Expert Analysis

• 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.

• Opinion

  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.

• Series

  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.

• The Future Of Digital Asset Oversight May Rest With OCC

  

  How the Office of the Comptroller of the Currency handles fintechs' growing interest in national trust bank charters, demonstrated by a jump in filings this year, will determine how far the federal banking system extends to digital assets, and whether the charter becomes a mainstream supervisory pathway, say attorneys at Sheppard Mullin.

• Takeaways From First Resolution After FCPA Pause Was Lifted

  

  The U.S. Department of Justice’s recent deferred prosecution agreement with TIGO Guatemala — its first Foreign Corrupt Practice Act corporate resolution after issuing new guidelines and resuming enforcement — highlights several aspects of the administration’s approach to corporate foreign bribery enforcement, say attorneys at Cleary.

• OFSI Proposals Signal Greater Focus On Enforcement Activity

  

  The Office of Financial Sanctions Implementation’s proposed financial sanctions reforms, with risks of higher penalties and more stringent disclosure requirements for U.K. banks and companies, reflect the agency’s evolution into a more sophisticated and robust enforcement regulator, says Irene Polieri at Gibson Dunn.

• What CFPB Disparate Impact Proposal Means For Lenders

  

  Should the Consumer Financial Protection Bureau's reasoning for making proposed changes to the Equal Credit Opportunity Act — and the bureau itself — survive, lenders and other participants in the consumer finance industry may see a reduced emphasis on protected characteristics, say attorneys at Saul Ewing.

• Considerations When Invoking The Common-Interest Privilege

  

  To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.

• How 2nd Circ. Decision Extends CFTC's Extraterritorial Reach

  

  The Second Circuit recently concluded in U.S. v. Phillips that the Commodity Exchange Act extends to entirely foreign conduct if a victim of the conduct is based in the U.S., suggesting there is a heightened risk that foreign swap transactions will be susceptible to U.S. regulation when U.S. counterparties are involved, say attorneys at Skadden.

• AG Watch: Ohio's Prediction Market Preemption Battle

  

  Ohio Attorney General Dave Yost is playing a significant part in two cases involving Kalshi before the Third Circuit and the Southern District of Ohio, the latest in a growing string of court battles regarding which regulations govern prediction markets that will have notable consequences on sports gambling nationwide, say attorneys at BakerHostetler.

• How Banks Can Pilot Token Services As Fed Mulls Reforms

  

  While the Federal Reserve explores streamlined payment accounts and other reforms aimed at digital asset infrastructure, banks and payment companies seeking to launch stablecoin services must apply the same rigor they use for cards or automated clearinghouse, says Christopher Boone at Venable.

• Series

  The Law Firm Merger Diaries: Making The Case To Combine

  

  When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.

• Key Risks For Cos. As MAHA Influences Food Regulation

  

  As the Make America Healthy Again movement alters state and federal legislative and regulatory priorities, measures targeting ultra-processed foods, front-of-package labeling requirements and restrictions on schools are creating new compliance and litigation risks for food and beverage manufacturers, pharmaceutical companies, retailers and digital advertisers, say attorneys at Kelley Drye.