Expert Analysis

• CFTC Trading Rule Can't Police Prediction Markets Yet

  

  The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

• High Seas Vessel Forfeitures Face Constitutional Headwinds

  

  The owner of an oil tanker the government seized over ties to Iran recently asked a D.C. federal court to dismiss the forfeiture action for lack of jurisdiction, raising constitutional questions about U.S. forfeiture law and the seizure of ships without a foreign government's cooperation, say attorneys at Reed Smith.

• 2 'Rocket Dockets' And The Rules That Propel Them

  

  The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

• Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

  

  In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

• Texas Ruling Leaves Key Oil Royalty Question Unresolved

  

  The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

• Key Legal Considerations For Data Center Battery Storage

  

  Battery energy storage systems have become essential infrastructure for data center development — but as trade, energy and tax policies continue to shift, companies operating in this space must understand the importance of supply chain requirements and industry-tailored contracts, says RJ Colwell at Davis Graham.

• Justices Widen Path For Confiscated Cuban Property Claims

  

  For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

• Your Next Litigation Hold Should Cover AI Chat Logs

  

  The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

• FERC Order May Alter PJM's Framework, Spur $1B In Refunds

  

  A recent order from the Federal Energy Regulatory Commission stands to reform how grid operator PJM Interconnection assigns transmission upgrade costs, with potentially sweeping implications for transmission owners, merchant transmission facilities and load-serving entities, including an estimated $1 billion in refunds and surcharges, say attorneys at Husch Blackwell.

• Series

  Studying Foreign Languages Makes Me A Better Lawyer

  

  Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

• Sold Inventory May Drive Tax Treatment Of Tariff Refunds

  

  Companies determining the tax treatment of refunds expected following the U.S. Supreme Court's February decision invalidating tariffs imposed under the International Emergency Economic Powers Act should consider whether the tariff costs have already reduced their income considering the cost of goods sold, say attorneys at McDermott.

• Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

  

  The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

• Data Center Boom Brings New Patent Risk For Owners

  

  As U.S. data center investment surges, owners and operators face rising patent infringement suits targeting entire facility designs rather than individual products — risks that standard vendor indemnities often fail to cover, say attorneys at V&E.

• Venezuela's Oil Reopening Leaves Risk Allocation Uncertain

  

  As Venezuela reopens its oil sector, its new hydrocarbons framework requires contracts to preserve their economic equilibrium and authorizes the executive to modify terms, resulting in a dangerous lack of clarity about who bears which risks when conditions deteriorate, says José Alberro at FTI Consulting.

• Looking Beyond Calif. Climate Laws As NY Bills Advance

  

  California's climate disclosure legislation has made emissions and risk reporting a practical reality — and now that New York is working on its own climate disclosure bills, companies must confront a future in which compliance systems will need to be ready for multiple states' reporting regimes, says Thierry Montoya at FBT Gibbons.