Expert Analysis

• Limiting The Scope Of Representation Is Critical For Lawyers

  

  A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and specifically why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.

• Latest Ripple Development Highlights SEC's Crypto Approach

  

  As U.S. Securities and Exchange Commission v. Ripple faces summary judgment, the SEC's aggressive positioning on digital asset regulation comes in contrast to the coin provider’s significant concerns over the comprehensive application of federal securities laws to diverse digital offerings, say Katherine Stoller and John Nathanson at Shearman.

• Fine Over Bank Texts Signals Books, Records Crackdown

  

  Federal securities regulators' recent $1.8 billion settlement with 15 broker-dealers and an investment adviser for failing to preserve employees' communications on unauthorized messaging apps demonstrates heightened regulatory focus on books and records requirements, and highlights compliance considerations for financial institutions, say attorneys at Ropes & Gray.

• Attys Shouldn't Assume Judicial Critique Is Protected Speech

  

  As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.

• COVID Relief Borrowers, Lenders May See Increased Scrutiny

  

  Armed with a recently extended statute of limitations, federal prosecutors are building increasingly complex fraud cases focused on misuse of COVID-19 relief loans, involving larger dollar amounts and more defendants, and necessitating vigilance from lenders, say attorneys at Polsinelli.

• 4 Strategies For Drafting Effective Consumer Breach Notices

  

  Businesses should consider key strategies when drafting consumer breach notification letters, such as knowing their audience and what is on their mind, and prioritizing user-friendliness and tone, say attorneys at Troutman Pepper.

• Series

  Keys To A 9-0 High Court Win: Practicality Over Perfection

  

  When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.

• Opinion

  Time To Rethink The Federal Home Loan Bank System

  

  As the Federal Housing Finance Agency looks to review its Federal Home Loan Bank system, we should reflect on the system's drift away from its original mission and recognize the need for Congress to reform the entire federal housing finance infrastructure, says David Reiss of Brooklyn Law School.

• What New Bar Exam Means For Law Students And Schools

  

  Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.

• Del. Bankruptcy Rulings Instruct On Creditors' Rights To Sue

  

  Recent Delaware bankruptcy court rulings are a reminder that a creditor's right to sue a company's directors depends on whether a borrower is a corporation or a limited liability company, and that LLC creditors cannot sue directors for fiduciary breaches or otherwise pursue derivative claims, say David Hillman and Peter Antoszyk at Proskauer.

• Apple's New Messaging Features Will Complicate E-Discovery

  

  Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.

• Law Firm Inclusion Efforts Often Overlook Business Staff

  

  Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

• An Associate's Guide To Rebounding After A Layoff

  

  Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.

• AML Regulation Of Lawyers Is Imminent And Controversial

  

  The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

• Overseas Cos. Are Well Within Reach Of SEC Enforcement

  

  As suspect payments, false disclosures and trading schemes metastasize and seep across borders, the U.S. Securities and Exchange Commission has become the chief participant in a robust international enforcement network cracking down on individuals and entities based overseas, says Eugene Goldman at McDermott.