Expert Analysis

• The Ethics And Practicalities Of Representing AI Agents

  

  With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

• OCC Proposal Frames Key Genius Act Implementation Issues

  

  The Office of the Comptroller of the Currency's recently proposed rule under the Genius Act previews federal expectations on permissible activities for stablecoin issuers, offering an early guide to potential compliance burdens and state-federal equivalency debates as the stablecoin regulatory regime continues to take shape, say attorneys at Alston & Bird.

• FCC Rule Changes Could Accelerate The Space Economy

  

  A series of recently proposed Federal Communications Commission rulemakings that would expand opportunities for commercial space and satellite operations signal a regulatory shift toward greater flexibility, faster processing and more deliberate spectrum planning for space-adjacent and emergent space activities, say attorneys at Morgan Lewis.

• Arguments Show Justices Vacillating On Geofence Warrants

  

  Questions and statements by the justices during recent oral arguments in Chatrie v. U.S., probing the Fourth Amendment limits of geofence warrants, revealed a Supreme Court that is skeptical of the government’s most sweeping claims, uncomfortable with the petitioner’s broadest theories and searching for a narrow off-ramp, say attorneys at Rogers Joseph.

• FinCEN Rule Could Reshape AML Priorities Across Finance

  

  Financial institutions should prepare for a proposed Financial Crimes Enforcement Network rule that would heighten scrutiny of anti-money laundering requirements and encourage responsible use of technology, potentially reorienting compliance, governance decisions and enforcement exposure for organizations across the financial sector, not just banks, say attorneys at Pillsbury.

• Safeguarding RWI Coverage As Materiality Focus Persists

  

  As first-quarter broker claims reports reveal that materiality disputes remain a key driver of representations and warranties insurance claims, the scarce case law in this area indicates that including a materiality scrape provision in an RWI policy may aid policyholders with recovery, say attorneys at Reed Smith.

• Series

  Speed Jigsaw Puzzling Makes Me A Better Lawyer

  

  My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

• High Court's Cox Ruling Leaves ISP Copyright Rules Intact

  

  Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

• FTC Focus: Ad Deal Signals Viewpoint Suppression Is A Risk

  

  The Federal Trade Commission's recent settlement of an antitrust case accusing major ad agency holding companies of colluding on brand safety standards underscores the risk of industry coordination on politically or socially sensitive issues and signals heightened viewpoint suppression scrutiny for companies and antitrust practitioners, say attorneys at Proskauer.

• How To Reconcile AI Opacity And Advisers' Fiduciary Duties

  

  Firms that treat fiduciary compliance as a foundation for responsible artificial intelligence adoption will be best positioned when the U.S. Securities and Exchange Commission moves from implicit expectations to explicit rules regarding advisers' core duties, as those are unlikely to change, says Ivor Wolk at Manatt.

• Opinion

  Congress Should Ax Privacy Bill For Not Shielding Consumers

  

  The SECURE Data Act should be rejected because, despite Congress' claims, it would not meaningfully rein in data practices, but instead would weaken enforcement, eliminate stronger protections and prioritize data extraction over consumer protection and accountability, say attorneys at DiCello Levitt.

• AI Data Center Boom May Spur Wave Of Toxic Tort Suits

  

  Nascent litigation matters against data center operators, set against limited government regulation and a growing body of public health research, suggests we may be on the cusp of an era of mass toxic tort claims, with a liability framework firmly rooted in precedent from other industries, says Benjamin Heller at RFZ Law.

• Building Codes Ruling May Inform AI Copyright Arguments

  

  The Third Circuit's recent decision in ASTM v. UpCodes, finding that republication of copyrighted building codes incorporated into binding law likely constitutes fair use, may help shape intellectual property strategy for standards organizations, rights holders and potentially even AI stakeholders, says Mitesh Patel at Reed Smith.

• How Geopolitical Risk Affects Data Center Coverage

  

  Escalating tensions with Iran risk disrupting the energy and infrastructure inputs that support data center operations, raising insurance coverage concerns for operators affected by events far outside their physical footprints, say attorneys at McGuireWoods.

• Suit's Dismissal Would Not Settle Gold Card Visa's Legality

  

  The government’s recent assertion that the plaintiffs in American Association of University Professors v. Department of Homeland Security lack standing to challenge the Trump administration’s pay-to-play immigration program does not address whether an agency can deem a million-dollar gift evidence of eligibility for immigration benefits carefully defined by Congress, says Jun Li at Reid & Wise.