Expert Analysis

• Understanding The SEC's Consequential Crypto Guidance

  

  The U.S. Securities and Exchange Commission's recent interpretive release — its most comprehensive statement ever on the application of the federal securities laws to crypto-assets — reimagines the Howey test to resolve long-standing questions over what is a security, but leaves many issues unresolved, say attorneys at Cahill.

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  NY Banking Brief: All The Notable Legal Updates In Q1

  

  In the first quarter of 2026, New York's banking developments were headlined by initiatives to expand oversight of financial institutions and strengthen consumer protection laws, including a new framework for buy now, pay later lenders, a sweeping debt collection rule and a revised corporate self-disclosure program for financial crimes, say attorneys at Proskauer.

• AI Recruiting Suit Shows Old Laws May Implicate New Tools

  

  The Fair Credit Reporting Act allegations recently filed in Kistler v. Eightfold AI, are the latest example of broad definitional language in legacy statutes proving far more dangerous to companies deploying artificial intelligence – particularly in hiring – than any purpose-built artificial intelligence regulation, say attorneys at Ogletree.

• 2 Rulings Poke Holes In Mandatory Restitution Framework

  

  The U.S. Supreme Court’s recent ruling in Ellingburg v. U.S., as well as the Third Circuit’s recent ruling in U.S. v. Abrams, provide criminal defense practitioners with new tools to challenge Mandatory Victims Restitution Act orders, and highlight several restitution-related issues that converged in the recent prosecution of former Frank CEO Charlie Javice, say attorneys at Lankler Siffert & Wohl.

• What A Court Doc Audit Reveals About Erroneous Filings

  

  My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

• Regulators' Basel Pitch May Bring Banks Capital Relief

  

  The prudential banking agencies' new proposals to implement the so-called Basel III endgame rules — which would modify the approach to risk-based capital, among other notable changes — represent a fundamental directional shift in bank capital requirements aimed at increasing lending capacity, says Chen Xu at Debevoise.

• How SEC And CFTC Are Attempting To End Their 'Turf War'

  

  Through coordinated examinations and a shared aim to end duplicative regulation, the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission's recent memorandum of understanding could represent a significant shift in the regulatory landscape for market participants subject to the jurisdiction of both agencies, say attorneys at Jenner.

• Parsing Rule 12(c) Motion Overuse In Securities Class Actions

  

  Defendants in securities class actions have more frequently been filing motions for judgment on the pleadings following the denial of motions to dismiss, but courts have recently demonstrated an increasing willingness to reject these previously rare motions, finding them transparent attempts to relitigate already-decided issues, say attorneys at Labaton Keller.

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  Mich. Banking Brief: All The Notable Legal Updates In Q1

  

  Michigan's financial services sector saw several significant developments in 2026's first quarter, including the state Department of Insurance and Financial Services' issuance of a bulletin on the use of artificial intelligence and the Michigan House's introduction of a bill based on the Model Money Transmission Modernization Act, say attorneys at Dykema.

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  Calif. Banking Brief: All The Notable Legal Updates In Q1

  

  As usual, California remained a hub for financial services activity in the first quarter of 2026, with key developments including the California Department of Financial Protection and Innovation's eye on consumer issues, a bill targeting "pig butchering" schemes, and jam-packed courts, say attorneys at Joseph Cohen.

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  Ultramarathons Make Me A Better Lawyer

  

  Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

• When AI Puffery Becomes Actionable Securities Fraud

  

  Though courts usually hold that vague but optimistic corporate statements don’t constitute securities fraud, signs suggest that investors may give enough economic weight to references to artificial intelligence in public company disclosures that broad feel-good statements could cross into actionable misrepresentation, says Christine Polek at Keystone Strategy.

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  Pa. Banking Brief: All The Notable Legal Updates In Q1

  

  The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

• Getting The Most Out Of Learning And Development Programs

  Excerpt from Practical Guidance

  

  Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

• OCC Rule Tests Nonfiduciary Powers Of Trust Banks

  

  The Office of the Comptroller of the Currency's updates to its final rule on national bank chartering, effective April 1, may augur a showdown between the OCC, states and traditional banking institutions over both the authority of national trust banks to engage in nonfiduciary activities under the National Bank Act, and the scope of federal preemption, says Audrey Carroll at Stinson.