Expert Analysis


2026 Int'l Arbitration Trends: Arbitral Seats In Flux

As political and legal landscapes continue to shift across key global jurisdictions, with Mexico and England instituting key judicial and arbitral reforms, respectively, international arbitration parties are becoming increasingly strategic in their selection of arbitral seats, say attorneys at Cleary.


What Texas Can Learn From La. About CO2 Well Primacy

The U.S. Environmental Protection Agency's granting Texas primary authority over wells used to inject carbon dioxide into deep rock formations is a significant step forward for carbon capture and storage projects in the state — but Louisiana's experience after it was granted primacy offers a cautionary tale, say attorneys at Phelps Dunbar.


How Payments Law Landscape Will Evolve In 2026

After a year of change across the payments landscape, financial services providers should expect more innovation and the pushing of regulatory boundaries, but should stay mindful that state regulators and litigation will continue to challenge the status quo, say attorneys at Troutman.


Opportunities Amid The Challenges Of Trump's BIS Shakeup

The Trump administration’s continuing overhaul of the Bureau of Industry and Security has created enormous practical challenges for export compliance, but it potentially also offers a once-in-a-generation opening to advocate for simplifying and rationalizing U.S. export controls, say attorneys at Gibson Dunn.


What To Know About DOL's New FLSA, FMLA Opinion Letters

The U.S. Department of Labor kicked off 2026 by releasing several opinion letters addressing employee classification, incentive bonuses and intermittent leave, reminding employers that common practices can create significant risk if they are handled inconsistently or without careful documentation, say attorneys at Woods Rogers.


How SEC Civil Penalties Became Arbitrary: The Data

Data regarding how the U.S. Securities and Exchange Commission has adhered to its own civil penalty rules over the past 20 years reveals that awards are no longer determined in accordance with the guidelines imposed on the SEC by the securities laws, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.


Series

Hosting Exchange Students Makes Me A Better Lawyer

Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills, but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.


Postconviction Law In 2026: A Recalibration, Not A Revolution

As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.


FDA's 2025 Enforcement Scorecard Highlights Data Focus

The U.S. Food and Drug Administration's increased enforcement activity in 2025 was driven by artificial intelligence and a focus on foreign manufacturers, necessitating proactive compliance strategies for an environment that is increasingly reliant on data, say attorneys at Reed Smith.


Utilizing AI In Agriculture Requires A Strong IP Strategy

As agricultural technology companies race to deploy artificial intelligence solutions at scale, it's important to prioritize the importance of intellectual property strategy early on to avoid losing value in a fast-moving landscape, say attorneys at Sterne Kessler.


OCC's New Fee Clearance Shows Further Ease Around Crypto

The Office of the Comptroller of the Currency's recent holding that banks can use crypto-assets to pay certain blockchain network fees shows that the OCC is further warming to the idea that organizations are using new methods to do "the very old business of banking," say attorneys at Jones Day.


How Mediation Can Lead To Better Environmental Settlements

The Tenth Circuit's recent directive to the parties litigating Denver Water's expansion of the Gross Reservoir and Dam to mediate their dispute is a reminder that mediation in environmental matters can save time and money, and achieve a settlement that helps both sides reach their goals, says Heidi Friedman at Thompson Hine.


How SEC Civil Penalties Became Arbitrary: The Framework

An examination of how the U.S. Securities and Exchange Commission has recently applied guidelines governing the imposition of monetary penalties in enforcement actions shows that civil penalty awards in many cases are inconsistent with the rules established to structure them, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.


5 Action Steps For Employers Facing 27 Pay Periods In 2026

In 2026, some employers may have 27 pay periods, instead of the usual 26, which can cause budgeting and compliance headaches, particularly for salaried employees, but there is still time to develop a strategy to avoid payroll compliance problems, say attorneys at Fisher Phillips.


4th Circ. Class Ruling Complicates Data Breaches For Biz

The Fourth Circuit’s recent exclusion of data-breach victims from a putative class because their stolen information had not been made public further complicates how businesses should manage risk and incident response amid a growing circuit split over related questions of standing, says Brandon Hollinder at Epiq.


2026 Int'l Arbitration Trends: M&A And Securities Disputes

Recent developments — such as the high-profile arbitration between ExxonMobil and Chevron, and the U.S. Securities and Exchange Commission's shift on its long-standing opposition to mandatory arbitration clauses in registration statements — highlight key issues to consider when drafting relevant agreements and arbitrating M&A disputes, say attorneys at Cleary.


Lessons From Higher Ed's Unexpected Antitrust Claim Trend

As higher education institutions face new litigation risk on antitrust grounds, practitioners should familiarize themselves with the types of recent claims that have alleged competitive harm in the higher education space, and expect some combination of other, traditional antitrust tenets to surface as well, says Kendrick Peterson at Baker McKenzie.


How A 1947 Tugboat Ruling May Shape Work Product In AI Era

Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.


7 Predictions For Cyber Risk And Insurance In 2026

In 2026, cyber risk and insurance will be shaped by developments such as the rapid adoption of artificial intelligence, ongoing privacy litigation and evolving regulatory requirements, as organizations that integrate AI into their operations contend with new vulnerabilities and a legal landscape that demands greater vigilance and adaptability, say attorneys at Wiley.


NJ Ruling Sheds Light On When 'Stub Rent' Must Be Paid

A New Jersey bankruptcy court's recent decision in New Rite Aid affirms that landlords can have "stub rent" treated as an administrative expense and highlights critical considerations for debtors, including the importance of deciding when and where to file for bankruptcy, say attorneys at Cleary.



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Special Series


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




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Attorneys who have moved from government work to private practice in the last few years reflect on how they transitioned to law firm life and offered tips for others.




Opinion


It's Too Soon To Remove Suicide Warnings From GLP-1 Drugs

The U.S. Food and Drug Administration's decision this month to order removal of warnings about the risk of suicidal thoughts from GLP-1 weight-loss drugs is premature — and from a safety and legal standpoint, the downside of acting too soon could be profound, says Sean Domnick at Rafferty Domnick.

ISO's 'Litigation Funding Mutual Disclosure' Is Unenforceable

The Insurance Services Office has recently rolled out a "litigation funding mutual disclosure" form for optional use in policies, but the form is not only unnecessary but also unenforceable for four reasons, says Fiona Chaney at Omni Bridgeway.



Access to Justice Perspectives


3 Reforms To Help Pro Se Litigants Tackle Family Court Forms

Self-represented family court litigants must navigate the often-bewildering process of finding, completing and filing the correct form, so courts and policymakers should consider several ways to make the process more accessible, says Caroline Rogus at Drexel University.