Expert Analysis

• Q3 Numbers Refine Picture Of SEC Enforcement Trajectory

  

  A snapshot of the U.S. Securities and Exchange Commission’s third-quarter enforcement actions suggest the program may be smaller than in prior years, but that it is increasingly concentrated around market abuse and individual misconduct, especially related to insider trading, say Adrienna Huffman, Jan Jindra and Erik Johannesson at The Brattle Group.

• Banks Face Lighter CRA Burdens Under Regulators' Proposal

  

  Banking regulators' recently proposed rule to redo the framework under the Community Reinvestment Act would materially change which banks are subject to its most demanding requirements and how regulators evaluate lending, services, community development activities and strategic plans, says James Williams at Venable.

• 10 Ways To Avoid Privacy Risks Revealed In AI Notetaker Suits

  

  Litigation claiming Otter.ai trained its AI-powered transcription tool on user conversations and a recent complaint alleging Granola’s notetaking bot joined video calls unbeknownst to participants show companies should assess these technologies as communications-capture tools with privacy and wiretap risks, says Jennifer Ruehr at Hintze Law.

• FTC IonQ Review Unearths A Divide In Vertical Merger Remedy

  

  The Federal Trade Commission's recent split decision to close its investigation into the merger between IonQ and SkyWater Technology offers a candid window into how enforcers may approach vertical merger concerns after a string of difficult government cases, says Nicholas Cheolas at Wiley.

• Series

  Taekwondo Makes Me A Better Lawyer

  

  Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

• NC Crypto Kiosk Law Opens Door To Stricter Fraud Regs

  

  North Carolina's new cryptocurrency kiosk law will force operators to build fraud-screening, disclosure and compliance systems before the end of the year, while also providing an opening for more stringent city and county limits on kiosk placement and operations, say attorneys at Moore & Van Allen.

• Student Loan Suit Draws Line On Testimony In Trust Litigation

  

  A recent interlocutory opinion from the Southern District of New York shows securitization experts can explain servicing practices but cannot substitute for authenticated loan-level ownership proof or intent evidence, signaling that parties in student loan trust cases should sharpen recordkeeping and tracing strategies, says attorney Stanley Tate.

• 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

  

  The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

• When And How To Use 4 Types Of Cross-Exam Questions

  

  Perceptions of a great cross-examination are often shaped by aggressive courtroom exchanges, but to be truly effective, this stage of trial requires strategically selecting confirmation, confinement, contrast or confrontation questions at key moments, says Allison Rocker at Baker McKenzie.

• 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.

• 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.

• NC Dental Review Change Counters Tougher National Trend

  

  North Carolina’s elimination of its prior review requirement for dental management agreements departs sharply from the national trend toward expanded corporate practice of medicine oversight, but stakeholders should not view this regulatory shift as a relaxation of compliance expectations, say attorneys at Holland & Knight.

• 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.

• Appellate Vape Rulings May Expand State Regulation Powers

  

  Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.