Expert Analysis

• 'Mobile' Sources For On-Site Generation May Be A Risky Bet

  

  The U.S. Environmental Protection Agency is considering treating large on-site generators used at data centers as mobile rather than stationary sources under the Clean Air Act, a significant policy change that would leave developers that adopt this solution at risk of regulatory reversals, say attorneys at Ballard Spahr.

• 3 AI Adoption Mistakes GCs Should Avoid

  

  The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

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  Playing Basketball Makes Me A Better Lawyer

  

  My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

• New Cuba Sanctions Raise Risks For Foreign Banks, Cos.

  

  President Donald Trump's bold move leveling secondary sanctions against Cuba expands enforcement risk for foreign banks and companies with no U.S. nexus, signaling that non-U.S. businesses should reassess related transactions, counterparties and exposure as regulators test this broader authority, say attorneys at Troutman.

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  The Biz Court Digest: Georgia Court Has Business On Its Mind

  

  Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

• Data Center Insurance Boom May Obscure Claims' Difficulty

  

  The rush of carrier capital into the data center space should not obscure a distinct and evolving set of policyholder risks that existing insurance products were not designed to address, along with the further complexity of layered claims for the extremely valuable properties, says Carlton Wilde at Bracewell.

• Md. Justices' State Climate Tort Ban May Shape National Path

  

  The Maryland Supreme Court’s recent ruling that federal law preempted state-level deceptive marketing tort claims brought by several municipalities could offer the U.S. Supreme Court a road map to use in the pending Suncor Energy v. Boulder County case to exclude states from the business of regulating global emissions, say attorneys at ArentFox Schiff.

• 4 Emerging Approaches To AI Protective Order Language

  

  Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

• Assessing Material Adverse Event Clauses Amid Iran Conflict

  

  As deals signed before the current Middle East conflict come under pressure, determinations over material adverse effect clauses are arising in real time, and whether an MAE has been wrongfully invoked may be as consequential as whether it was validly established in the first place, say Amran Nawaz and Ralph Stobwasser at Secretariat.

• Navigating Insurance And Contract Risks Amid Hormuz Crisis

  

  The Strait of Hormuz has become a legal choke point where contractual obligations, insurance coverage and international law intersect, underscoring for maritime lawyers the importance of proactive contract drafting, rigorous policy review and close engagement with clients, say attorneys at Holland & Knight.

• Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

  

  While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

• The Growing Importance Of Nature-Related Disclosures

  

  The International Sustainability Standards Board's recent vote to develop nonmandatory nature‑related disclosure guidance reduces immediate compliance pressure, but it does not eliminate the practical relevance of such risks for companies that already prepare sustainability reports or operate across jurisdictions with differing expectations, say attorneys at ArentFox Schiff.

• Rightsizing Regulation To Usher In Next-Generation Nuclear

  

  Next-generation nuclear seems to be having its moment as a recent flurry of Nuclear Regulatory Commission rulemaking aims to fast-track the licensing and deployment of such technologies, says Hilary Jacobs at Beveridge & Diamond.

• Expect US Enforcers' Cartel Crackdown To Continue

  

  Since agencies’ coordinated enforcement efforts targeting cartel-related activity have not slowed, U.S. companies in Latin America should assess new business lines for designated-cartel ties, scrutinize highest-risk third parties, and enhance training and internal investigation practices, say attorneys at Miller & Chevalier.

• The Ethics And Practicalities Of Representing AI Agents

  

  With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.