Expert Analysis


NEPA Reforms Can Fix Permitting Without Weakening Review

Recent National Environmental Policy Act reforms, in tandem with a Senate bill proposing faster permitting reviews and greater agency coordination, mark a long overdue move toward more efficient energy and infrastructure permitting that does not sacrifice environmental assessment, say attorneys at GableGotwals.


Quantifying Damages In Product Launch Delay Allegations

In delayed generic-drug entry cases that have generated substantial settlements in recent years, damages are often measured by profits lost during the delay window, but this model can fail to account for potentially significant economic harm that occurs after that window, say analysts at Kroll.


2 Microsoft Matters Could Help Shape AI Antitrust Outlook

A pending federal court case and investigation focusing on Microsoft's allegedly anticompetitive conduct in the deployment of artificial intelligence tools are testing whether antitrust law can distinguish ordinary competition to supply the AI ecosystem from conduct that distorts how that competition unfolds, says Kylie Kim at Massey & Gail.


JPMorgan Ruling Shows Courts' Limited Role In Fee Fights

The Delaware Chancery Court's recent decision that JPMorgan Chase must cover more than $21 million in disputed legal fees for two former executives of the startup Frank illustrates the reality that companies, not the courts, are responsible for ongoing supervision of legal spending, says Theodore Edelman at GCE Advisors.


Preparing For Next Congress With Eye On Investigation Risk

Rod Rosenstein, Brian Whisler and Bruce Linskens at Baker McKenzie offer advice for organizations seeking to build a proactive response plan to potential congressional oversight as the election looms.


OCC Letter Affirms Nat'l Banks' Shield From State Licensing

The Office of the Comptroller of the Currency recently published a letter supporting Fidelity Digital Assets' stance that state money transmitter licensing requirements do not apply to national banks, confirming the agency's long-standing interpretive position on this issue, say attorneys at Katten.


RETRACTED: Updated Fraud Sentencing Guidelines Add New Defense Tools

Editor's note: This guest article has been removed to address author updates.


3rd Circ. ERISA Ruling Stresses Process Over Perfect Returns

The Third Circuit's recent decision in Quest Diagnostics affirms that a sound fiduciary process — not perfect investment returns — defeats Employee Retirement Income Security Act claims, signaling that courts will keep scrutinizing how fiduciaries decide, and sponsors who can show their work should remain protected, say attorneys at Nixon Peabody.


Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.


Asylum Ruling Signals Larger Separation Of Powers Battle

The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.


Solar's Momentum At Mid-2026 Will Help It Overcome Snags

The rapid expansion of U.S. solar development in the first half of 2026 is likely to continue its pace, even amid ongoing shifts in federal trade policy and supply chain regulations, obstacles to permitting reform, and an increasing divide between states enacting policies to encourage or stymie project development, say attorneys at Beveridge & Diamond.


The Debanking Minefield: Navigating Fair Access In 2026

Federal regulators' recent elimination of reputational risk from bank supervision, alongside a growing patchwork of state fair access laws, is reshaping how banks make account and service decisions and ushering in a new compliance era requiring individualized, objective and risk-based access determinations, say attorneys at Spencer Fane.


How Justices Stayed Off The Geofence In Location Data Case

The U.S. Supreme Court's recent Chatrie v. United States decision reaffirms Fourth Amendment protections for location data but avoids more complicated questions about geofence warrants, say attorneys at Adams Duerk.


Carbon Health Settlement Highlights Why Evidence Is Key

The California Attorney General's Office's first-of-its-kind settlement with Carbon Health, imposing penalties for alleged corporate practice of medicine violations, shows that friendly professional corporation challenges usually hinge not on the parties' management services agreement, but on whether the operational record matches it, says Ben Dubin at VC Expert Services.


Decoding Arbitral Disputes: Post-Award Noncompliance

Grainful Holdings v. Mineev, a recent Commercial Court decision that resulted in a sentence for contempt following post-award enforcement proceedings, illustrates the point at which proceedings, having moved beyond recognition of an arbitral obligation, engage the court's own coercive jurisdiction, says Josep Galvez at 4-5 Gray's Inn.


Tips For Investors, Creditors Before Venezuela Restructuring

As Venezuela enters the first genuinely actionable phase of what may become one of the largest sovereign debt restructurings in modern financial history, creditors should strategically evaluate their claim types and investors should consider engaging before formal negotiations commence, says Rodrigo Carvalho at Winston Taylor.


What PE Practitioners Need To Know About New Del. ABC Act

Delaware's new Assignment for the Benefit of Creditors statute represents a structural shift in how companies backed by private equity can be wound down and provides a more streamlined tool for managing sponsor liability without the public visibility of a bankruptcy proceeding, says Evelyn Meltzer at Troutman Pepper.


How To Brace For A Potential Democratic Oversight Push

With the possibility of a shift in congressional control after the November midterm elections, companies and their general counsel should prepare now by mapping oversight exposure, reviewing government interactions, preserving records and developing coordinated communications strategies, say attorneys at Hogan Lovells.


Remote Work Rulings Show ADA Fights Hinge On Process

Two opposite outcomes in recent Fifth Circuit and D.C. federal court cases underscore that the legality of denying employees' disability accommodation requests for remote work depends less on broad policy and more on how it's applied, says Paul Sweeney at Ice Miller.


Protecting Quantum Innovation As The Sector Commercializes

As quantum technologies continue to attract growing commercial investment and government interest, intellectual property protection is becoming an increasingly important consideration, says Michael Schallop at Van Pelt Yi.



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From quilting to clowning to raising miniature livestock, attorneys share how their unusual extracurricular activities enhance professional development.




Judges On AI

Do artificial intelligence tools have any practical judicial applications? In this Expert Analysis series, state and federal judges explore potential use cases for AI in adjudication and beyond.




Opinion


Justices' Parole Ruling Degrades Green Card Holders' Rights

The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

Denying Emergency Abortion Care Is A Liability Oversight

Health systems in states with abortion bans should consider that refusing to provide emergency abortion care carries greater legal risk than the risk of prosecution under post-Dobbs laws for providing treatment, say Kimberly Chernoby at FemInEM and Rachel Rebouché at the University of Texas, Austin School of Law.



Access to Justice Perspectives


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.