Expert Analysis

• Wildfire Challenges For Utility Investors: Liability Theories

  

  The greater frequency and scale of wildfires in the last several years have created operational and fiscal challenges for electric utility companies, including new theories of liability and unique operational and risk management considerations — all of which must be carefully considered by utility investors, say David Botter and Lisa Schweitzer at Cleary.

• Under The Hood Of The SEC Securitization Conflict Rule

  

  Elanit Snow and Julia Vitter of Proskauer consider the U.S. Securities and Exchange Commission's recently finalized rule that prohibits conflicts of interest in certain securitization transactions, uncovering what the new regulation does and doesn’t entail, why it was adopted, and how commenters' remarks affected the process.

• Series

  Skiing Makes Me A Better Lawyer

  

  A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

• Can A DAO Be Sued? SDNY Case May Hold The Answer

  

  A case pending in the Southern District of New York will examine whether decentralized crypto co-op MakerDAO is a partnership with the capacity to be sued in federal court, and the decision could shape how legal frameworks will adapt to accommodate blockchain technologies moving forward, say attorneys at Haynes Boone.

• The Road Ahead For Florida's Drug Importation Program

  

  Though the U.S. Food and Drug Administration approved Florida's drug importation program in January, a series of hurdles — including requisite buy-in from Canada — and potential legal challenges must be addressed before importation can begin, say attorneys at Ropes & Gray.

• Tips For Counsel Seeking Balance In The ESG Political Divide

  

  Corporate counsel tasked with navigating environmental, social and governance factors in the current polarized political environment should not lose sight of best practices, including sticking to what the law requires and always telling the truth, say Jennifer Rubin at Mintz and Mike Rider at ResMed.

• High Court Social Media Speech Ruling Could Implicate AI

  

  In Moody v. NetChoice and NetChoice v. Paxton, the U.S. Supreme Court is considering whether certain state laws can restrict content moderation by social media platforms, but the eventual decision could also provide insight into whether the first amendment protects artificial intelligence speech, say Joseph Meadows and Quyen Dang at GRSM50.

• Practical Steps For Navigating New Sanctions On Russia

  

  After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.

• Justices' Trump Ballot Ruling: Purposivism In Textualist Garb

  

  The U.S. Supreme Court’s Trump v. Anderson decision earlier this week, allowing former President Donald Trump to remain on state primary ballots, alleviates uncertainty and minimizes the potential for abuse in future cases, but is difficult to square with the court’s own account of its textualist interpretive methods, says Will Havemann at Hogan Lovells.

• Assessing CDC's Revised Guideline On Opioid Prescriptions

  

  Kenneth Weinstein, Nicholas Van Niel and Kate Uthe at Analysis Group look at newly available data to evaluate the impact that the Centers for Disease Control and Prevention's revised opioid monitoring guideline have had on prescription trends in recent years, highlighting both specific and overall decreases.

• Opinion

  UK Whistleblowers Flock To The US For Good Reason

  

  The U.K. Serious Fraud Office director recently brought renewed attention to the differences between the U.K. and U.S. whistleblower regimes — differences that may make reporting to U.S. agencies a better and safer option for U.K. whistleblowers, and show why U.K. whistleblower laws need to be improved, say Benjamin Calitri and Kate Reeves at Kohn Kohn.

• Think Like A Lawyer: Forget Everything You Know About IRAC

  

  The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

• Opinion

  There Is No NCAA Supremacy Clause, Especially For NIL

  

  A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.

• Zero-Point Offender Eligibility May Hinge On Meaning Of 'And'

  

  Some white collar defendants’ eligibility for the new zero-point offender sentencing adjustment comes down to whether the word “and” really means “and” — a question the U.S. Supreme Court is set to resolve in its upcoming Pulsifer v. U.S. decision, which could affect thousands of incarcerated people, say Brandon McCarthy and Nikita Yogeshwarun at Katten.

• The Corporate Transparency Act Isn't Dead Yet

  

  After an Alabama federal court's ruling last week rendering the Corporate Transparency Act unconstitutional, changes to the law may ultimately be required, but ongoing compliance is still the best course of action for most, says George Singer at Holland & Hart.