Expert Analysis

• 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.

• 3 Developments That May Usher In A Nuclear Energy Revival

  

  A recent advancement in nuclear energy technology, targeted provisions in the Inflation Reduction Act and a new G7 agreement on nuclear fuel supply chains may give nuclear power a seat at the table as a viable, zero-carbon energy source, say attorneys at Vinson & Elkins.

• What Tax-Exempt Orgs. Need From Energy Credit Guidance

  

  Guidance clarifying the Inflation Reduction Act’s credit regime, expected from the U.S. Department of the Treasury this summer, should help tax-exempt organizations determine the benefits of clean energy projects and integrate alternative energy investments into their activities, say attorneys at Morgan Lewis.

• As Sackett Trims Feds' Wetlands Role, States May Step Up

  

  The U.S. Supreme Court's recent decision in Sackett v. U.S. Environmental Protection Agency extinguishes federal authority over many currently regulated wetlands — meaning that federal permits will no longer be required to discharge pollutants in affected areas, but also that state regulators may take a more active role, say attorneys at Kelley Drye.

• 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.

• EPA's New Rule On Power Plant GHGs Won't End Litigation

  

  The U.S. Environmental Protection Agency's recent proposal for limiting greenhouse gas emissions from the nation's power plants would use new approaches to reduce carbon pollution in the coming years — but it is unlikely it will end the legal wrangling over climate change mitigation measures, say attorneys at Beveridge & Diamond.

• 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.

• Environmental Diligence Is Crucial When Buying Biofuel Cos.

  

  As momentum for mergers and acquisitions transactions within the biofuels industry continues to grow, potential buyers must not neglect proper diligence and thoughtful negotiation regarding environmental attributes generated in connection with the target's products and production process, says Victoria Sitz at Husch Blackwell.

• What An ICJ Climate Opinion Could Mean For Gov'ts, Cos.

  

  The United Nations General Assembly's recent request to the International Court of Justice for an advisory opinion on states' climate obligations could result in either a conservative finding that merely restates existing international law commitments, or a comprehensive regime with major implications for governments and businesses, say attorneys at Curtis Mallet-Prevost.

• A Lawyer's Guide To Approaching Digital Assets In Discovery

  

  The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.

• Opinion

  High Court's Ethics Statement Places Justices Above The Law

  

  The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.

• G7 Russia Restrictions May Further Complicate Compliance

  

  New sanctions and export controls announced at the G7 summit targeting parties that help Russia circumvent existing restrictions signal continued multilateral commitment to intensifying economic pressure on Russia, and underscore the increasing compliance challenges for companies that pursue Russia-related opportunities, say attorneys at Ropes & Gray.

• Assessing The Reach Of 9th Circuit's Natural Gas Ruling

  

  The Ninth Circuit's recent decision in California Restaurant Association v. Berkeley, affirming that the Energy Policy and Conservation Act preempts certain state and local natural gas bans, may chill other efforts to limit usage of natural gas and raises important questions for utility companies, natural gas consumers and policymakers to consider, say attorneys at Greenberg Traurig.

• Opinion

  Time For Law Schools To Rethink Unsung Role Of Adjuncts

  

  As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.

• Opinion

  Mexican Law Amendment Could Stifle Mining Activity

  

  A recent amendment to Mexico's mining law endorses a series of drastic changes, including reduction of the duration of mining concessions and establishment of a public bidding process, which could result in costly burdens for both domestic and foreign investors, say attorneys at King & Spalding.