Expert Analysis

• Opinion

  Section 1983 Has Promise After End Of Nationwide Injunctions

  

  After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.

• Why Bank Regulators' Proposed Leverage Tweak Matters

  

  Banking agencies' recent proposal to modify the enhanced supplementary leverage ratio framework applicable to the largest U.S. banks shows the regulators are keen to address concerns that the regulatory capital framework is too restrictive, say attorneys at Moore & Van Allen.

• Now Is The Time To Prep For SEC's New Data Breach Regs

  

  Recent remarks from the U.S. Securities and Exchange Commission’s acting director of the Division of Examinations suggest that the commission will support exams for compliance with its new data breach detection and reporting regulations, and a looming deadline means investment advisers and broker-dealers must act now to update their processes, say attorneys at McGuireWoods.

• Impending Quality Control Standards Pose Risks For Auditors

  

  Public accounting firms will need to comply with new standards aimed at strengthening their quality control systems by the end of this year, a significant challenge sure to increase costs, individual liability and regulatory scrutiny, say Kelly Bossard at FTI Consulting and Mike Plotnick at King & Spalding.

• Series

  Playing Soccer Makes Me A Better Lawyer

  

  Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

• Opinion

  The SEC Should Embrace Tokenized Equity, Not Strangle It

  

  The U.S. Securities and Exchange Commission should grant no-action relief to firms ready to pilot tokenized equity trading, not delay innovation by heeding protectionist industry arguments, says J.W. Verret at George Mason University.

• And Now A Word From The Panel: Back In Action

  

  A lack of new petitions at the May hearing session of the Judicial Panel on Multidistrict Litigation caught many observers' attention — but a rapid uptick in petitions scheduled to be heard at this week's session illustrates how panel activity always ebbs and flows, says Alan Rothman at Sidley.

• Compliance Changes On Deck For Banks Under Texas AI Law

  

  Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.

• Series

  Law School's Missed Lessons: Learning From Failure

  

  While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

• Tips For Crypto AI Agent Developers Under SEC Watch

  

  With agents powered by artificial intelligence increasingly making decisions in the cryptocurrency world, there's a chance the U.S. Securities and Exchange Commission could use the Investment Advisers Act to regulate this technology in financial services, but there are ways developers can mitigate regulatory risks, say attorneys at Morrison Cohen.

• Lessons On Parallel Settlements From Vanguard Class Action

  

  A Pennsylvania federal judge’s unexpected denial of a proposed $40 million settlement of an investor class action against Vanguard highlights key factors parties should consider when settlement involves both regulators and civil plaintiffs, say attorneys at Ropes & Gray.

• Series

  Adapting To Private Practice: From ATF Director To BigLaw

  

  As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

• What To Know As SEC Looks To Expand Private Fund Access

  

  As the U.S. Securities and Exchange Commission considers expanding retail access to private markets, understanding how these funds operate — and the role of financial intermediaries in guiding investors — is increasingly important, say attorneys at K&L Gates.

• New DOJ Penalty Policy Could Spell Trouble For Cos.

  

  In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.

• 4th Circ. Favors Plain Meaning In Bump-Up D&O Ruling

  

  The Fourth Circuit's latest denial of indemnity coverage in Towers Watson v. National Union Fire Insurance and its previous ruling in this case lay out a pragmatic approach to bump-up provisions that avoids hypertechnical constructions to limit the effect of a policy's plain meaning, say attorneys at Kennedys.