Expert Analysis

• AI Evidence Rule Tweaks Encourage Judicial Guardrails

  

  Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

• Where Things Stand At The CFPB As Funding Dries Up

  

  The Consumer Financial Protection Bureau is on pace to run out of funding in the new year, threatening current and future rulemaking efforts, but a rapid series of recent actions still carries significant implications for regulated entities and warrants careful monitoring in the remaining weeks of the year, say attorneys at Brownstein Hyatt.

• Terrorist Label For Maduro Poses New Risks For US Firms

  

  The State Department's recent designation of President Nicolás Maduro, and other Venezuelan government and military officials, as members of a foreign terrorist organization drastically increases the level of caution companies must exercise when doing business in the region to mitigate potential civil, criminal and regulatory risk, say attorneys at Freshfields.

• Series

  The Law Firm Merger Diaries: Getting The Message Across

  

  Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

• How Bank-Fintech Partnerships Changed In 2025

  

  The 2025 transition to the Trump administration, augmented by the reversal of Chevron deference in 2024, has resulted in unprecedented shifts, and bank-fintech partnerships are no exception, with key changes affecting a number of areas including charters, regulatory oversight and anti-money laundering, say attorneys at K&L Gates.

• Steps For Cos. To Comply With Colo. Deceptive Pricing Law

  

  Colorado's newly passed law protecting against deceptive pricing practices will take effect on Jan. 1, broadening the consumer protection framework and standardizing total price disclosure requirements across a variety of industries, and there are several steps businesses can take to comply, say attorneys at Haynes Boone.

• New 'Waters' Definition Could Bring Clarity — And Confusion

  

  Federal agencies have proposed a new regulatory definition of "waters of the United States," a key phrase in the Clean Water Act — but while the change is meant to provide clarity, it could spark new questions of interpretation, and create geographic differences in how the statute is applied, say attorneys at Bracewell.

• Opinion

  Horizontal Stare Decisis Should Not Be Casually Discarded

  

  Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

• DC Circ. Decision Reaffirms SEC Authority Post-Loper Bright

  

  The recent denial of a challenge to invalidate 2024 amendments to the U.S. Securities and Exchange Commission's tick size and fee-cap rules reinforces the D.C. Circuit's deference to SEC expertise in market structure regulation, even after Loper Bright, though implementation of the rules remains uncertain, say attorneys at Sidley.

• 10 Commandments For Agentic AI Tools In The Legal Industry

  

  Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.

• New Drug Ad Regs Could Lead To A Less Informed Public

  

  A federal push to mandate full safety warnings in pharmaceutical advertising could make drug ads less appealing for companies to air, which in turn could negatively affect consumers' health decisions by removing an accessible information source, say Punam Keller at Dartmouth College and Ceren Canal Aruoba at Berkeley Research Group.

• 10th Circ. Decision May Complicate Lending In Colorado

  

  The Tenth Circuit's decision last month in National Association of Industrial Bankers v. Weiser clears the way for interest rate limits on all consumer lending in Colorado, including loans from out-of-state banks, potentially adding new complexities to lending to Colorado residents, say attorneys at Manatt.

• What Trump's Scientific Discovery AI Order Will Mean For Cos.

  

  Although private organizations will not see an immediate change in their compliance obligations from President Trump's recent executive order establishing a government effort to use artificial intelligence to accelerate scientific discovery, large enterprises and critical infrastructure operators will face pressure to demonstrate that their AI practices are comparable, says Shawn Tuma at Spencer Fane.

• Opinion

  California Vapor Intrusion Policy Should Focus On Site Risks

  

  As California environmental regulators consider whether to change the attenuation factor used in screenings for vapor intrusion, the most prudent path forward is to keep the current value for screening purposes, while using site-specific, risk-based numbers for cleanup and closure targets, says Thierry Montoya at Frost Brown.

• 9th Circ. Ruling Upholds Employee Speech Amid Stalled NLRB

  

  The Ninth Circuit's recent decision in National Labor Relations Board v. North Mountain Foothills Apartments shows that courts are enforcing National Labor Relations Act protections despite the board's current paralysis, so employers must tread carefully when disciplining employee speech, whether at work or online, say attorneys at Foley & Lardner.