Expert Analysis

• How Nixing Trade-Through Rule Would Alter Equity Markets

  

  The U.S. Securities and Exchange Commission's recent proposal to rescind the trade-through rule and the locked-and-crossed-markets prohibition represents one of the most significant potential changes to U.S. equity market structure in two decades, affecting exchanges, broker-dealers, and institutional and retail investors alike, say attorneys at WilmerHale.

• Lessons On Contingency Planning From OFAC's Iran Reversal

  

  The Office of Foreign Assets Control‘s abrupt revocation of a recent license easing sanctions on Iranian oil products shows commercial dealings relying on OFAC licenses or with higher sanctions risks should expressly address what happens if a policy change makes performance prohibited, says Michelle Roberts at Berliner Corcoran.

• Shopify Settlement Clouds Open-Source Copyright Limits

  

  Shopify's confidential copyright settlement with Shopline, which agreed to stop distributing a disputed storefront theme, raises questions about how far copyright law can protect open-source software without undermining the collaboration that drives development, says Lindsey Sasson at Hach Rose.

• 2 AI Washing Rulings Apply Familiar Securities Fraud Rules

  

  Two recent federal court decisions to allow AI washing complaints to proceed begin to clarify the line between nonactionable optimism and actionable misstatements by framing the core issue as not overstating the promise of artificial intelligence, but misrepresenting the current state of a company's products, say attorneys at WilmerHale.

• The Nuance Between The Atkins, Gensler SEC Strategic Plans

  

  U.S. Securities and Exchange Commission Chairman Paul Atkins' recent draft strategic plan is a marked departure from that of former Chair Gary Gensler, portraying an intention to leave decisions to the market rather than steering corporate behavior through expansive disclosure mandates and regulatory enforcement, say attorneys at Cleary.

• Future Of Fed Independence Shaky After Justices' Ruling

  

  The U.S. Supreme Court's recent ruling in Trump v. Cook preserved the Federal Reserve's formal independence but could invite the president to remove board members with just modest protections, leaving the central bank's autonomy uncertain and potentially setting up fresh clashes over other agencies, says Steven Schwinn at the University of Chicago.

• $100M Clean Air Act Ruling Transforms Parent Co. Liability

  

  A Michigan federal court's recent decision in U.S. v. EES Coke Battery, holding a company liable for Clean Air Act violations at a plant owned by its subsidiary, weakens the legal shield between businesses and their corporate parents, and has started a legal battle that may last for years, say attorneys at Haynes Boone.

• A New Regulatory Environment For PE In Calif. Healthcare

  

  The California Office of Health Care Affordability's proposed revisions to its cost and market impact review regulations, amid broader state scrutiny of private equity-backed healthcare arrangements, represent a qualitative shift in California's regulatory posture toward institutional healthcare investment, say attorneys at Ropes & Gray.

• Laptop Farms Highlight Identity Fraud Risks Of Remote Work

  

  Two U.S. nationals' recent sentencing in Massachusetts federal court for a scheme that enabled foreign operatives to obtain remote jobs at U.S. companies using stolen identities is a reminder that employers must recalibrate their remote hiring, onboarding and monitoring practices to mitigate evolving cybersecurity and geopolitical risks, say attorneys at Foley & Lardner.

• How New FERC Orders Are Prepping Grid For Large Loads

  

  The Federal Energy Regulatory Commission's recent show-cause orders to grid operators to justify how their rates and regulations account for the interconnection of large and colocated loads like data centers may be just the first step in FERC's efforts to address anticipated reliability and affordability challenges in the coming years, say attorneys at Baker Donelson.

• AI Governance Tips For Avoiding Securities Suits

  

  A recent securities class action in California federal court against lending platform Upstart highlights how statements about artificial intelligence are increasingly being scrutinized not only by regulators, but also by shareholders, meaning companies should ensure oversight frameworks keep pace with the technology, say attorneys at Akerman.

• How Cos. Can Prep For Ultra-Processed Food Legal Risks

  

  A wave of litigation and government scrutiny directed against ultra-processed foods is now gaining momentum, following patterns seen previously in other industries — and food companies that recognize those patterns early will be better positioned to manage the increasing risks, say attorneys at Arnold & Porter.

• Lessons From The DOJ's 1st Enforcement Policy Declination

  

  The first U.S. Department of Justice declination to prosecute alleged export control violations and national security offenses offers a window into the operation of the administration’s recently implemented corporate enforcement and voluntary self‑disclosure policy, and how companies' compliance and cooperation efforts should be targeted, say attorneys at Pillsbury.

• FDA Moves Leave Peptides In A Legal Gray Zone

  

  While the U.S. Food and Drug Administration has taken a concrete step forward on reclassifying certain peptides, the practical consequence of their interim status cannot be overstated — these substances are no longer designated as posing a significant safety risk, but they have not been affirmatively authorized for compounding, say attorneys at Sheppard.

• Series

  Bass Fishing Makes Me A Better Lawyer

  

  Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.