Expert Analysis

• Tax Teams Get No Bright-Line Rule From AI Privilege Cases

  

  Three recent appellate decisions that considered artificial intelligence in the context of attorney-client privilege protections illustrate that taxpayers and tax practitioners alike must consider the pertinent facts on a case-by-case basis, with particular attention to confidentiality, disclosure risk and system design, say attorneys at Morgan Lewis.

• Claiming The Narrative Before The SEC Files Charges

  

  Following the U.S. Securities and Exchange Commission's recent rescission of its no-deny rule, Scott Schneider at FTI Consulting, a former U.S. Securities and Exchange Commission communications official, details when and how to publicly respond to news of a pending regulatory inquiry targeting your company.

• 3 Rulings Show How Creditors Make Civil RICO Claims Stick

  

  An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

• DOJ Activity Indicates Rising Antitrust Risk For Hospitals

  

  Two civil actions filed by the U.S. Department of Justice against New York-Presbyterian Hospital and OhioHealth, both alleging that the hospital systems used their market power to stifle competition, highlight the government's growing scrutiny of barriers to lower-cost insurance options, say attorneys at Freshfields.

• SEC Enforcement Has Continued Its Asset Management Focus

  

  While the total number of U.S. Securities and Exchange Commission enforcement actions is down, certain novel theories of liability have been abandoned, and the SEC has embraced a back-to-basics posture, most of the regulatory risks for asset managers that existed in the prior commission have not gone away, say attorneys at Weil.

• Advice For Responding To Minority Preservation Letters

  

  Democratic lawmakers have recently issued document preservation letters to potential investigative targets, signaling that the minority party intends to advocate for accountability if it regains power, but there are several steps that can be taken to manage these demands and stay ahead of potential risks, say attorneys at Covington.

• Series

  NY Times Word Puzzles Make Me A Better Lawyer

  

  Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

• How Anthropic's Mythos May Upend Defense Cyber Rules

  

  Anthropic’s recent announcement that Claude Mythos, an AI general-purpose language model, could soon enable virtually anyone to exploit vulnerabilities in major web browsers and operating systems marks an imminent increase in threat levels that current defense cybersecurity regulations were not designed to navigate, say attorneys at Fluet.

• Big Issues Linger After Senate Prediction Market Trading Ban

  

  Whether the Senate can — or should — extend prediction market trading restrictions beyond itself will test not only the boundaries of insider trading law, but also the structural limits of legislative power in an era where information itself has become a tradable asset, say attorneys at Benesch.

• Series

  Law School's Missed Lesson: Diagnose Before Arguing

  

  Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

• Becoming The Biz-Savvy GC That Portfolio Companies Need

  

  Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

• AI Regulatory Gaps May Fuel FCA Enforcement Action

  

  The intersection of artificial intelligence and False Claims Act enforcement presents legal risk for government contractors across several industries, particularly in the absence of a federal regulatory framework explicitly governing its development and use, say attorneys at O’Melveny.

• AI Agents Will Test The Bounds Of Expert Witness Rules

  

  Rule 702 of the Federal Rules of Evidence does not address whether a testifying expert must be human, but as the rule’s amended admissibility framework intersects with the accelerating capabilities of agentic AI, courts may be forced to confront whether AI-generated expertise fits within existing evidentiary doctrine, says Steven Cordero at Akerman.

• Del. Dispatch: The Hurdles To Early Fraud Claim Dismissal

  

  Particularly where the alleged facts may suggest potentially blatant or egregious misconduct, the pleading-stage standards highlighted in the Delaware Court of Chancery's recent decision in Diem v. Maisonette provide a ready route for the nondismissal of claims before a trial, say attorneys at Fried Frank.

• Reel Justice: 'Project Hail Mary' Can Aid Cross-Examination

  

  In the new science fiction film, "Project Hail Mary," a character understood that survival depended on eliminating ambiguity — a useful lesson that trial lawyers can implement by asking statements that are delivered in the form of a question during cross-examination, says Veronica Finkelstein at Wilmington University.