Expert Analysis

• 6 Key Takeaways From CFIUS Annual Report

  

  Attorneys at Simpson Thacher review highlights from the annual report of the Committee on Foreign Investment in the U.S., released to Congress this month, including the launch of the American First Investment Policy and the Known Investor Pilot Program, and the agency's continued focus on enforcement despite its resource constraints.

• How Drug Trial Prediction Markets Pose Insider Trading Risks

  

  Multiple prediction market platforms have recently announced plans to offer event contracts related to clinical trial outcomes and regulatory decisions, creating new insider trading risks by expanding the group of people possessing related material nonpublic information far beyond traditional corporate insiders, say attorneys at King & Spalding.

• Series

  Law School's Missed Lessons: Surviving A Long Trial

  

  Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

• AI Chatbot's Medical Claims Highlight Enforcement Risks

  

  The Pennsylvania State Board of Medicine's recent lawsuit against Character Technologies, arguing that an artificial intelligence chatbot engaged in the unlicensed practice of medicine, may provide other state licensing boards with a road map for going after AI platforms, and counsel should advise clients to calibrate compliance accordingly, say attorneys at Cooley.

• Upping Fed, FDIC's Insider Loan Cap May Ease Bank Burdens

  

  Coordinated Federal Deposit Insurance Corp. and Federal Reserve proposals to raise the 1970s-era cap for bank executives borrowing from their institutions represent a long-needed regulatory recalibration that would lighten compliance obligations caused by the outdated ceiling without diminishing the original protections against conflicts of interest, say attorneys at Ballard Spahr.

• What Calif.'s New Focus On Microplastics Means For Cos.

  

  The recent move by California's Department of Toxic Substances Control to designate microplastics as candidate chemicals under its Safer Consumer Product regulations does not create a new product restriction — but it expands the agency's future reach by putting microplastics on the department’s regulatory runway, says Gregory Berlin at Alston & Bird.

• How 2 SEC Financial Report Initiatives May Clash In Practice

  

  The Securities and Exchange Commission’s near-simultaneous launch of a new unit to investigate fraud by accounting and audit professionals and its proposal to let public companies file less frequent financial reports sets up possible conflicts for issuers and their financial reporters that demand immediate strategic attention, say attorneys at Bracewell.

• 7th Circ. Ruling May Reduce Litigation Risk For Text Marketers

  

  The recent Seventh Circuit holding in Steidinger v. Blackstone Medical Services that unwanted marketing text messages are not telephone calls under the Telephone Consumer Protection Act may strengthen companies' responses to presuit demand letters and early-stage litigation claims premised on do-not-call text theories, say attorneys at Holland & Knight.

• Recent OCC Charter Approvals Signal Fintech Momentum

  

  The Office of the Comptroller of the Currency's recent charter approval for Circle, along with faster Federal Deposit Insurance Corp. review procedures, signals a more workable path to national bank and trust charters, meaning fintech firms should prepare regulator-ready applications and plan for intensified competition, say attorneys at Davis Wright.

• Midyear Trends, Takeaways As Securities Class Actions Surge

  

  High numbers of securities class actions through June suggest filings will stay elevated, with factors like changing enforcement attitudes, media scrutiny and the proliferation of potential defendants serving as both cause and effect in increased litigation involving AI-related disclosures, health and tech companies, and foreign issuers, say attorneys at Alston & Bird.

• How Copa América Reshaped Crowd Security Risk Planning

  

  Two years after crowds overwhelmed security at the Copa América Final in Florida, the host stadium's updated practices demonstrate a reassessment of the standard of reasonable care for large events, illustrating broader principles that attorneys, venue operators, municipalities, insurers and security professionals should consider, says Joshua Padron at Padron & Lopez-Trigo.

• Mapping A Compliance Framework For AI Chatbot Operators

  

  The Federal Trade Commission's recent artificial intelligence guidance, together with emerging state AI chatbot laws, wiretapping statutes and telecommunications requirements, carry significant implications for consumer-facing chatbot and customer service tool operators that require a layered disclosure framework addressing multiple regulatory touchpoints, say attorneys at Winston Taylor.

• Fashion Greenwashing Risk Goes From Reputational To Legal

  

  Fashion brands now face greenwashing risks that extend beyond reputational damage, with California's extended producer responsibility law taking effect soon, and regulatory enforcement and class actions increasing around terms like "sustainable" and "carbon-neutral" — so companies must ensure their marketing is backed up by evidence, says Benjamin Thompson at Thompson LLP.

• Bank Charter Denial Offers Road Map For Stablecoin Issuers

  

  The Office of the Comptroller of the Currency's recent denial of Wise's bank charter application signals that stablecoin issuers should expect rigorous scrutiny of anti-money laundering controls, governance, management expertise and affiliate compliance history when applying for federal approval, say attorneys at Katten.

• 3 Ways The SEC's Retail Fraud Reboot Raises The Bar

  

  The U.S. Securities and Exchange Commission's recent revival of the retail fraud working group with an expanded mandate, scope and experienced senior leadership points to a stronger incarnation of the task force with concrete implications for firms managing retail-accessible alternative investments, say attorneys at Fried Frank.