Expert Analysis

• 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.

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  Preaching Makes Me A Better Lawyer

  

  Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.

• Why Digital Asset Treasuries Are Drawing Regulator Concerns

  

  Financial regulators’ recent focus on potential insider trading and investor risk at hundreds of publicly traded digital asset treasuries may have been summoned by how quickly this rapidly expanding market responds to asset allocation decisions, as well as variations in risk disclosure practices across the sector, say attorneys at The Brattle Group.

• State, Federal Incentives Heat Up Geothermal Projects

  

  Geothermal energy can now benefit from dramatically accelerated permitting for development on federal land as well as state-level renewable energy portfolio standards — but operating in the complex legal framework surrounding geothermal projects requires successful navigation of complex water rights and environmental regulations, say attorneys at Holland & Hart.

• Minn. Financial Abuse Law Should Prompt Operational Review

  

  A new Minnesota law targeting the financial exploitation of vulnerable adults with an order-for-protection mechanism will affect multiple functions across banking organizations, and in the time remaining in 2025, banks should take action to update any needed workflow and documentation protocols, say attorneys at Winthrop & Weinstine.

• SEC Penalties Trended Down In FY 2025, Offering 2026 Clues

  

  The U.S. Securities and Exchange Commission's settled corporate penalties in fiscal year 2025 show a clear dividing line, as the largest penalties all came before Inauguration Day, a trend that may continue as the types of cases that lead to the biggest penalties seem to be no longer favored by the commissioners, say attorneys at Dentons.

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  Law School's Missed Lessons: Practicing Client-Led Litigation

  

  New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.

• What To Expect From DOD's Acquisitions Revamp

  

  The U.S. Department of Defense’s recently announced reshuffling of offices and changes to approval processes aimed at streamlining acquisitions and foreign military sales could materially reshape how contractors position themselves, structure bids and manage compliance, say attorneys at Morgan Lewis.

• A Close Look At The Evolving Interval Fund Space

  

  Interval funds — closed-end registered investment companies that make periodic repurchase offers — have recently moved to the center of the conversation about retail access to private markets, spurred along by President Donald Trump's August executive order incorporating alternative assets into 401(k) plans and target date strategies, say attorneys at Simpson Thacher.

• Meta Monopoly Ruling Highlights Limits Of Market Definition

  

  A D.C. federal court's recent ruling that Meta is not monopolizing social media raises questions, such as why market definition matters and whether we have the correct model of competition, which can aid in making a stronger case against tech companies, says Shubha Ghosh at the Syracuse University College of Law.

• A Primer On NYDFS' 3rd-Party Cybersecurity Guidance

  

  The New York Department of Financial Services' recently released comprehensive guidance for registrants on managing cybersecurity risks associated with third-party service providers illustrates why proactive engagement by senior leadership, robust due diligence, strong contractual protections and ongoing oversight are essential to mitigating growing risks, say attorneys at McGuireWoods.

• Perspectives

  Nursing Home Abuse Cases Face 3 Barriers That Need Reform

  

  Recent headlines reveal persistent gaps in oversight and protection for vulnerable residents in long-term care, but prosecution of these cases is often stymied by numerous challenges that will require a comprehensive overhaul of regulatory, legal and financial structures to address, says Veronica Finkelstein at Wilmington University.

• Florida Throws A Wrench Into Interstate Trucking Torts

  

  Florida's recent request to file a bill of complaint in the U.S. Supreme Court against California and Washington, asserting that the states' policies conflict with the federal English language proficiency standard for truck drivers, transforms a conventional wrongful death case into a high-stakes constitutional challenge, say attorneys at Farah & Farah.

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  The Law Firm Merger Diaries: How To Build On Cultural Fit

  

  Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.

• Why Justices Must Act To End Freight Broker Liability Split

  

  The Sixth Circuit's recent ruling in Cox v. Total Quality Logistics Inc., affirming states' authority over negligence claims against transportation brokers, deepens an existing circuit split, creating an untenable situation where laws between neighboring states conflict in seven distinct instances — and making U.S. Supreme Court intervention essential, says Steven Saal at Lucosky Brookman.