Expert Analysis

• 5 Crisis Lawyering Skills For An Age Of Uncertainty

  

  As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.

• Blockchain May Offer The Investor Protection SEC Seeks

  

  As the U.S. Securities and Exchange Commission moves to control the ballooning costs of the consolidated audit trail and attempts to finally give regulators a unified, real-time picture of trading, blockchain demonstrates what it looks like when that kind of transparency is a baseline feature, not an aspirational overlay, says Tuongvy Le at Veda Tech Labs.

• Del. Dispatch: Chancery Expands On Caremark Red Flags

  

  The Delaware Court of Chancery’s recent Brewer v. Turner decision, allowing a shareholder derivative suit against the board of Regions Bank to proceed, takes a more expansive view as to what constitutes red flags, bad faith and corporate trauma in Caremark claims, say attorneys at Fried Frank.

• Opinion

  It's Time For The Judiciary To Fix Its Cybersecurity Problem

  

  After recent reports that hackers have once again infiltrated federal courts’ electronic case management systems, the judiciary should strengthen its cybersecurity practices in line with executive branch standards, outlining clear roles and responsibilities for execution, says Ilona Cohen at HackerOne.

• Prepping For Website Automatic Opt-Out Signal Mandates

  

  Maryland's Online Data Privacy Act, which, along with a growing number of U.S. states, requires businesses to offer mechanisms in their privacy policies or online interfaces to allow individuals to opt out of data collection, marks a new frontier in consumer privacy, raising both technical and legal risks, say attorneys at Baker Donelson.

• Tips For Cos. Crafting Enforceable Online Arbitration Clauses

  

  Recent rulings from the Ninth Circuit and the U.S. District Court for the Southern District of California indicate that courts are carefully examining the enforceability of online arbitration clauses, so businesses should review the design of their websites and consider specific language next to the "purchase" button, say attorneys at DTO Law.

• Who Will Regulate Insider Trading In Prediction Markets?

  

  The possibilities for insider trading have greatly expanded in the brave new world of prediction markets, and both the U.S. Commodity Futures Trading Commission and U.S. Department of Justice could bring enforcement actions in the space, so businesses should revisit their insider trading and confidential information policies, say attorneys at Fenwick.

• Opinion

  Crypto Bills' Narrow Scope Guarantees Continued Uncertainty

  

  The Digital Asset Market Clarity Act and Responsible Financial Innovation Act aim to make the $4 trillion crypto market more transparent and less susceptible to fraud, but their focus on digital assets sold in investment contract transactions promises continued uncertainty for the industry, says Joe Hall at Davis Polk.

• Rules Of Origin Revamp May Be Next Big Trade Development

  

  The rules of origin for determining what tariff applies to any given import appear to be on the cusp of an important rethink, and it seems likely that the administration will try to align the rule with its overall tariff strategy in one of three ways, says Ted Posner at Baker Botts.

• 7 Lessons From The Tractor Supply CCPA Enforcement Action

  

  The California Privacy Protection Agency's recent enforcement action targeting Tractor Supply for alleged violations of the California Consumer Privacy Act provides critical insights into the compliance areas that remain a priority for the California regulator, including businesses with significant consumer interactions, say attorneys at Troutman.

• Considering Judicial Treatment Of The 2023 Merger Guidelines

  

  Courts have so far primarily cited the 2023 merger guidelines for propositions that do not differ significantly from prior versions of the guidelines, leaving it unclear whether the antitrust agencies will test the guidelines’ more aggressive theories, and how those theories will be treated by federal judges, say attorneys at Covington.

• Key Lessons From Youths' Suit Against Trump Energy Orders

  

  A Montana federal court's recent decision in Lighthiser v. Trump, dismissing a challenge by a group of young plaintiffs to President Donald Trump's executive orders promoting fossil fuels, indicates that future climate litigants must anchor their suits in discrete, final agency actions and statutory text, say attorneys at ArentFox Schiff.

• Federal Debanking Scrutiny Prompts Compliance Questions

  

  Recent U.S. Small Business Administration guidance sets forth requirements for preventing so-called politicized debanking and specific additional instructions for small lenders, but falls short on clarity for larger institutions, leaving lenders of all sizes with questions as they navigate this unique compliance challenge, say attorneys at Cooley.

• Series

  Writing Novels Makes Me A Better Lawyer

  

  Writing my debut novel taught me to appreciate the value of critique and to never give up, no matter how long or tedious the journey, providing me with valuable skills that I now emphasize in my practice, says Daniel Buzzetta at BakerHostetler.

• Personnel File Access Laws Pose New Risks For Employers

  

  The state law trend toward expanding employee access to personnel files can have extensive consequences for employers, but companies can take proactive steps to avoid disputes and potential litigation based on such records, says Randi May at Tannenbaum Helpern.