Expert Analysis

• Shopify Suit Is An Early Antitrust Test Of 'Buy Now, Pay Later'

  

  An ongoing antitrust suit in Minnesota federal court filed by Sezzle against Shopify — one of the earliest such lawsuits focused on buy now, pay later services — could play a particularly informative role in how short-term credit offerings and the broader market develop, say attorneys at Alston & Bird.

• 2025's Most Notable State AG Activity By The Numbers

  

  State attorneys general were active in 2025, working across party lines to address federal regulatory gaps in artificial intelligence, take action on consumer protection issues, continue antitrust enforcement and announce large settlements on behalf of their citizens, say attorneys at Jenner & Block.

• Opinion

  The Case For Emulating, Not Dividing, The Ninth Circuit

  

  Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Judge J. Clifford Wallace of the Ninth Circuit Court of Appeals.

• Autonomous AI Attacks Demarcate Shift In Risk Landscape

  

  Anthropic and OpenAI recently disclosed cyberattacks where an artificial intelligence agent was the primary attacker, illustrating immediate implications for corporate governance, contracting and security programs as companies integrate AI with their business systems, say Rahul Mukhi and Melissa Faragasso at Cleary and Brian Lichter at Stroz Friedberg.

• 2025's Defining AI Securities Litigation

  

  Three securities litigation decisions from 2025 — involving General Motors, GitLab and Tesla — offer a preview of how courts will assess artificial intelligence-related disclosures, as themes such as heightened regulatory scrutiny and risk surrounding technical claims are already taking shape for the coming year, say attorneys at Cooley.

• How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases

  

  Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.

• Key Trends For Life Sciences Cos. To Watch In 2026

  

  Following a year of drastic change at the U.S. Food and Drug Administration, two themes are likely to drive the coming year — a commitment to lowering the cost of drugs and an inherent tension between the priorities of the health agencies and the broader administration, say attorneys at Sheppard Mullin.

• Series

  Mass. Banking Brief: All The Notable Legal Updates In Q4

  

  Among the most significant developments on the banking regulation front in Massachusetts last quarter, Attorney General Andrea Joy Campbell announced her bid for reelection, and the state Division of Banks continued its fintech focus by finalizing rules implementing a new money transmitter law, say attorneys at Nutter.

• Series

  Muay Thai Makes Me A Better Lawyer

  

  Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.

• Series

  Law School's Missed Lessons: Intentional Career-Building

  

  A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.

• State AG Enforcement During CFPB Gap Predicts 2026 Trends

  

  State attorneys general responded to the decrease in Consumer Financial Protection Bureau enforcement in 2025 by stepping in to regulate consumer finance more than ever before, and the trends in rebooting CFPB investigations, cracking down on ESG and DEI initiatives, and fighting financial exploitation of homeowners will likely extend into 2026, say attorneys at Cozen O'Connor.

• How Settlement In Texas TCPA Case Affects Text Marketing

  

  The recent settlement in Ecommerce Innovation Alliance v. State of Texas, which challenged the constitutionality of expanded registration requirements of the Texas mini-Telephone Consumer Protection Act, is a substantial win for companies concerned about being penalized by Texas regulators or other financial exposure for sending consented-to marketing texts, but the expanded private right includes other traps for the unwary, say attorneys at Womble Bond.

• Reviewing 2025's Artificial Intelligence Disputes Over IP

  

  2025 brought the first major fair use rulings involving generative artificial intelligence, and in 2026 courts will weigh in on more discovery disputes, renewed motions to dismiss, class certification challenges and fair use defenses that could shape the course of future AI litigation, say attorneys at Debevoise.

• Food Industry Braces For MAHA And Other Challenges In 2026

  

  After the Make America Healthy Again movement kept the U.S. Food and Drug Administration under pressure in 2025, actions in the food safety space are likely to continue this year, including updated Supplemental Nutrition Assistance Program dietary guidelines and processed food definitions, say attorneys at Wiley.

• Preparing For Congressional Investigations In A Midterm Year

  

  2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.