Expert Analysis

• How Cos. Can Fight Consumers' Tariff Refund Class Actions

  

  After the U.S. Supreme Court's February decision in Learning Resources Inc. v. Trump, invalidating $165 billion of presidentially imposed tariffs, consumers have filed numerous class actions seeking tariff refunds from businesses — but companies have substantial and multifaceted defenses available against these claims, say attorneys at Patterson Belknap.

• 9th Circ. Comet Ruling Spotlights Trade Secret Proof Burdens

  

  The Ninth Circuit’s recent decision to vacate a $40 million verdict awarded to Comet Technologies in its trade secret dispute with XP Power underscores how the burden of proof differs between federal and state law, giving litigants a fresh perspective on several issues, including how a jury should be instructed, say attorneys at Cooley.

• Attorneys Using AI May Have Ethical Duty To Redact Docs

  

  The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

• Compliance Lessons From Agriculture Co. Mexican Bribe DPA

  

  Agricultural company Scoular’s recently announced deferred prosecution agreement over alleged Foreign Corrupt Practices Act violations at the U.S.-Mexico border reinforces the U.S. Department of Justice’s focus on cartels, and companies must accordingly ensure they address risks associated with the use of customs brokers, says Adam Safwat at Foley Hoag.

• What Bulk-Power Gear Import EO Means For US Energy Cos.

  

  Though President Donald Trump's recent executive order restricting imports of foreign-produced bulk-power system electrical equipment imposes no immediate obligations on private parties, stakeholders can take near-term steps to mitigate supply chain and contractual risks, as much of the order's ultimate impact will depend on implementing regulations, say attorneys at Orrick.

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  Juggling And Unicycling Make Me A Better Lawyer

  

  Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

• Planning For The Impact Of FinCEN's CTA Rollback

  

  The Financial Crimes Enforcement Network's recent rollback of Corporate Transparency Act reporting obligations should reduce compliance costs, but its plans to revisit customer due diligence rules should prompt companies and financial institutions to reassess state beneficial ownership programs, say attorneys at Sidley.

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  Ballet Makes Me A Better Lawyer

  

  A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

• What Cos. Should Know About DOE Energy Dominance Loans

  

  With the U.S. Department of Energy's Office of Energy Dominance Financing set to become a vital resource for funding U.S. energy and critical minerals projects, interested companies must understand the terms of potential loans and take into account the applicable financial, technical, legal and regulatory requirements, say attorneys at Mayer Brown.

• DOE Energy Financing Overhaul Opens Paths For Developers

  

  The U.S. Department of Energy's Office of Energy Dominance Financing is now positioned to be a key source of support for energy and critical minerals development in the U.S., creating opportunities for companies seeking to advance projects that align with administration priorities, say attorneys at Mayer Brown.

• Using CFIUS' New Risk Matrix And Mitigation Guidance

  

  The Committee on Foreign Investment in the United States' national security matrix and related mitigation guidance provides a common vocabulary for allocating regulatory and mitigation risk in transaction documents, and may help focus any discussions with the agency, say attorneys at Simpson Thacher.

• What DOJ Fraud Division Rule Resolves, And What It Doesn't

  

  The U.S. Department of Justice’s recently published final rule answers many outstanding questions about the newly created National Fraud Enforcement Division, but overlapping mandates could result in parallel investigations and diverging viewpoints between multiple sets of prosecutors, say attorneys at Gibson Dunn.

• What 9th Circ. Devas Ruling Means For AI Infrastructure Deals

  

  The Ninth Circuit's recent confirmation of a $2 billion arbitration award in Devas Multimedia's arbitration against a state-owned commercial arm of India’s space agency creates a cross-border enforcement road map for disputes that are bound to arise from the current generation of artificial intelligence infrastructure deals, says Fernanda Merouco at Davis Wright.

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  Taekwondo Makes Me A Better Lawyer

  

  Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

• EU's Russian Crypto Sanctions Call For Layered Compliance

  

  The European Union's recently adopted Russia crypto sanctions package marks a significant escalation in enforcement, making it prudent to adopt a stratified compliance approach capable of identifying indirect measures via decentralized finance, cross-chain infrastructure, stablecoins and other blockchain-native services, says Kevin Strenski at Nardello.