Expert Analysis

• Balancing The Risks And Rewards Of Private Equity In 401(k)s

  

  The recent executive order directing government agencies to consider encouraging private equity and other alternative investments in 401(k) plans does not change the fundamental fiduciary calculus or reduce risk, as success with private investments will depend on careful analysis of both participant demand and fiduciary obligations, say attorneys at Jenner & Block.

• A Mortgage Lender's Guide To State Licensing Overhaul

  

  Recent changes to the Conference of State Bank Supervisors' Nationwide Mortgage Licensing System require careful attention and planning from mortgage lenders, including tweaks to remote work designations and individual disclosure questions, says Allison Schilz at Mitchell Sandler.

• 2 Rulings Highlight IRS' Uncertain Civil Fraud Penalty Powers

  

  Conflicting decisions from the U.S. Tax Court and the Northern District of Texas that hinge on whether the IRS can administratively assert civil fraud penalties since the U.S. Supreme Court’s 2024 decision in SEC v. Jarkesy provide both opportunities and potential pitfalls for taxpayers, says Michael Landman at Bird Marella.

• SEC Fine Signals Crackdown On Security-Based Swap Dealers

  

  The U.S. Securities and Exchange Commission's recent fine against MUFG Securities is unique because it involves a non-U.S. security-based swap dealer complying with U.S. laws based on the election of substituted compliance, but it should not be dismissed as a one-off case, says Kelly Rock, formerly at the SEC.

• Junior Attys Must Beware Of 5 Common Legal Brief Mistakes

  Excerpt from Practical Guidance

  

  Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.

• Assessing Legal, Regulatory Hurdles Of Healthcare Offshoring

  

  The offshoring of administrative, nonclinical functions has emerged as an increasingly attractive option for healthcare companies seeking to reduce costs, but this presents challenges in navigating the web of state restrictions on the access or storage of patient data outside the U.S., say attorneys at McDermott.

• Expect DOJ To Repeat 4 Themes From 2024's FCPA Trials

  

  As two upcoming Foreign Corrupt Practice Act trials approach, defense counsel should anticipate the U.S. Department of Justice to revive several of the same themes prosecutors leaned on in trials last year to motivate jurors to convict, and build counternarratives to neutralize these arguments, says James Koukios at MoFo.

• Tips For Contesting, Settling Citations With The OSHRC

  Excerpt from Practical Guidance

  

  To effectively practice before the Occupational Safety and Health Review Commission, employers should strategically use the notice of contest and thoughtfully evaluate settlement considerations, and recognize that the implications of Occupational Safety and Health Administration citations extend beyond immediate monetary penalties, says John Ho at Cozen O'Connor.

• As Student Loan Outlook Dims, What Happens To The Banks?

  

  While much of the news around the student loan crisis focuses on the direct impact on young Americans' decreasing credit scores, the fate of the banks themselves — and the effect on banking policy — has been largely left out of the narrative, says Madeline Thieschafer at Fredrikson & Byron.

• How The SEC Has Subtly Changed Its Injunction Approach

  

  For decades, the U.S. Securities and Exchange Commission has relied on the obey-the-law injunction, but judicial deference to the SEC's desired language has fractured since 2012 — with the commission itself this year utilizing a more tailored approach to injunctions, albeit inconsistently, say attorneys at Hilgers Graben.

• How Trade Fraud Task Force Launch Furthers Policy Goals

  

  A new cross-agency trade fraud task force is the latest in a series of Trump administration efforts to leverage agency relationships in pursuit of its trade policy goals, and its creation signals a further uptick in customs enforcement, say attorneys at Morgan Lewis.

• Digital Asset Report Opens Doors For Banks, But Risks Linger

  

  A recent report from a White House working group discussing digital asset market structure signals how banks may elect to expand into digital asset custody, trading and related services in the years ahead, but the road remains layered with challenges, say attorneys at Foley & Lardner.

• Lessons As Joint Employer Suits Shift From Rare To Routine

  

  Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

• Texas Suit Marks Renewed Focus On Service Kickback Theory

  

  After a dormant period at the federal level, a theory of kickback enforcement surrounding nurse educator programs and patient support services resurfaced with a recent state court complaint filed by Texas against Eli Lilly, highlighting for drugmakers the ever-changing nature of enforcement priorities and industry landscapes, say attorneys at Sheppard Mullin.

• Series

  Power To The Paralegals: How And Why Training Must Evolve

  

  Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.