Expert Analysis

• CFIUS Initiative May Smooth Way For Some Foreign Investors

  

  A new program that will allow certain foreign investors to be prevetted and admitted to fast-track approval by the Committee on Foreign Investment in the United States will likely have tangible benefits for investors participating in competitive M&A, say attorneys at Simpson Thacher.

• When Tokenized Real-World Assets Collide With Real World

  

  The city of Detroit's ongoing case against Real Token, alleging building code and safety violations across over 400 Detroit residential properties, highlights the brave new world we face when real estate assets are tokenized via blockchain technology — and what happens to the human tenants caught in the middle, say Biying Cheng and Cornell law professor David Reiss.

• Series

  Judges On AI: Practical Use Cases In Chambers

  

  U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.

• Opinion

  Corporations Should Think Twice About Mandatory Arbitration

  

  The U.S. Securities and Exchange Commission's recent acceptance of mandatory arbitration provisions in corporate charters and bylaws does not make them wise, as the current system of class actions still offers critical advantages for corporations, says Mohsen Manesh at the University of Oregon School of Law.

• Series

  Trail Running Makes Me A Better Lawyer

  

  Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.

• Navigating New Risks Amid Altered Foreign Issuer Landscape

  

  The U.S. Securities and Exchange Commission's potential rulemaking to redefine who qualifies as a foreign private issuer will shape securities regulation and enforcement for decades, affecting not only FPIs and U.S. investors but also the U.S.' position in global capital markets, says Elisha Kobre at Sheppard.

• What Applicants Can Expect From Calif. Crypto License Law

  

  With the July effective date for California's Digital Financial Assets Law fast approaching, now is a critical time for companies to prepare for licensure, application and coverage compliance ahead of this significant regulatory milestone that will reshape how digital asset businesses operate in California, say attorneys at MoFo.

• Malpractice Claim Assignability Continues To Divide Courts

  

  Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

• What Clarity Act Delay Reveals About US Crypto Regulation

  

  The Senate Banking Committee's decision to delay markup of the Clarity Act, which would establish a comprehensive federal framework for digital assets, illuminates the political and structural obstacles that shape U.S. crypto regulation, despite years of bipartisan calls for regulatory clarity, says David Zaslowsky at Baker McKenzie.

• How Latest Nasdaq Proposals Stand To Raise Listings Quality

  

  Nasdaq's recent proposals stand to heighten both quantitative and qualitative standards for issuers, which, if approved, may bring investors stronger market integrity and access but also raise the listings bar, say attorneys at Norton Rose.

• Opinion

  CFIUS Must Adapt To Current Foreign Investment Realities

  

  To continue protecting the U.S.’ long-term strategic and economic interests, the Committee on Foreign Investment in the United States should implement practical enhancements that leverage technology, expertise and clear communication, and enable it to keep pace with evolving demands, says attorney Sohan Dasgupta.

• Where PCAOB Goes Next After A Year Of Uncertainty

  

  The Public Company Accounting Oversight Board will likely bring fewer enforcement matters in 2026, reflecting a notable change in board priorities following the change in administrations, say Robert Cox and Nicole Byrd at Whiteford Taylor and Matthew Rogers at Bridgehaven Consulting.

• Weathering FINRA's Scrutiny Of Foreign Small-Cap Issuers

  

  To prepare for the Financial Industry Regulatory Authority's recently announced targeted examinations, broker-dealers and firms that assist with IPOs abroad should consult years of FINRA guidance on managing the money-laundering and fraud risks inherent to foreign small-capitalization offerings, say Michael Watling and Elika Mohebbi at Seward & Kissel.

• How Attorneys Can Navigate Shifts In Financing Landscape

  

  Direct government investment in companies in strategic sectors is expected to continue this year, with legal practitioners facing increased demands to navigate hybrid capital structures, evolving regulatory considerations and the alignment of financing terms with long-term business and strategic objectives, say attorneys at Skadden.

• Series

  Teaching Logic Makes Me A Better Lawyer

  

  Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.