Expert Analysis

• A Cautionary Tale Of Flawed Debt Accounting And SEC Fines

  

  The U.S. Securities and Exchange Commission's recent improper-accounting charges against Malvern Bancorp and its ex-CFO highlight crucial practice issues, including the need to objectively evaluate borrowers' credit, say attorneys at Arnold & Porter.

• Series

  ESG Around The World: Australia

  

  Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.

• Bat's Newly Endangered Status Likely To Slow Development

  

  A recent change in the classification of the northern long-eared bat from "threatened" to "endangered" could have significant effects on development in large portions of the Eastern and Southeastern U.S. — and in the absence of straightforward guidelines, developers will have to assess each project individually, says Peter McGrath at Moore & Van Allen.

• 9 Consumer Finance Issues To Note From CFPB Report

  

  A recent report from the Consumer Financial Protection Bureau highlights abusive consumer finance tactics that the agency uncovered during supervisory examinations over the last year — among the most significant issues identified: deceptive practices in automotive loan servicing, and consumer reporting and debt collection compliance failures, say attorneys at Troutman Pepper.

• Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

  

  X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

• Litigation Can Facilitate EB-5 Investor Visa Determinations

  

  Processing times in the EB-5 investor visa program continue to rise, but filing a mandamus claim in the right venue against U.S. Citizenship and Immigration Services may offer applicants mired in delay a means to expedite processing, says Mark Stevens at Clark Hill.

• Transaction Risks In Residential Mortgage M&A Due Diligence

  

  As the residential mortgage market continues to consolidate due to interest rate increases and low housing volume, buyers and sellers should pay attention to a number of compliance considerations ranging from fair lending laws to employee classification, say attorneys at Mayer Brown.

• ABA's Money-Laundering Resolution Is A Balancing Act

  

  While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

• FCRA Legislation To Watch For The Remainder Of 2023

  

  If enacted, pending federal and state legislation may result in significant changes for the Fair Credit Reporting Act landscape and thus require regulated entities and practitioners to pivot their compliance strategies, say attorneys at Troutman Pepper.

• Regulators Must Get Creative To Keep Groundwater Flowing

  

  Even as populations have boomed in Sun Belt states like Arizona, California and Texas, groundwater levels have diminished due to drought and overuse — so regulators must explore options including pumping limits, groundwater replenishment and wastewater reuse to ensure future supplies for residential and commercial needs, says Jeffrey Davis at Integral Consulting.

• Law Firm Professional Development Steps To Thrive In AI Era

  

  As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

• Industry Takeaways From OMB's Final Buy America Guidance

  

  The Office of Management and Budget's recently released guidance on "Buy America" requirements for federal infrastructure projects provides clarity in certain areas but fails to address troublesome inconsistencies with state laws and international trade agreements, so manufacturers and suppliers will need to tread carefully as agencies implement the changes, say Amy Hoang and Sarah Barney at Seyfarth Shaw.

• What Upholding Of Short-Term Rental Law Means For NYC

  

  A New York state judge's dismissal of Airbnb's challenge against the Short-Term Rental Registration Law will benefit the city's hospitality industry and exert downward pressure on apartment rents, and potentially provide a model for other local governments around the U.S. to curb short-term apartment rentals, says Alexander Lycoyannis at Holland & Knight.

• Texas Produced Water Ruling Helps Clarify Oil, Gas Leases

  

  A Texas state appeals court's recent opinion in Cactus Water Services v. COG Operating, holding that the mineral lessee under an oil and gas lease owns the water extracted during oil and gas production, is a first step toward clarity on an issue that has divided the midstream industry, say attorneys at Mayer Brown.

• Key Provisions In Florida's New Insurer Accountability Act

  

  Florida's recent bipartisan Insurer Accountability Act introduces a range of new obligations for insurance companies and regulatory bodies to strengthen consumer protection, and other states may follow suit should it prove successful at ensuring a reliable insurance market, say Jan Larson and Benjamin Malings at Jenner & Block.