Expert Analysis

• Carbon Health Settlement Highlights Why Evidence Is Key

  

  The California Attorney General's Office's first-of-its-kind settlement with Carbon Health, imposing penalties for alleged corporate practice of medicine violations, shows that friendly professional corporation challenges usually hinge not on the parties' management services agreement, but on whether the operational record matches it, says Ben Dubin at VC Expert Services.

• What PE Practitioners Need To Know About New Del. ABC Act

  

  Delaware's new Assignment for the Benefit of Creditors statute represents a structural shift in how companies backed by private equity can be wound down and provides a more streamlined tool for managing sponsor liability without the public visibility of a bankruptcy proceeding, says Evelyn Meltzer at Troutman Pepper.

• How To Brace For A Potential Democratic Oversight Push

  

  With the possibility of a shift in congressional control after the November midterm elections, companies and their general counsel should prepare now by mapping oversight exposure, reviewing government interactions, preserving records and developing coordinated communications strategies, say attorneys at Hogan Lovells.

• Opinion

  Labor Contract Bill Would Introduce Sweeping Risks For Cos.

  

  The House-approved Faster Labor Contracts Act would force rapid first-contract bargaining, subject businesses to binding arbitration over key workplace terms, and create major uncertainty for nonunion companies, making it crucial for employers to assess their exposure and mitigate the risks now, say attorneys at FBT Gibbons.

• Fed Autonomy Rests On Narrow Exception After Justices Rule

  

  The U.S. Supreme Court’s recent decisions in Trump v. Cook and Trump v. Slaughter expand presidential removal power while temporarily preserving the Federal Reserve’s independence, but there is uncertainty about which of the Fed’s authorities fall within the court’s narrow monetary-policy exception, says Keith Bradley at Squire Patton.

• Assessing New Risks After The End Of The SEC's Gag Rule

  

  The U.S. Securities and Exchange Commission's recent rescission of its long-standing no‑deny gag rule marks a transition from a regime of enforced silence to one of strategic communication, meaning the question is no longer simply whether to settle, but how to manage the narrative that follows, say attorneys at Nelson Mullins.

• New Pipeline Repair Rules Shift Burden To Engineer Judgment

  

  A proposal from the Pipeline and Hazardous Materials Safety Administration to allow operators more flexibility to make analysis-informed repair choices, rather than hew to long-standing prescriptive criteria, could make documenting the engineer’s decision-making process as important to compliance as the ultimate repair performed, says Ahuva Battams at Beatty & Wozniak.

• Series

  Being A Magician Makes Me A Better Lawyer

  

  The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

• What Ga. Stablecoin Licensing Law Means For Payments Cos.

  

  Georgia recently enacted one of the first state-level licensing frameworks for stablecoin issuance aligned with the Genius Act, which may appeal to eligible companies by making licensure accessible to nondepository entities and potentially offering easier access to regulatory guidance, say attorneys at Eversheds Sutherland.

• Illinois Audit Law Will Make AI Clauses Actually Enforceable

  

  A law recently enacted in Illinois creates a first-in-the-nation requirement for artificial intelligence developers to undergo annual audits, providing objective standards that can be incorporated into private contracts and addressing the problem of defining responsible AI use, says William Tanenbaum at Moses & Singer.

• Opinion

  Shareholder Derivative Litigation Needs A Better Framework

  

  Uncoordinated, multiforum shareholder derivative litigation is a growing issue for corporate defendants that have little to no recourse for organizing and consolidating actions, but several commonsense steps should be utilized to preempt such disputes, say attorneys at Sullivan & Cromwell.

• How Justices' TPS Ruling Affects Workforce Planning

  

  The U.S. Supreme Court’s recent holding in Mullin v. Doe that courts lack jurisdiction to review temporary protected status determinations greenlights the end of TPS for thousands of Syrian and Haitian nationals, and means employers must reevaluate TPS-designees' employability while avoiding discriminatory document practices, says attorney Richard Herman.

• How State, Local Rules Are Expanding Debt Collection Reach

  

  Consumer protection rules recently enacted by several states signal that the rules of debt collection are being rewritten at a pace that should command the attention of every creditor, servicer, debt buyer, collection agency and collection law firm operating across state lines, says Weldianne Scales at Reed Smith.

• How Nixing Trade-Through Rule Would Alter Equity Markets

  

  The U.S. Securities and Exchange Commission's recent proposal to rescind the trade-through rule and the locked-and-crossed-markets prohibition represents one of the most significant potential changes to U.S. equity market structure in two decades, affecting exchanges, broker-dealers, and institutional and retail investors alike, say attorneys at WilmerHale.

• Reviving Prize Law Would Reshape Maritime Seizure Risks

  

  Recent U.S. maritime interdictions of sanctioned tankers and shadow fleet vessels raise urgent questions about whether civil forfeiture or prize law — a framework that has not been meaningfully tested since the Spanish-American War — governs and the potential impacts on vessel owners, charterers and insurers, say attorneys at Holland & Knight.