Expert Analysis

• NY's Growing Enviro Reg Framework Will Transform Projects

  

  Three closely connected environmental rulemakings in New York state — concerning greenhouse gas reporting, remediation standards and amendments to the State Environmental Quality Review Act — have reached critical stages, and taken together, they will have major impacts on business operations, construction project timelines and transactional risk, say attorneys at Holland & Knight.

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  Playing Magic: The Gathering Makes Me A Better Lawyer

  

  The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

• What's At Stake For Employers In Fight Over Visa Pause

  

  For employers that rely on foreign talent, the Trump administration’s suspension of immigrant visa issuance for the nationals of 75 countries is creating practical problems, and a recently filed lawsuit challenging the pause could determine whether consular processing, for some, ceases to be an individualized process, says attorney Lisa Eisenberg.

• Improving Well-Being In Law, 10 Years After Landmark Study

  

  An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

• 8 Reasons To Consider Maryland As A 'DExit' Option

  

  While Nevada and Texas have garnered the most attention as alternative states of incorporation for companies considering leaving Delaware, Maryland offers considerable benefits too, including a predictable statutory framework, robust anti-takeover protections, sophisticated business courts with decades of experience, and more, say attorneys at Miles & Stockbridge.

• Small And Midsize Business Finance Faces More State Regs

  

  Recent developments in state credit disclosure, consumer debt collection, and lender licensing and registration requirements suggest that companies extending financing to small and midsize businesses are likely to encounter a significantly more stringent legal climate moving forward, say attorneys at Manatt.

• How Courts Are Clashing Over FinCEN Real Estate Rule

  

  A Texas federal court's recent decision in Flowers v. Bessent has vacated the Financial Crimes Enforcement Network's anti-money laundering rule for residential real estate transfers, but significant uncertainty remains due to the ruling's direct conflict with other recent federal court decisions, say attorneys at Katten.

• What DOL Proposal Signals For 401(k)s, Alternative Assets

  

  The U.S. Department of Labor recently published a highly anticipated proposed rule that could establish more defined pathways for 401(k) plan fiduciaries to consider investment options with greater alternative asset exposure, and help fund sponsors and investment managers develop such options, say attorneys at Cleary.

• GHG Endangerment Finding Repeal Brings New Legal Risks

  

  The U.S. Environmental Protection Agency's 2009 determination that greenhouse gases endanger public health and welfare anchored a matrix of regulation across multiple sectors — and the recent repeal of that finding has fundamentally destabilized the legal landscape governing industrial emissions, corporate liability and climate-related risk management, says Tanya Nesbitt at Thompson Hine.

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  Officiating Football Makes Me A Better Lawyer

  

  Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

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  Law School's Missed Lessons: How To Draft Pleadings

  

  Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

• Legal And Regulatory Keys To Sustainable Building Projects

  

  While the federal government continues to roll back environmental regulations, market momentum toward high-performance, energy-efficient commercial real estate as a defining driver of long-term value remains robust — so developers should understand how applicable standards and regulatory frameworks will affect projects, say attorneys at CGS3.

• E-Discovery Quarterly: Recent Rulings On ESI Control

  

  Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

• Anticipating The Justices' Potential Ruling On Tax Takings

  

  Recent oral arguments in the U.S. Supreme Court case Pung v. Isabella focused on rules for valuation, timing and administrability of tax auction proceeds and whichever method the court adopts for determining just compensation, it will have far-reaching impacts on tax collection, homeowners' equity and the secondary market for tax-foreclosed property, say attorneys at Holland & Knight.

• 2 Discovery Rulings Break With Heppner On AI Privilege Issue

  

  While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.