Given the state’s role as a preferred jurisdiction for financing transactions, New York’s recent enactment of Uniform Commercial Code amendments, which establish control as a central concept for determining who has rights to a digital asset, will encourage nationwide growth toward a more technology-neutral approach to secured transactions, say attorneys at Manatt.

• How Trump's Nuclear EO Has Transformed The NRC

  

  In the year since President Donald Trump issued Executive Order No. 14300, directing sweeping reforms of the U.S. Nuclear Regulatory Commission, the agency has revised key oversight programs and proposed major rulemakings and new licensing frameworks — but the NRC must continue to center transparency and trust as key values, says Brooke Clark at Morgan Lewis.

• Opinion

  Agentic AI And Securities Law: Steps Congress Should Take

  

  Agentic artificial intelligence technology doesn't fit comfortably into the existing securities regulatory landscape, so Congress should avoid repeating the mistakes that led to the legal uncertainty crypto companies and investors have faced over the past decade-plus by providing a legislative framework before AI fully matures, says Joseph A. Hall at Davis Polk.

• Weighing Trade-Offs Of SEC's Semiannual Reporting Proposal

  

  Though public companies could benefit from a recent U.S. Securities and Exchange Commission proposal that would allow them to file earnings reports just twice a year, widespread adoption could also increase market volatility, complicate capital raising and fragment disclosure standards to the detriment of issuers and investors, say attorneys at Seward & Kissel.

• High Court's Hikma Decision Reshapes 'Skinny Label' Suits

  

  The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

• Virginia's Cannabis Retail Veto Leaves Industry In Legal Limbo

  

  Virginia Gov. Abigail Spanberger's recent veto of legislation that would have established a regulated retail cannabis framework halts momentum built by the General Assembly, but it also sends important signals about what a future regulatory framework must address to survive, says Charles Slemp at Cozen.

• Opinion

  At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

  

  In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.