Expert Analysis

• 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

  

  The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

• Opinion

  State Courts Must Be Gatekeepers Of Expert Testimony

  

  Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

• Capitalizing On Increased Retail Access To Alternative Assets

  

  The recent extension of co-investment relief to open-end funds represents the latest regulatory action aimed at providing retail investors with meaningful private market opportunities — a trend that means alternative asset managers should develop and deploy a retail strategy to capture this emerging capital source, say attorneys at Willkie.

• Series

  Moshing Makes Me A Better Lawyer

  

  Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

• Is The SEC Entering Fight Over Prediction Market Oversight?

  

  The U.S. Securities and Exchange Commission had remained largely silent on prediction market regulation until last week, but that trend may be changing, as many event contracts could qualify as security-based swaps, which are subject to the SEC's oversight under current definitions, say attorneys at Bradley Arant.

• Why Highly Specialized Experts May Risk Exclusion At Trial

  

  Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

• Agentic AI And Securities Law: The Machine As A Manipulator

  

  The market manipulation doctrine that emerges following the rise of agentic artificial intelligence may be more focused on market effects than on individual states of mind, and more attentive to system design than to discrete acts of deception, says Joseph A. Hall at Davis Polk.

• FDIC Proposal Takes Bank-Like AML Approach To Stablecoins

  

  Rather than craft a bespoke regime for stablecoin issuers, a recently proposed Federal Deposit Insurance Corp. rule builds a technology-neutral Bank Secrecy Act compliance framework under the Genius Act, firmly anchoring stablecoins within the U.S. financial regulatory perimeter, says David Zaslowsky at Baker McKenzie.

• A Midyear Look At Antiterrorism Act Jurisprudence And Policy

  

  Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

• Justices' ICA Ruling Provides Certainty For Regulated Funds

  

  The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

• AI Heightens Old Compliance Risks For Investment Advisers

  

  Though artificial intelligence offers genuine promise for investment advisers, it also magnifies long-standing risks — including those involving fiduciary duties, books and records, client confidentiality, and marketing — with most foundational compliance requirements likely to remain, says Theodore Edwards at Troutman.

• Drawing A Line Between Settlement Pressure And Extortion

  

  U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

• Responding To US Labeling Brazilian Gangs As Terrorist Orgs

  

  The Trump administration's recent designation of two Brazilian criminal organizations as foreign terrorists affects companies in multiple sectors that must now assess their exposure and enhance their sanctions, know-your-customer and anti-money-laundering screening programs, say attorneys at King & Spalding.

• Securities Class Cert., 5 Years After Goldman Ruling

  

  The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

• What Fed's Fast Track To Account Access Means For Fintechs

  

  Fintechs, stablecoin issuers and other nonbank entities should assess eligibility, compliance demands and operational limits ahead of the Federal Reserve's potential finalization of a payment account framework proposing a faster path to direct access to key payment rails, says Stephen Aschettino at Fox Rothschild.