Expert Analysis

• State NIL Laws Aim To Shield Colleges That Defy NCAA

  

  The recent passage of name, image and likeness laws in several states, permitting universities to insert themselves into student-athletes' NIL deals despite prohibitions from the National Collegiate Athletic Association, reveals a pattern of greater protections for universities against potential NCAA enforcement action, say Christina Stylianou and Gregg Clifton at Lewis Brisbois.

• SEC Actions Show Tough Crypto Stance So Far This Year

  

  Through the first half of 2023, the U.S. Securities and Exchange Commission has reiterated innovative arguments and heftier penalties within the cryptocurrency enforcement landscape, emphasizing its position that crypto assets are securities and thus under its jurisdiction, say attorneys at Willkie.

• Perspectives

  How Attorneys Can Help Combat Anti-Asian Hate

  

  Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

• Opinion

  Congress Needs To Enact A Federal Anti-SLAPP Statute

  

  Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

• 5 Insider-Threat Reminders After Recent DOJ Prosecutions

  

  Three recent U.S. Department of Justice actions may well lead to much greater scrutiny of companies in which insiders engage in a variety of corporate misconduct, including conducting or enabling cybercrimes, which will likely fall not just on government contractors, but across industries and geographies, say attorneys at Paul Weiss.

• JetBlue-American Ruling Offers Fresh Angle On Antitrust Risk

  

  The District of Massachusetts' recent decision that the JetBlue-American Airlines pact combining some Northeastern operations violates the Sherman Act stands as a reminder that collaborations between competitors can warrant close scrutiny — even if they create real, tangible benefits for consumers, say Benjamin Dryden and Elizabeth Haas at Foley & Lardner.

• Unpacking Recent Changes At The NY Federal Reserve

  

  After recent changes at the Federal Reserve Bank of New York, certain money market mutual funds that previously relied on the Overnight Reverse Repo Facility will be expected to place cash with a commercial bank or invest directly in assets, which in turn supports the functioning of the real economy, say attorneys at Mayer Brown.

• An Employer's Overview Of AI Legislation In 5 Jurisdictions

  

  Many employers are likely aware of the July 5 enforcement date for New York City's artificial intelligence law, but there are also proposals in Massachusetts, New York, New Jersey, Vermont and Washington, D.C., and a comparison illustrates the emerging legislative trends for AI employment decision tools, say attorneys at Gibson Dunn.

• How The US And UK Differ On Crypto Regulation

  

  While the U.K. and U.S. share strong economic ties, their approaches to crypto regulation differ wildly, with the U.K. setting bespoke rules through legislation and the U.S. taking a fragmented, and arguably hostile, approach to regulating crypto-assets, most often happening through enforcement, say attorneys at BCLP.

• How New York State Budget Will Affect Business Taxpayers

  

  The comprehensive state budget legislation recently finalized by New York Gov. Kathy Hochul and the state Legislature did not include some especially concerning tax proposals, but it will subject some state taxpayers to increased tax liability and lengthier appeals, say attorneys at McDermott.

• Some Client Speculations On AI And The Law Firm Biz Model

  

  Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

• Shkreli Cos. Bankruptcy Illustrates Novel Subchapter V Trend

  

  Vyera Pharmaceuticals and related companies founded by convicted "Pharma Bro" Martin Shkreli recently filed for bankruptcy under Subchapter V in Delaware, becoming the latest case to show the appeal of the subchapter for debtors with large contingent or unliquidated liabilities seeking a more efficient form of bankruptcy, says Sam Ashuraey at Paul Hastings.

• Why Ericsson DPA Breach Is Precedent-Setting

  

  Swedish telecommunications company Ericsson recently faced several penalties for breaching a deferred prosecution agreement, revealing a sobering new precedent for when the U.S. Department of Justice will find an entity in noncompliance, so companies should be prepared to revisit pre-resolution disclosures, say James Koukios and Sarah Maneval at MoFo.

• NY AG's Digital Asset Proposal Shouldn't Be Taken Lightly

  

  Given New York state's prominence both in the digital asset industry and as a proving ground for state regulatory innovation, all digital asset industry participants should take seriously New York Attorney General Letitia James' legislative proposal to tighten crypto regulation, say attorneys at WilmerHale.

• ​​​​​​​BIPA Ruling Furthers Mixed Signals On Insurance Coverage

  

  A recent Illinois appellate ruling in Remprex provides another perspective on the issue of insurance coverage for Biometric Information Privacy Act lawsuits, but its reach will be limited, as it did not cover the three exceptions that have been the focus of related federal court decisions, says Charles Insler at HeplerBroom.