Expert Analysis

• SDNY OpenAI Order Clarifies Preservation Standards For AI

  

  The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything” approach, says Philip Favro at Favro Law.

• What's At Stake In Justices' Merits Hearing Of FTC Firing

  

  In December, the U.S. Supreme Court will review President Donald Trump's firing of Democratic Federal Trade Commissioner Rebecca Slaughter, a decision that will implicate a 90-year-old precedent and, depending on its breadth, could have profound implications for presidential authority over independent agencies, say attorneys at Holland & Knight.

• Dropped Case Shows SEC Focus On Independent Directors

  

  The U.S. Securities and Exchange Commission's recent liquidity rule case against Pinnacle Advisors, despite its dismissal by the commission, serves as a reminder that the SEC expects directors to embrace their role as active, probing fiduciaries, says Dianne Descoteaux at MFDF.

• Addressing Legal Risks Of AI In The Homebuilding Industry

  

  Artificial intelligence is transforming the homebuilding industry, but the legal challenges posed by its adoption spread across many areas, including contractual liability and intellectual property issues, so builders should adopt strategies to mitigate the risks and position themselves for success, says Philip Stein at Bilzin Sumberg.

• Compliance Steps To Take As FCRA Enforcement Widens

  

  As the Fair Credit Reporting Act receives renewed focus from both federal and state enforcers, regulatory and litigation risk is most acute in several core areas, which companies can address by implementing purpose processes and quick remediation of consumer complaints, among other steps, say attorneys at Wiley.

• 4 Strategies To Ensure Courts Calculate Restitution Correctly

  

  Recent reversals of restitution orders across the federal appeals courts indicate that some lower courts are misapplying fundamental restitution principles, so defense attorneys should consider a few ways to vigilantly press these issues with the sentencing judge, says Wesley Gorman at Comber Miller.

• What EPA's Continued Defense Of PFAS Rule Means For Cos.

  

  The U.S. Environmental Protection Agency's recent decision to continue defending a Biden-era rule designating two per- and polyfluoroalkyl substances as Superfund hazards may provide the EPA with significant authority over national PFAS cleanup policy — and spur further litigation by both government and private parties, say attorneys at Morgan Lewis.

• 6 Shifts In Trump Tax Law May Lend A Hand To M&A Strategy

  

  Changes in the Trump administration's recent One Big Beautiful Bill Act stand to create a more favorable environment for mergers and acquisitions, including full bonus depreciation and an expanded code section, say attorneys at K&L Gates.

• Examining The Quietest EEOC Enforcement Year In A Decade

  

  The U.S. Equal Employment Opportunity Commission filed the fewest merit lawsuits in a decade in fiscal year 2025, but recent litigation demonstrates its enforcement priorities, particularly surrounding the healthcare industry, the most active districts, and pregnancy- and religion-based claims, say attorneys at Seyfarth.

• Transource Ruling Affirms FERC's Grid Planning Authority

  

  The Third Circuit's recent decision in Transource Pennsylvania v. DeFrank, reversing a state agency's denial of an electric transmission facility permit, provides a check on states' ability to veto needed power projects, and is a resounding endorsement of the Federal Energy Regulatory Commission's regional transmission planning authority, say attorneys at Wilson Sonsini.

• Assessing The Future Of The HIPAA Reproductive Health Rule

  

  In light of a Texas federal court's recent decision to strike down a U.S. Department of Health and Human Services rule aimed to protect the privacy of patients seeking abortions and gender-affirming care, entities are at least temporarily relieved from compliance obligations, but tensions are likely to continue for the foreseeable future, says Liz Heddleston at Woods Rogers.

• State Paid Leave Laws Are Changing Employer Obligations

  

  A wave of new and expanded state laws covering paid family, medical and sick leave will test multistate compliance systems, marking a fundamental operational shift for employers that requires proactive planning, system modernization and policy alignment to manage simultaneous state and federal obligations, says Madjeen Garcon-Bonneau at PrestigePEO.

• How Crypto Embrace Will Affect Banks And Credit Unions

  

  The second Trump administration has moved aggressively to promote crypto-friendly reforms and initiatives, and as the embrace of stablecoins and distributed ledger technology grows, community banks and credit unions should think strategically as to how they might use these innovations to best serve their customers, says Jay Spruill at Woods Rogers.

• Navigating The SEC's Evolving Foreign Private Issuer Regime

  

  As the U.S. Securities and Exchange Commission reevaluates foreign private issuer eligibility, FPIs face not only incremental compliance costs but also a potential reshaping of listing strategies, capital access, enforcement exposure and global regulatory coordination, potential unintended effects that deserve further exploration, say attorneys at Simpson Thacher.

• How Calif. Law Cracks Down On Algorithmic Price-Fixing

  

  Gov. Gavin Newsom signed two laws this month significantly expanding state antitrust enforcement and civil and criminal penalties for the use or distribution of shared pricing algorithms, as the U.S. Department of Justice has recently wielded the Sherman Act to challenge algorithmic pricing, say attorneys at Pillsbury.