Expert Analysis

• Lessons From The DOJ's 1st Enforcement Policy Declination

  

  The first U.S. Department of Justice declination to prosecute alleged export control violations and national security offenses offers a window into the operation of the administration’s recently implemented corporate enforcement and voluntary self‑disclosure policy, and how companies' compliance and cooperation efforts should be targeted, say attorneys at Pillsbury.

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  Bass Fishing Makes Me A Better Lawyer

  

  Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

• What Consent Decree Trends Mean For Deal Clearances

  

  With merger remedies back on the table under the current administration, an analysis of recent Federal Trade Commission and U.S. Department of Justice consent decrees reveals that prior approval and prior notice provisions are no longer a foregone conclusion, and companies may be able to negotiate narrowly tailored obligations, say attorneys at Weil.

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  NY Banking Brief: All The Notable Legal Updates In Q2

  

  The year's second quarter brought several notable banking law developments to New York, including a proposal to align state stablecoin rules with the federal Genius Act, fresh fair lending and cybersecurity guidance from state regulators, and a significant Second Circuit holding on preemption, say attorneys at Ashurst Perkins Coie.

• How Reincorporating In Texas May Alter Earnout Disputes

  

  While the DExit debate has focused on shareholder suits, far less attention has been paid to what reincorporating in Texas means for M&A disputes, making it particularly important to understand the nuances between Delaware and Texas earnout jurisprudence, say attorneys at Selendy Gay.

• Structuring Space Nuclear Deals For Regulatory Risk

  

  With the White House's recent focus on space nuclear power, a highly important question for companies that want to build orbital reactors, lunar surface systems or critical components is whether the transaction documents can handle foreign investment constraints, export controls and treaty-linked liability, says Kristie Blase at Frazer + Blase.

• What Durnell Ruling Means For Mo. Roundup Settlement

  

  While the U.S. Supreme Court’s recent ruling in Monsanto v. Durnell forecloses the failure-to-warn theory that carried most of the claims against Monsanto in a pending class action in Missouri state court, it leaves untouched the question of whether the class was assembled merely to contain the defendant's liability, says attorney Gregg Goldfarb.

• Texas Business Court Rulings Show Deal Terms Paramount

  

  As the courts within the Texas Business Court system have begun reaching the substantive merits of the cases before them, they are persuasively demonstrating they will not only enforce the terms of transactions as written, but will also embrace a holistic approach to complex transaction documentation interpretation, says Christopher Pace at Winston Taylor.

• Agentic AI And Securities Law: Who Is The Adviser?

  

  Securities regulation has always been actor-based, but as agentic artificial intelligence becomes more common, it will push the law toward a partially system-based framework in which systems themselves, and the relationships between them and their deployers, are the focus of regulatory attention, says Joseph A. Hall at Davis Polk.

• 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

  

  The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

• Quantum Readiness May Paradoxically Raise Contractor Risk

  

  The organizations best positioned for the cryptographic system migration deadlines and other requirements under President Donald Trump’s recent quantum executive orders will be those able to inventory their cryptographic dependencies while protecting their vulnerability road map from adversaries, says Jesse Lemon at The Beckage Firm.

• Why SEC Climate Rule Rescission Wouldn't End Disclosure

  

  If the U.S. Securities and Exchange Commission's recent proposal to rescind its 2024 climate-related disclosure rules is adopted, companies would no longer need to prepare for the rules' specific governance, emissions, attestation, financial statement and tagging requirements, but several important constraints would remain, say attorneys at Venable.

• Have Private Suits Filled Gap Left By SEC's Crypto Pullback?

  

  In the wake of the U.S. Securities and Exchange Commission's regulatory retreat in the crypto space, private litigants have pursued claims across different types of crypto-related activities and market participants, but whether private lawsuits have replaced SEC enforcement remains unclear, says Simona Mola at NERA.

• Justices Stand On Statutory Specifics In Cisco And Landor

  

  With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

• Why Biotech Cos. Need Litigation Plans Before Bad News

  

  Biotech companies should take proactive steps to respond to the growing trend of securities litigation filed against them, due to the inherently uncertain nature of their business models and heightened scrutiny of clinical trial disclosures, regulatory communications and investor-facing statements, says Wesley Horton at FBFK.