Expert Analysis

• Contract Language Reigned Supreme In Bancorp Dismissal

  

  A Minnesota federal court's recent dismissal of claims over U.S. Bancorp's cash sweep program underscores that clear contractual disclosures hold weight in class actions, demonstrating the power of contract language that plainly indicates terms, fiduciary limits and institutional benefits to customers, says Quin Seiler at Winthrop & Weinstine.

• Why Justices Seem Skeptical Of Curbing SEC Disgorgement

  

  Sripetch v. U.S. Securities and Exchange Commission presents an opportunity for the U.S. Supreme Court to clarify the disgorgement limits it set six years ago in Liu v. SEC, with recent oral arguments suggesting the court sees disgorgement as an equitable remedy akin to unjust enrichment, say attorneys at Hueston Hennigan.

• New DEI Clauses Will Reshape FCA Exposure For Contractors

  

  As federal agencies mandate new procurement language aimed at curbing contractors' DEI practices and embedding False Claims Act materiality concepts into antidiscrimination obligations, contractors should account for both compliance and litigation risks before signing, and understand the legal constraints that govern FCA materiality, say attorneys at Seyfarth.

• 4 True Lender State Laws And 1 Appeal For Fintechs To Watch

  

  The fintech industry faces increased scrutiny through proposed true lender laws from several states, as well as ongoing litigation regarding the impact of Colorado's opt-out from the Depository Institutions Deregulation and Monetary Control Act — all of which should heighten industry participants' vigilance, say attorneys at Womble Bond.

• GHG Endangerment Finding Repeal Brings New Legal Risks

  

  The U.S. Environmental Protection Agency's 2009 determination that greenhouse gases endanger public health and welfare anchored a matrix of regulation across multiple sectors — and the recent repeal of that finding has fundamentally destabilized the legal landscape governing industrial emissions, corporate liability and climate-related risk management, says Tanya Nesbitt at Thompson Hine.

• OFAC Signals Sanctions Diligence Can't Stop At 50% Rule

  

  Recent guidance from the Office of Foreign Assets Control, along with several enforcement actions looking beyond the 50% formal ownership requirement, sends a clear message that sanctions due diligence must consider a variety of factors, including degree of control, practice of actual dealings and the involvement of proxies, say attorneys at Jenner & Block.

• 2 New SEC Proposals Represent Welcome Relief For Funds

  

  The U.S. Securities and Exchange Commission's recent proposals to alter requirements under the names rule and Form N-PORT are favorable developments for registered funds due to lessened reporting burdens and added flexibility, and are illustrative of the market-facilitative regulatory posture under Chairman Paul Atkins' leadership, say attorneys at Debevoise.

• PFAS Study Is Wake-Up Call For Pet Food Companies

  

  As standards around per- and polyfluoroalkyl substances continue to evolve, a new study revealing that PFAS have found their way into many brands of pet food is a warning to the industry to reexamine the contents and marketing of their products in the face of increasing regulatory and litigation exposure, say attorneys at MG+M.

• Hungary CPAC Funding Probe Could Implicate US Entities

  

  A Hungarian anti-corruption investigation into claims that the former prime minister used taxpayer funds to support the Conservative Political Action Conference could include potential cross-border political and financial dimensions that create multiple touchpoints for U.S. regulatory and enforcement interest, say attorneys at Ballard Spahr.

• Opinion

  DOJ Delay Of ADA Web Rule Undermines Equal Access

  

  The U.S. Department of Justice's recent decision to delay compliance dates for regulations ensuring accessible government services online benefits no one, as it is long overdue for disabled Americans and doesn't lessen covered entities' legal obligations or litigation risk, say Mark Riccobono at the National Federation of the Blind and Eve Hill at Brown Goldstein.

• Series

  Officiating Football Makes Me A Better Lawyer

  

  Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

• How College Sports EO Raises Stakes, Casts Uncertainty

  

  The effectiveness of President Donald Trump's recent executive order urging national action to "save" college sports depends on NCAA implementation and judicial tolerance, neither of which is certain, so college athletics will remain governed by an unstable balance between executive pressure and judicial authority until Congress acts, say attorneys at Manatt.

• Written Consent Ruling May Signal Change For Telemarketing

  

  The Fifth Circuit's ruling in Bradford v. Sovereign Pest Control is a takedown of the Federal Communications Commission's prior express written consent regulation, and because Loper Bright empowers courts to disregard agency interpretations, Telephone Consumer Protection Act litigants now have an opportunity to challenge previously settled FCC regulations, orders and interpretations, say attorneys at Manatt.

• Prediction Market Platform Probes Merit Strategic Responses

  

  As the battle over the regulation of prediction markets is being waged between states and the federal government, investigations into insider trading allegations are increasingly originating from inside the exchanges themselves, creating obvious risks for market participants — as well as opportunities, say attorneys at Kobre & Kim.

• Shifts At DOJ Alter Corporate Self-Disclosure Calculus

  

  Though the Justice Department's new criminal enforcement policy clarifies the benefits of corporate self-disclosure, recent changes to prosecutorial priorities and resources mean that companies should reassess whether cooperation incentives still outweigh the risks of nondisclosure, says Hui Chen at CDE Advisors.