Expert Analysis

• CFPB Fair Lending Litigation Reveals Compliance Complexity

  

  A recent legal challenge to the Consumer Financial Protection Bureau's fair lending amendments underscores continuing uncertainty over disparate impact liability, discouragement standards and special purpose credit programs, signaling that financial services providers should avoid hasty compliance changes, say attorneys at Weiner Brodsky.

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  Being A Singer Makes Me A Better Lawyer

  

  Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

• Justices' Review Of Atty Fees Could Reshape Pipeline Takings

  

  With the U.S. Supreme Court's decision to review Hoffmann v. WBI Energy Transmission, property owners' right to recover attorney fees for appropriations under the Natural Gas Act is at stake, potentially leading to a choice between a depressed land valuation or court costs that could exceed any rewards, says attorney Sophia Holley.

• Navigating OFAC's 50% Rule For Cross-Border Exec Mobility

  

  A recent Office of Foreign Assets Control guide signals that its 50% ownership rule can determine not only sanctions compliance but also whether a company can sponsor multinational executives for immigration, highlighting an often overlooked interaction between sanctions and immigration law, says Xuan Zhang at Reid & Wise.

• USDA Rule Would Broaden Foreign Co. Reporting Burden

  

  The U.S. Department of Agriculture's recently proposed overhaul of foreign landholder reporting obligations would expand covered agricultural uses, mandate more detailed online disclosures and toughen penalties, so organizations must proactively reassess U.S. land interests and prepare for a more stringent compliance regime, say attorneys at Skadden.

• Preparing For Next Congress With Eye On Investigation Risk

  

  Rod Rosenstein, Brian Whisler and Bruce Linskens at Baker McKenzie offer advice for organizations seeking to build a proactive response plan to potential congressional oversight as the election looms.

• AI-Fueled Pro Se Suits Pose Rising Risk For Lenders

  

  Harris v. Pinnacle Bank, a recently decided Mississippi federal court case, illustrates how pro se borrowers are using artificial intelligence to file more sophisticated documents that can complicate and prolong loan enforcement proceedings, making early procedural challenges and tighter litigation strategies increasingly important for lenders, says Joseph Briggett at Baker Donelson.

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  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.

• How Litigants Are Testing Conversion Therapy Ruling's Scope

  

  Litigants are already using the U.S. Supreme Court’s recent Chiles v. Salazar ruling, which applied strict scrutiny to Colorado’s conversion therapy ban, to challenge laws limiting algorithmic rental pricing, artificial intelligence-based discrimination and anti-union employer speech, and courts must soon decide Chiles’ First Amendment limits, say attorneys at O'Melveny.

• Occupier Contract Strategies For Locking In Expansion Rights

  

  In a market defined by record-setting demand, shrinking availability and rising rents, large commercial office occupiers must treat expansion space planning as a strategic priority, including by auditing existing rights, understanding the competitive landscape within their buildings and exploring creative lease provisions, says Josh Winefsky at HSF Kramer.

• Del. Dispatch: The New 'Director Independence' Definition

  

  The Delaware Court of Chancery's recent decision in Ayers v. Foley, its first interpretation and application of "director independence" as outlined in Section 144 of the Delaware General Corporation Law, suggests that the court will not limit the new section's reach, say attorneys at Fried Frank.

• Future Of Fed Independence Shaky After Justices' Ruling

  

  The U.S. Supreme Court's recent ruling in Trump v. Cook preserved the Federal Reserve's formal independence but could invite the president to remove board members with just modest protections, leaving the central bank's autonomy uncertain and potentially setting up fresh clashes over other agencies, says Steven Schwinn at the University of Chicago.

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  Mich. Banking Brief: All The Notable Legal Updates In Q2

  

  The second quarter brought several notable financial services law developments to Michigan, including a U.S. Supreme Court ruling on state tax foreclosures, progress on a money transmission modernization bill package, and continued legislative momentum on cryptocurrency and mortgage lending, say attorneys at Dykema.

• A New Regulatory Environment For PE In Calif. Healthcare

  

  The California Office of Health Care Affordability's proposed revisions to its cost and market impact review regulations, amid broader state scrutiny of private equity-backed healthcare arrangements, represent a qualitative shift in California's regulatory posture toward institutional healthcare investment, say attorneys at Ropes & Gray.

• CFIUS' Mandate Misses Foreign Risk In Project Subcontracts

  

  Recent calls for the Committee on Foreign Investment in the United States to review equity transactions like the Paramount Skydance-Warner Bros. deal miss a consequential oversight gap — CFIUS' inability to review the subcontracting layer of U.S. infrastructure projects, says Thibaut Giret at Alstef Group.