Expert Analysis

• Using Agreements To Cover Gaps In Hydrogen Storage Regs

  

  The Inflation Reduction Act's incentives for energy storage have spurred investment in hydrogen storage and production, but given the lack of comprehensive regulations surrounding the sector, developers should carefully craft project and financing agreements to mitigate uncertainties, say Omar Samji and Sarah George at Weil, and attorney Manushi Desai.

• What To Know About FTC's Merger Filing Proposal

  

  Attorneys at Simpson Thacher dissect the Federal Trade Commission's recent proposal to overhaul the premerger notification process — discussing the proposal's requirements, comparing peer jurisdictions' premerger regimes, and reviewing the implementation process for a final rule change.

• Financial Cos. At Risk In Feds' Off-Channel Messaging Sweep

  

  With the U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission taking an increased interest in off-channel communications in the financial services industry, it is imperative that regulated companies ensure that employees understand and follow proper protocols for business-related messages, say attorneys at Sheppard Mullin.

• How Attys Can Avoid Exposing Their Firms To Cyberattacks

  

  Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

• Foreign Investment In Real Estate Is Getting More Complicated

  

  Increasing federal scrutiny and a proliferation of new state laws targeting foreign investment in real estate may complicate or prevent transactions even by U.S. companies or funds that have shareholders or limited partners from China and other countries of concern, say attorneys at Akin.

• Virginia 'Rocket Docket' Slowdown Is Likely A Blip

  

  After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

• Home Equity Option Contracts Appear Ripe For Rating

  

  Given that home equity option contracts share similarities with evolving asset types like litigation funding, and that courts continue to characterize them as real estate option contracts, it seems they are poised to be rated in the near future, say Darius Horton and Holly Spencer Bunting at Mayer Brown.

• Broadcast Deal Parties, Beware In-House FCC Hearings

  

  Potential buyers and sellers in the telecom space should take note of the recent collapse of Standard General's attempted takeover of Tegna, which could not find its way out of a procedural maze created by the Federal Communications Commission's administrative law judge review, says Dennis Corbett at Telecommunications Law Professionals.

• 'Varsity Blues' Reversal May Inform Conspiracy Defenses

  

  The First Circuit’s recent decision vacating the convictions of two “Varsity Blues” defendants provides potential support for creative arguments against conspiracy charges, particularly where defense counsel can show competition or indifference among alleged co-conspirators, say Cormac Connor and Emily Mikes at Husch Blackwell.

• 5 Management Tips To Keep Law Firm Merger Talks Moving

  

  Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

• SEC Agenda Indicates A Blistering Rulemaking Pace

  

  The U.S. Securities and Exchange Commission's recently released agenda lists several major rule proposals slated for adoption in the second half of this year, reflecting the SEC's proactive shift toward taking final action on previously proposed rules pertaining to investment advisers, private funds and registered funds, say attorneys at Simpson Thacher.

• Recent Bills Show Congress' Growing Maturity On Cannabis

  

  Though two recently introduced cannabis reform bills, the Prepare Act and the Small Business Tax Equity Act, are unlikely to pass in this Congress, they demonstrate a new level of focus and sophistication on the part of lawmakers as it relates to cannabis at the federal level, says Irina Dashevsky at Greenspoon Marder.

• Bank Agencies' 3rd-Party Risk Guidance: 6 Things To Know

  

  Although third-party risk management is already a standard practice, final guidance recently issued by federal banking agencies indicates that banks should expect a heightened supervisory focus on this area, say attorneys at Covington.

• Rethinking In-Office Attendance For Associate Retention

  

  The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

• Practice Tips For Structuring Corporate Venture Capital Deals

  

  With traditional financial venture capitalists scaling back and corporate venture capital emerging as a key player in the funding landscape, lawyers advising these strategic investments should limit exposure to competitive information and follow other best practices to minimize potential hazards, say Evan Kipperman and Paul Hughes at Wiggin and Dana.