Expert Analysis

• Nippon, US Steel Face Long Odds On Merger Challenge

  

  Following the Committee on Foreign Investment in the United States' review of Japan's Nippon Steel's proposed acquisition of U.S. Steel, the companies face a formidable uphill battle in challenging the president's exercise of authority to block the deal on national security grounds, say attorneys at Kirkland.

• Opinion

  No, Litigation Funders Are Not 'Fleeing' The District Of Del.

  

  A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

• Patent Policy Changes To Track Under New Gov't Leadership

  

  The new federal government will likely bring pivotal shifts in U.S. patent policy through legislation and initiatives that reflect a renewed focus on strengthening intellectual property rights, fostering innovation and enhancing the nation's competitive edge, says PK Chakrabarti at Butzel Long.

• 5 E-Discovery Predictions For 2025 And Beyond

  

  In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

• A Deep Dive Into DOJ's Proposed FARA Shake-Up

  

  The U.S. Department of Justice's recently published and long-awaited proposed amendments to the Foreign Agents Registration Act's implementing regulations, if adopted, would mark dramatic changes to the commercial exemption and new requirements for labeling informational materials, says Tessa Capeloto at Wiley.

• Preparing For Mexican Drug Cartels' Terrorist Designation

  

  In the event President-elect Donald Trump designates Mexican drug cartels as foreign terrorist organizations, businesses will need to consider how their particular industry is affected and evaluate previously legitimate practices given the cartels' involvement so many sectors of the economy, say attorneys at King & Spalding.

• Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas

  

  Expected coordination between a Republican Congress and presidential administration may expose companies to simultaneous criminal, civil and congressional investigations, particularly with regard to supply chain risks in certain industries, government contracting and cross-border investment, say attorneys at Morgan Lewis.

• Anticipating The Maritime Sector's Future Under Trump 2.0

  

  With the Republicans taking control of a governance trifecta, the maritime sector should brace for both familiar leadership and new change that could significantly shift shipping and defense priorities, say attorneys at Holland & Knight.

• 2024 Was A Banner Year For Shareholder Activism

  

  Shareholder activism campaigns in 2024 continued at an elevated pace globally, with activist investors exploiting valuation gaps and pushing aggressively for corporate governance reforms, including the ouster of many companies' chief executives, a trend that could continue once President-elect Donald Trump takes office, say attorneys at Sidley.

• 7 Ways 2nd Trump Administration May Affect Partner Hiring

  

  President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

• How Trump 2.0 May Change Business In Latin America

  

  Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.

• Trump, Tariffs And Tech: The Right To Repair In 2025

  

  The "right-to-repair" movement has helped make it easier for independent repair shops and consumers to repair their devices and vehicles — but President-elect Donald Trump's complicated relationship with Big Tech, and his advocacy for increased tariffs, make the immediate future of the movement uncertain, say attorneys at Carter Ledyard.

• E-Discovery Quarterly: Rulings On Custodian Selection

  

  Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

• Opinion

  Section 230 Debates Will Continue, With Or Without TikTok

  

  Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.

• What To Expect In Higher Ed Enforcement Under Trump

  

  Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.