Expert Analysis

• Del. Boeing Ruling Shows How Compliance Defeats Caremark

  

  The Delaware Chancery Court's recent dismissal of shareholder litigation against Boeing's board in the wake of the Alaska Airlines door-plug blowout incident carries significant lessons for shareholders pursuing Caremark claims, and for corporate counsel advising boards on oversight obligations, says Brian Rostocki at Reed Smith.

• Youth Center Investigation Shows Rising Governance Scrutiny

  

  A recent New Hampshire attorney general report following its investigation into the state's Sununu Youth Services Center shows how organizations serving vulnerable populations can face scrutiny of their governance, safety practices and preparedness, even when investigators find no abuse, say attorneys at Morgan Lewis.

• Opinion

  A Guiding Principle For The SEC On Exempt Capital Markets

  

  The U.S. Securities and Exchange Commission's recently proposed Regulation Crypto Assets borrows selectively from other capital-raising exemptions while giving crypto issuers materially different terms, and those unexplained differences reveal the need for a regulatory approach of presumptive parity, says Brian Christie at the Crowdfunding Professional Association.

• EU's Russian Crypto Sanctions Call For Layered Compliance

  

  The European Union's recently adopted Russia crypto sanctions package marks a significant escalation in enforcement, making it prudent to adopt a stratified compliance approach capable of identifying indirect measures via decentralized finance, cross-chain infrastructure, stablecoins and other blockchain-native services, says Kevin Strenski at Nardello.

• Where DOJ's Fraud Priorities Memo May Actually Matter

  

  The U.S. Department of Justice’s recently released memo outlining priorities for its newly created fraud division will shape how cases are identified, staffed and sequenced, meaning white collar defense work must begin earlier, say David Tarras at Tarras Defense and Trevor Jones at Dynamis.

• What To Know As Legal Duty To Consider AI Takes Shape

  

  While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

• Why Data Centers Must Focus On Water Stewardship

  

  Reducing overall water use is important for data center developers and operators, but comprehensive water stewardship — including cooling system operation, chemical treatment, wastewater discharge, maintenance activities and interactions with municipal water infrastructure — is rapidly becoming both a regulatory expectation and a business imperative, say attorneys at Baker Donelson.

• What Cos. Should Do During Stay Of Nasdaq Delisting Rule

  

  The U.S. Securities and Exchange Commission recently approved — and subsequently stayed — Nasdaq's $5 million market value threshold for continued listing, giving companies additional time to evaluate financing opportunities, communicate with investors and consider strategic alternatives, says Joseph Lucosky at Lucosky Brookman.

• Prepping To Use Crypto Collateral Under Ohio Ownership Law

  

  Ohio's digital asset law should ease the path to using cryptocurrency as collateral, and as the October effective date approaches, lenders should update their loan documentation and diligence processes to take advantage of the new control-based perfection rules, say attorneys at Kegler Brown.

• NY Bill Would Boost Litigation Risk For Cosmetics Cos.

  

  The Beauty Justice Act, now pending in the New York Legislature, would not only present compliance challenges for companies making cosmetics and personal care products, but could also be used by private plaintiffs to bring consumer fraud, false advertising, toxic exposure and product liability claims, says Kadeejah Kelly-Previl at Faegre Drinker.

• How Solar Fraud Case Affects Lender Oversight Of Dealers

  

  The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

• Parsing Gov't Scrutiny Of Lending To Unauthorized Workers

  

  Attorneys at Mayer Brown explain guidance recently issued by three banking regulators that addresses risks associated with lending to so-called non-work authorized individuals and discuss what the regulatory update could mean for fintech companies.

• How FCC Covered List Blitz Is Sidelining Commerce Dept.

  

  The swath of recent Federal Communications Commission rulemakings raises serious questions about the purpose and future of Commerce's Office of Information and Communications Technology and Services, and how the U.S. government will go forward in imposing national security regulation on domestic applications of adversary-linked technologies, says Peter Jeydel at Troutman.

• DOJ Healthcare Declination Offers Self-Disclosure Checklist

  

  The U.S. Department of Justice's declination of criminal charges against Campus Eye Management signals that its new self-disclosure policy provides a real path for healthcare companies to avoid criminal exposure, but that path is paved with speed, transparency and operational remediation, says Jonathan Porter at Husch Blackwell.

• Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

  

  Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.