Expert Analysis

• 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.

• Cuba Sanctions Shift Puts Foreign Cos. In OFAC's Crosshairs

  

  A recent executive order marks an extreme shift for foreign companies whose Cuban dealings have no relation to the U.S. and are entirely lawful under the laws of their home jurisdictions, such that their existing ring-fence protocols no longer offer protection from the Office of Foreign Assets Control’s secondary sanctions, says Jeremy Paner at Hughes Hubbard.

• Class Actions At The Circuit Courts: May Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

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  NY Times Word Puzzles Make Me A Better Lawyer

  

  Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

• Data Center Developer Lessons From Maine's Vetoed Ban

  

  The regulatory and political dynamics that recently led Maine’s governor to veto a popular bipartisan bill proposing a temporary data center development ban offer a useful template that developers can use to help their projects survive other states' attempts at moratoriums, say attorneys at Thompson Hine.

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  Law School's Missed Lesson: Diagnose Before Arguing

  

  Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

• Becoming The Biz-Savvy GC That Portfolio Companies Need

  

  Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

• AI Regulatory Gaps May Fuel FCA Enforcement Action

  

  The intersection of artificial intelligence and False Claims Act enforcement presents legal risk for government contractors across several industries, particularly in the absence of a federal regulatory framework explicitly governing its development and use, say attorneys at O’Melveny.

• What New PFAS Rule Means For Tracking And Disclosure

  

  In the wake of the U.S. Environmental Protection Agency's publication of its rule adding PFHxS-Na to the Toxics Release Inventory, companies should identify this substance in their facilities and supply chains, and prepare for disclosures to both regulators and the public, says Ayodeji Ayolola at Gordon Rees.

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  Judges On AI: How Courts Can Survive The Tech Revolution

  

  Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

• What Jury Holdouts Can Teach Trial Lawyers About Strategy

  

  Though a hung jury can be a disappointment, a psychological understanding of jury holdouts can help trial lawyers shape their damages arguments and understand leadership and group composition as a function of jury selection, says Clint Townson at Townson Litigation.

• '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.