Expert Analysis


8 Compliance Team Strategies To Support Business Agility

Amid new regulatory requirements across the globe, compliance functions must design thoughtful guardrails that help business leaders achieve their commercial objectives lawfully — from repurposing existing tools to using technology thoughtfully — instead of defaulting to cumbersome protocols that hinder legitimate business, says Theodore Edelman at GCE Advisors.


Series

Law School's Missed Lessons: How To Make A Deal

Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.


Annual Report Shows CFIUS Extending Its Reach In 2024

The recently released 2024 annual report from the Committee on Foreign Investment in the United States reveals record civil penalties and enhanced internal capabilities, illustrating expanding jurisdiction and an increasing appetite for enforcement actions, says Nathan Fisher at StoneTurn.


A New IP Game Plan For College Football Players

For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.


11th Circ. Ruling Shows Federal Question Jurisdiction Limits

The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.


4th Circ. Clarifies Employer Duties For ADA Accommodations

The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.


Trump Tax Law's Most Impactful Corp. And Individual Changes

The One Big Beautiful Bill Act built on and reshaped elements of the Tax Cuts and Jobs Act, including business interest deductions, bonus depreciation and personal income relief, delivering substantial changes to both corporate and individual tax policy, say attorneys at Weil.


Excerpt from Practical Guidance

From Clerkship To Law Firm: 5 Transition Tips For Associates

Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.


9 Jury Selection Lessons From The Combs Trial

U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.


Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions

The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.


Navigating The New Playbook For SBA 504 Loans

As the U.S. Small Business Administration 504 loan program’s relevance grows amid climbing foreclosure activity, regulatory changes and a notable ruling from the Eighth Circuit are reshaping origination and workout strategies, highlighting the need for a national framework to improve resolutions, protect recoveries and support small businesses, says Casey Sieck at Day Pitney.


Budget Act Should Boost Focus On Trade Compliance

Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.


9th Circ.'s Trade Secrets Ruling Is A Win For DTSA Plaintiffs

The Ninth Circuit's recent decision in Quintara v. Ruifeng shifts the balance in federal trade secret litigation toward a more flexible, discovery-driven process, meaning that plaintiffs may be more likely to pursue claims under the Defend Trade Secrets Act, and early motions to strike or dismiss will face steep odds, say attorneys at Cooley.


NY Bill Would Complicate Labor Law Amid NLRB Uncertainty

The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.


Trump Tax Law's Most Consequential International Changes

The international tax provisions in the One Big Beautiful Bill Act may result in higher effective tax rates for some multinational corporations, but others, particularly those operating in low-tax jurisdictions, may benefit from alignment with global anti-profit shifting efforts, say attorneys at Weil.


Associates Can Earn Credibility By Investing In Relationships

As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.


How 6th Circ. Ruling Deepens Split On Broker Liability

A growing divide in Federal Aviation Administration Authorization Act jurisprudence is ripe for U.S. Supreme Court review, after the Sixth Circuit last month found in Cox v. Total Quality Logistics that brokers can be held liable for negligent hiring, says Gregory Reed at Hanson Bridgett.


How The Genius Act May Aid In Fight Against 'Pig Butchering'

​​​​​​​The recently enacted Genius Act represents a watershed moment in the fight against crypto fraud, providing new tools to freeze and recover funds that are lost to scams such as "pig butchering" schemes executed from scam factories abroad, but there are implementation challenges to watch, say attorneys at Treanor Devlin.


Puzzling Out When Similar Insurance Claims Are Related

A recent decision in Virginia federal court shows that more than identical allegations of negligent business practices across two lawsuits may be necessary to satisfy the strict definition of relatedness under claims-made liability insurance policies, say attorneys at Hunton.


New Colo. Teen Privacy Rules Signal National Regulatory Shift

Recently released proposed rule amendments to the Colorado Privacy Act that would create some of the most robust protections for minors' online data in the U.S. reflect an ongoing trend of states taking steps to extend privacy protection for their residents, complicating the compliance burden for companies, say attorneys at Morgan Lewis.



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Special Series


My Hobby Makes Me A Better Lawyer

In this Expert Analysis series, attorneys share how their unusual extracurricular activities enhance professional development, providing insights and pointers that translate to the office, courtroom and beyond.




Adapting To Private Practice

In this Expert Analysis series, attorneys who have made the move from government work to private practice in the last few years reflect on how they transitioned to law firm life, and discuss tips for others.




Opinion


Fla. Misses Opportunity To Rectify Wrongful Death Damages

Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.

Congressional Bid Protest Concerns Lack Evidence

The U.S. Government Accountability Office's most recent congressionally mandated report on the bid protest process showed little reason for concern, and underlined that further scrutiny should cease until data is collected that would enable the identification of purported problems, say attorneys at Fox Rothschild.



Access to Justice Perspectives


Deepfake Evidence Battles May Exacerbate Justice Inequities

As AI-generated evidence and deepfake claims become more common in litigation, the steep expense of challenging or verifying such evidence threatens to worsen unequal justice system outcomes — and a new cost-allocation framework is needed to preserve fairness, says Rebecca Delfino at Loyola Law School.