Expert Analysis

• Contract Language Reigned Supreme In Bancorp Dismissal

  

  A Minnesota federal court's recent dismissal of claims over U.S. Bancorp's cash sweep program underscores that clear contractual disclosures hold weight in class actions, demonstrating the power of contract language that plainly indicates terms, fiduciary limits and institutional benefits to customers, says Quin Seiler at Winthrop & Weinstine.

• 4 True Lender State Laws And 1 Appeal For Fintechs To Watch

  

  The fintech industry faces increased scrutiny through proposed true lender laws from several states, as well as ongoing litigation regarding the impact of Colorado's opt-out from the Depository Institutions Deregulation and Monetary Control Act — all of which should heighten industry participants' vigilance, say attorneys at Womble Bond.

• GHG Endangerment Finding Repeal Brings New Legal Risks

  

  The U.S. Environmental Protection Agency's 2009 determination that greenhouse gases endanger public health and welfare anchored a matrix of regulation across multiple sectors — and the recent repeal of that finding has fundamentally destabilized the legal landscape governing industrial emissions, corporate liability and climate-related risk management, says Tanya Nesbitt at Thompson Hine.

• PFAS Study Is Wake-Up Call For Pet Food Companies

  

  As standards around per- and polyfluoroalkyl substances continue to evolve, a new study revealing that PFAS have found their way into many brands of pet food is a warning to the industry to reexamine the contents and marketing of their products in the face of increasing regulatory and litigation exposure, say attorneys at MG+M.

• Series

  Officiating Football Makes Me A Better Lawyer

  

  Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

• Written Consent Ruling May Signal Change For Telemarketing

  

  The Fifth Circuit's ruling in Bradford v. Sovereign Pest Control is a takedown of the Federal Communications Commission's prior express written consent regulation, and because Loper Bright empowers courts to disregard agency interpretations, Telephone Consumer Protection Act litigants now have an opportunity to challenge previously settled FCC regulations, orders and interpretations, say attorneys at Manatt.

• Prediction Market Platform Probes Merit Strategic Responses

  

  As the battle over the regulation of prediction markets is being waged between states and the federal government, investigations into insider trading allegations are increasingly originating from inside the exchanges themselves, creating obvious risks for market participants — as well as opportunities, say attorneys at Kobre & Kim.

• Series

  Law School's Missed Lessons: How To Draft Pleadings

  

  Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

• Crypto Trading App Statement Advances SEC's New Direction

  

  While the U.S. Securities and Exchange Commission's staff statement from last week carving out an exemption from broker-dealer registration for crypto-trading apps isn't a formal or permanent rule, it's the clearest signal yet of a quickly emerging coherent regulatory framework for digital assets, says Stephen Aschettino at Fox Rothschild.

• How Cos. Can Prep For Conn. Data Privacy Amendments

  

  Effective July 1, 2026, amendments to the Connecticut Data Privacy Act narrow the safe harbor for data used by banks, insurance companies and other financial services businesses, highlighting how state regulators plan to focus on how companies handle sensitive data and honor the data rights of the state's residents, say attorneys at Day Pitney.

• E-Discovery Quarterly: Recent Rulings On ESI Control

  

  Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

• What GAO Report Reveals About CFPB Cutbacks

  

  The U.S. Government Accountability Office's first report on the downsizing of the Consumer Financial Protection Bureau details an agency facing less funding and aggressive efforts to shrink its workforce and docket — suggesting that the bureau will face sharper choices about where to deploy staff and litigation resources, say attorneys at Troutman.

• Insurer Lessons From 1st Wave Of GenAI Coverage Rulings

  

  Several pending cases target the issue of whether generative AI may appropriately replace human professional decision-making, and though each case is still in discovery, the decisions thus far provide insurers with guidance on how courts may view these claims, say attorneys at Simpson Thacher.

• The Role Of Operational Data In Tech Platform Liability Suits

  

  As litigation becomes a de facto substitute for the regulation of major technology platforms, with plaintiffs advancing claims under product liability, public nuisance and consumer protection laws, among others, courts are evaluating how platform systems operate in practice based on large-scale operational data, say attorneys at Brattle.

• How Banks Can React To Risks In FinCEN Whistleblower Rule

  

  Financial institutions should reassess and, if necessary, strengthen existing policies, procedures and other frameworks related to whistleblowers and internal reporting in light of the Financial Crimes Enforcement Network's recent proposal to formalize a whistleblower award program, say attorneys at Arnold & Porter.