Expert Analysis

• Forensic Artifacts Play Legal Role In Cyber Incident Response

  

  Companies' security and legal teams must work together to collect forensic artifacts related to data security incidents, in order to defend against potential claims, evaluate contractual obligations, identify dispute resolution options and determine who the business should notify, say Kamran Salour and Sadia Mirza at Troutman Pepper, and Kayla Barker at Tetra Defense.

• To Avoid A Rail Strike, Congress Tread A Well-Worn Path

  

  While the congressional legislation President Joe Biden signed this week to avoid a national rail shutdown may seem extraordinary, interventions of this sort have been used a dozen times since the passage of the Railway Labor Act in 1926, making them far from unprecedented, says Charles Shewmake at Holland & Knight.

• 5 Takeaways From The SEC's Annual Whistleblower Report

  

  Jane Norberg and Adam Reinhart at Arnold & Porter offer insights into the U.S. Securities and Exchange Commission's recent 2022 whistleblower report — including the agency's increased focus on whistleblower impeding cases, initial coin offerings and cryptocurrency — as the agency continues to receive a record-breaking number of tips.

• Safeguarding Attorneys' Greatest Asset: Our Mental Health

  

  Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

• How The Amgen Case May Affect Patent Owners, Prosecutors

  

  Depending on how the U.S. Supreme Court rules in Amgen v. Sanofi, its decision to review the enablement requirement of Section 112 of the Patent Act could result in significant strategic adjustments by patent owners and prosecutors, say attorneys at Troutman Pepper.

• IRS Starts Clock On Energy Projects' Labor Rule Exemption

  

  A U.S. Department of the Treasury notice published this week started the 60-day clock for clean energy projects seeking to be grandfathered from having to meet new labor requirements to qualify for enhanced tax credits, and uncertainty about how the provisions will apply should be incentive for some investors to begin construction soon, say attorneys at Eversheds Sutherland.

• Lessons From Bittrex's Settlements With OFAC And FinCEN

  

  Bittrex’s recent settlements with the Office of Foreign Assets Control and Financial Crimes Enforcement Network over allegations it violated sanctions and anti-money laundering laws provide lessons for crypto companies that engage in cross-border financial transactions, especially when they rely on third-party compliance vendors, say attorneys at Greenberg Traurig.

• 5th Circ. Class Action Rulings Reflect Post-TransUnion Trends

  

  In the wake of the U.S. Supreme Court's 2021 TransUnion v. Ramirez decision, Fifth Circuit case trends this year highlight the importance of closely evaluating standing challenges where the injury-in-fact is questionable, even where a statutory violation might exist, say attorneys at K&L Gates.

• Top 10 Labor And Employment Issues In M&A Transactions

  

  In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.

• FTX Bankruptcy Provides A Road Map For Crypto Regulation

  

  FTX’s recent Chapter 11 filing provides an outline of what government regulation is needed in the crypto space, including a crackdown on misleading marketing strategies and a clear bankruptcy framework that may prevent future runs on crypto companies, say Kimberly Black and Daniel Lowenthal at Patterson Belknap.

• Takeaways From DOL's Final ESG Rule For ERISA Fiduciaries

  

  The U.S. Department of Labor's newly finalized environmental, social and governance rule greenlights ESG investing in certain circumstances, but Employee Retirement Income Security Act fiduciaries should heed four important considerations when reviewing ESG factors in light of ERISA's duties of loyalty and prudence, say attorneys at Morgan Lewis.

• SEC Enforcement Numbers Show Shift To High-Impact Cases

  

  The U.S. Securities and Exchange Commission’s recently released enforcement data from fiscal year 2022 shows a modest uptick in cases from the prior year, and signaled an increasing focus on high-impact actions, high-profile defendants and large penalties — a trend that seems likely to continue next year, say attorneys at Covington.

• COVID-19 Effects Linger In M&A Details

  

  President Joe Biden may have declared the COVID-19 pandemic over, but it continues to have a lasting effect in mergers and acquisitions, where buyers and sellers are adding new deal terms to contend with business risks resulting from COVID-19 — and more specifically, the Coronavirus Aid, Relief and Economic Security Act, says Marlen Whitley at Townsend & Lockett.

• How, And Why, To Become An Impact Investment Lawyer

  

  The fast-evolving world of impact investing can offer fulfilling careers to corporate finance attorneys, but success requires an innovative mindset, intense focus on this interdisciplinary field and a genuine commitment to changing the world, says Chintan Panchal at RPCK Rastegar.

• 5 Swiftie-Spurred Antitrust Claims Ticketmaster Could Expect

  

  After Ticketmaster was unable to handle unprecedented demand for Taylor Swift tickets earlier this month, the ticketing service provider and its parent company could face new antitrust claims under five potential theories that may consequently break up their merger, say attorneys at Perkins Coie.