Expert Analysis

• Operational AI Washing: Dismantling Claims Before Discovery

  

  Operational AI washing claims can be rebuffed before discovery extracts their true costs by turning the documentary record established in earnings calls and public disclosures into a layered defense, which can exploit the Private Securities Litigation Reform Act’s heightened pleading standards, say attorneys at Akerman.

• Opinion

  SEC Must Clarify Crypto Guidance For Investment Advisers

  

  Until the U.S. Securities and Exchange Commission clarifies a conundrum created by recently issued guidance that classifies crypto tokens as digital commodities rather than securities, every registered investment adviser managing a digital commodity portfolio will be simultaneously compliant and exposed, says Nicole Trudeau at Wave Digital Assets.

• Opinion

  Attys Should Aid Clients' AI Use While Safeguarding Privilege

  

  Until legislatures enact laws expressly extending privilege to artificial intelligence queries, lawyers should try to shield their clients' case-related use of AI tools by offering them dedicated access on firms' enterprise accounts and utilizing a long-standing privilege precedent, says Joseph Rillotta at Meadows Collier.

• What End Of SEC Settlement Gag Rule Means For Defendants

  

  The U.S. Securities and Exchange Commission's recent rescinding of its gag rule prohibiting defendants from publicly denying allegations in settled SEC enforcement actions actually heightens the need to think strategically when negotiating resolutions and pursuing public denials of wrongdoing, say attorneys at Cleary.

• Opinion

  Regulators Should Use Existing Tools To Jump-Start Crypto

  

  The U.S. Securities and Exchange Commission and U.S. Commodity Futures Trade Commission should use existing authority to quickly enable crypto trading, custody, clearing and settlement to reduce uncertainty and lay the groundwork for permanent crypto rules, says Lee Schneider at Ava Labs.

• Recent Actions Signal Increased NYDFS Health Cyber Focus

  

  The New York Department of Financial Services' recent $2.25 million settlement with Delta Dental indicates that it views cybersecurity enforcement in the healthcare and insurance sectors as an ongoing priority, and serves as a road map for the compliance gaps regulators are most likely to target, say attorneys at Crowell & Moring.

• Your Next Litigation Hold Should Cover AI Chat Logs

  

  The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

• 'Operation Hard Money' Marks New Phase In Synthetic ID Fraud

  

  A recent California mortgage fraud case dubbed "Operation Hard Money" shows synthetic identities are increasingly key to mortgage and money laundering schemes, so lenders would be wise to integrate verification and behavioral monitoring as fraud powered by artificial intelligence creates larger losses and recovery challenges, says Neal Levin at Rimon.

• Visa's Agentic Payment Rules Expose Compliance Tensions

  

  Visa's recently released framework clarifying how payments driven by artificial intelligence can occur without consumer-merchant interaction exposes compliance risks under disclosure and fee transparency laws that may require merchants and payment providers to rethink consumer protection as agentic commerce expands, say attorneys at Stinson.

• How SEC, CFTC Proposal Would Ease Private Fund Reporting

  

  While the U.S. Securities and Exchange Commission and Commodity Futures Trading Commission’s recent proposal to streamline and lighten certain confidential reporting requirements could bring welcome changes for many private fund advisers, sponsors should consider important nuances of its potential impact, say attorneys at Simpson Thacher.

• Series

  Studying Foreign Languages Makes Me A Better Lawyer

  

  Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

• NCUA Proposal Could Streamline Credit-Union-Bank Mergers

  

  While the National Credit Union Administration's recently proposed merger overhaul may reduce procedural barriers to combinations involving banks and credit unions and signals a willingness to revisit long-settled regulations, parties should still ensure careful planning and regulator engagement throughout complex transactions, say attorneys at Fox Rothschild.

• 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.

• Operational AI Washing: Fortifying The Disclosure Record

  

  The same artificial intelligence-driven workforce narratives that once appeared in earnings calls and Form 8-Ks can easily become raw material for future operational AI washing claims, so companies must be careful when drafting public disclosures because winning a federal motion to dismiss starts months before a lawsuit is ever filed, say attorneys at Akerman.

• Treasury Proposal Maps Compliance Road For Stablecoins

  

  Stablecoin issuers should prepare for bank-style anti-money laundering and sanctions obligations under, and consider submitting comments on, the Treasury Department's proposed Genius Act rules, which are reshaping compliance expectations for digital asset businesses and affiliated financial institutions alike, say attorneys at Arnold & Porter.