Expert Analysis

• Opinion

  Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

  

  A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

• Decoding Arbitral Disputes: Curial Review Limits In Singapore

  

  The Singapore International Commercial Court's recent decision to dismiss an application for supervisory relief from a Singapore International Arbitration Centre final costs award illustrates the limits of converting adverse financial consequences into public policy objections, even where the commercial result is severe, says Josep Galvez at 4-5 Gray's Inn.

• The Paradoxical Duty To Adopt AI When You Can't Bill For It

  

  Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

• Economic Questions To Ask Amid Tariff Refund Class Actions

  

  The U.S. Supreme Court's recent holding that the International Emergency Economic Powers Act doesn't authorize the president to impose tariffs has sparked class actions, but determining whether a retailer received a windfall is complex, even if it passed tariff costs into consumer prices before receiving a refund, say economists at Ankura Consulting Group.

• Meta's AI Deals Test Scope Of China M&A Scrutiny

  

  The Chinese government's recent approval of Meta's purchase of an AI and robotics company, shortly after blocking a similar deal, raises questions about how far China's legal authority extends over foreign companies connected to China, and highlights the regulatory and compliance risks involved in cross-border acquisitions of AI businesses, says Minda Huang at TsingLaw Partners.

• EU Foreign Subsidies Report Offers Chance To Take Stock

  

  The European Union’s forthcoming review of the Foreign Subsidies Regulation, revealing reassuringly low intervention rates but a burdensome prenotification process, offers the European Commission a timely opportunity to address genuine distortions and be more proportionate in its demands on market participants, say lawyers at Dechert.

• Direct Fed Payment Access Finally In Sight For Fintechs

  

  A recent executive order and a Federal Reserve proposal could finally allow direct payment system access for fintechs and other nonbanks, potentially reducing reliance on sponsor banks and reshaping competition, as well as prompting organizations to reassess partnership strategies as litigation and rulemaking unfold, say attorneys at Freshfields.

• Tips For Litigating Life Sciences Investigations At The ITC

  

  The International Trade Commission may soon become a significant battleground for life sciences companies as global intellectual property and trade disputes continue, increasing the importance of learning the ITC's unique considerations and litigation strategies, say attorneys at Crowell & Moring.

• How FCA, FCPA Risks Are Shifting As Feds Pull Back

  

  As the federal government continues its retreat from white collar enforcement, companies should expect False Claims Act risk to grow through private whistleblower suits and Foreign Corrupt Practices Act scrutiny to shift toward foreign prosecutors, requiring more adaptability as accountability becomes less centralized, says Temidayo Aganga-Williams at Selendy Gay.

• USTR Forced Labor Tariff Plan Pushes Trade Recourse Limits

  

  Tariffs recently proposed by the U.S. Trade Representative’s Office, which determined that 60 countries failed to implement adequate forced labor protections, expand the use of existing trade remedies to address global supply chain labor standards, potentially inviting both practical adjustments by businesses and careful legal scrutiny, says attorney Sohan Dasgupta.

• Trump Admin's Agency Records Purge Tests Judicial Notice

  

  While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

• Series

  Cow Horse Makes Me A Better Lawyer

  

  Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

• Checking For AI Errors Is Now A Two-Way Street

  

  A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

• Tips For Protecting Privilege On Multinational IP Teams

  

  As recent court rulings illustrate how fact-specific privilege determinations have become in modern legal workflows, corporations with multinational intellectual property teams must take steps to deliberately preserve attorney-client privilege through clear roles, confidentiality controls and disciplined communication practices, say Taylor Stemler and Grace Neumann at Merchant & Gould.

• Series

  The Biz Court Digest: Shoring Up Corporate Law In Maryland

  

  Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.