Expert Analysis

• Managing Tort Risk After Justices' War Zone Immunity Ruling

  

  The U.S. Supreme Court’s recent decision in Hencely v. Fluor changes the tort landscape for battlefield contractors, whose liability for employee injury will now turn on compliance with battlefield directives — a question that will require discovery into highly sensitive details of combat operations and military decision-making, says Warren Bianchi at Fluet.

• PFAS OUT Cannot Replace Broad Drinking Water Protections

  

  The U.S. Environmental Protection Agency's PFAS OUT initiative may help water systems deal with two specific per- and polyfluoroalkyl substances before federal compliance deadlines arrive, but it is no substitute for broader protections the EPA is withdrawing — and in PFAS litigation, that distinction could be important, says David Meldofsky at Lawsuit Informer.

• DOJ's Superseding Policy Muddies Trade Crime Disclosures

  

  The U.S. Department of Justice’s first agencywide voluntary self-disclosure policy is intended to standardize approaches across DOJ components, but the shift may prove difficult in trade controls cases under the National Security Division, which has long viewed sanctions and export control offenses as uniquely serious, say attorneys at Covington.

• New DEI Clauses Will Reshape FCA Exposure For Contractors

  

  As federal agencies mandate new procurement language aimed at curbing contractors' DEI practices and embedding False Claims Act materiality concepts into antidiscrimination obligations, contractors should account for both compliance and litigation risks before signing, and understand the legal constraints that govern FCA materiality, say attorneys at Seyfarth.

• DOD Contractors May Be Overlooking Import Duty Exemption

  

  In today's high-tariff environment, defense contractors and subcontractors should consider a nontraditional application of the Defense Federal Acquisition Regulation Supplement’s duty-free exemption clause that might substantially reduce their import costs, says Jason Monahan at Honigman.

• OFAC Signals Sanctions Diligence Can't Stop At 50% Rule

  

  Recent guidance from the Office of Foreign Assets Control, along with several enforcement actions looking beyond the 50% formal ownership requirement, sends a clear message that sanctions due diligence must consider a variety of factors, including degree of control, practice of actual dealings and the involvement of proxies, say attorneys at Jenner & Block.

• New FCC Router Rule Signals Shifting Supply Chain Approach

  

  The Federal Communications Commission's recent addition of consumer-grade routers newly produced outside of the U.S. to its covered list marks another notable expansion of the Trump administration's supply chain risk regulation and national security policy, directly affecting manufacturers, carriers and service providers, say attorneys at Morgan Lewis.

• Series

  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.

• Series

  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.

• 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.

• 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.

• Bid Protest Spotlight: Evidence, Tailored Talks, Materiality

  

  In this month's bid protest roundup, Brian Doll at MoFo delves into three recent decisions from the Government Accountability Office about the evidentiary standards necessary to sustain a protest, discussions tailored to individual proposals, and misrepresentation claims involving factors irrelevant to the agency's decision.

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  Isshin-Ryu Karate Makes Me A Better Lawyer

  

  My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

• Lessons Orgs Facing Cyberattacks Can Learn From Iran War

  

  Amid cyberattacks following the outbreak of the Iran war, the U.S. government is acutely concerned about significant threats to U.S.-based infrastructure, but organizations can take several steps to prepare for such threats by being proactive and responding promptly to incidents, say attorneys at Vedder.

• Opinion

  CBP's $166B Tariff Refund Portal Needs 4 Safeguards

  

  Before launching its automated web portal to process tariff-refund disbursements on April 20, U.S. Customs and Border Protection should apply the expensive lessons learned from the pandemic-era employee retention credit, says Peter Gariepy at RubinBrown.