Expert Analysis

• 5 Prediction Market Queries For Every League, Athletic Dept.

  

  The NFL's recent amicus brief urging the U.S. Supreme Court to resolve a circuit split over regulating prediction markets and operators like Kalshi raises important, enterprisewide governance questions for leagues, teams and athletic departments, and highlights that regulatory oversight and institutional integrity are related but distinct, say attorneys at Robins Kaplan.

• Planning For D&O Exclusions As Risks Mount For Banks

  

  Banks should scrutinize directors and officers exclusions for artificial intelligence, disclosure and cybersecurity risks during policy renewal negotiations to preserve coverage amid the current uptick in insurer scrutiny and related shareholder litigation, say attorneys at Jones Walker.

• Why The SEC Proposed Rescinding Its 'Pay-To-Play' Rule

  

  The U.S. Securities and Exchange Commission's recent proposal to nix its pay-to-play rule governing political contributions by investment advisers follows years of industry advocacy and commissioner criticism that it suppresses political speech and affects hiring, say attorneys at Simpson Thacher.

• CFIUS Annual Report Reveals Enforcement Trends

  

  The Committee on Foreign Investment in the United States' recently published annual report to Congress shows that it is increasingly focused on nonnotified transactions, mandatory filing compliance, critical technologies and postclosing mitigation enforcement across the full life cycle transactions, say attorneys at Bass Berry.

• As Congress Stalls, SEC Hits Go On 'Innovation Exemption'

  

  While the U.S. Securities and Exchange Commission's recently issued innovation exemption to facilitate on-chain trading of certain tokenized stocks isn't a replacement for a comprehensive legislative framework, it reduces the likelihood that further congressional delay will freeze market development, says Stephen Aschettino at Fox Rothschild.

• What Lawyers Should Know Before Accepting Crypto Payment

  

  As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

• Where The 3 Prediction Market Appellate Rulings Diverge

  

  Although the recent Third, Sixth and Ninth Circuit opinions concerning prediction markets overlap on some issues, they differ on key statutory questions, deepening a circuit split over both the classification of sports event contracts and the scope of federal preemption, says Levi Giovanetto at Sheppard.

• How AI Is Reshaping The Structure Of Crypto Venture Deals

  

  As founders at the intersection of crypto and artificial intelligence increasingly face capital-raising quandaries, parties structuring crypto venture deals should weigh how equity, token and hybrid financings allocate value to avoid tricky contractual governance and fiduciary law questions down the line, say attorneys at Cahill Gordon.

• How States May Enter The Shareholder Proposal Landscape

  

  Rescission of the U.S. Securities and Exchange Commission's shareholder proposal rule doesn't herald the end of shareholder activism, but it allows state legislatures to play a central role in determining the future of shareholder proposals, with that uncertainty creating new opportunities for both issuers and activists, say attorneys at Thompson Coburn.

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  Mentalism Makes Me A Better Lawyer

  

  Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

• Why And How To Build A Neurodiversity-Informed Practice

  

  By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

• How SEC Is Changing The Shareholder Proposal Landscape

  

  The U.S. Securities and Exchange Commission continues to place its shareholder proposal rule at the center of its agenda, now with a newly proposed rule that would rescind it entirely, showcasing an agency seeking to narrow its overall focus, say attorneys at Thompson Coburn.

• LIV Golf Ch. 11 Tests Limits Of Reorganizing Around Talent

  

  In LIV Golf's recent Chapter 11 filing, players are the core enterprise value of the business and the intended majority common owners of the reorganized league, making the case a restructuring reference point for any enterprise whose core value rests on individuals rather than assets, say attorneys at Jones Walker.

• SEC's Shareholder Activism Role After The '26 Proxy Season

  

  The U.S. Securities and Exchange Commission recently proposed eliminating its shareholder proposal rule, but this proxy season's combination of elevated campaign activity, limited formal escalation and measured voting outcomes illustrates why a targeted SEC role remains important, say attorneys at Sidley.

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  NY Banking Brief: All The Notable Legal Updates In Q3

  

  Several developments from New York financial services regulators in the third quarter reflect a common theme — regulators are increasingly seeking to apply established supervisory expectations to newer market participants and emerging financial products, say attorneys at Blank Rome.