Expert Analysis

• Key Tronic Case Shows SEC Isn't Ignoring Controls Violations

  

  The U.S. Securities and Exchange Commission's first nonfraud enforcement action against a public company during Chairman Paul Atkins' tenure reflects the commission’s willingness to bring enforcement actions that charge books and records and internal controls violations, despite deviating from policing technical violations, say attorneys at Cooley.

• How Treasury's Stablecoin Test Will Shape State Oversight

  

  The Treasury Department's recently proposed principles for judging whether state stablecoin regimes are "substantially similar" to the federal framework signal that issuers should expect stricter benchmarking against the bank agencies' standards, limited state flexibility and heightened pressure to reassess compliance as rules take shape, say attorneys at Baker McKenzie.

• Operational AI Washing: A New Securities Class Action

  

  In rising claims of operational AI washing — plaintiffs alleging that artificial intelligence was invoked to explain corporate business decisions in ways that may obscure underlying financial distress — earnings calls, restructuring disclosures and board-level communications will serve as key defense evidence, say attorneys at Akerman.

• Where The Preemption Fight Over Prediction Markets Stands

  

  While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

• 4 Emerging Approaches To AI Protective Order Language

  

  Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

• Binance Win Shows Constraints On Anti-Terrorism Act Claims

  

  The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

• Understanding The Insider Trading Gap In Prediction Markets

  

  While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

• Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

  

  While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

• The Growing Importance Of Nature-Related Disclosures

  

  The International Sustainability Standards Board's recent vote to develop nonmandatory nature‑related disclosure guidance reduces immediate compliance pressure, but it does not eliminate the practical relevance of such risks for companies that already prepare sustainability reports or operate across jurisdictions with differing expectations, say attorneys at ArentFox Schiff.

• Expect US Enforcers' Cartel Crackdown To Continue

  

  Since agencies’ coordinated enforcement efforts targeting cartel-related activity have not slowed, U.S. companies in Latin America should assess new business lines for designated-cartel ties, scrutinize highest-risk third parties, and enhance training and internal investigation practices, say attorneys at Miller & Chevalier.

• How To Limit Accounting Fraud Risk As SEC Focus Persists

  

  Despite the U.S. Securities and Exchange Commission's pullback on crypto, cybersecurity and recordkeeping cases, accounting fraud remains a core enforcement priority, making it important for public companies and auditors to strengthen controls, investigations and whistleblower processes, say attorneys at Pillsbury.

• The Ethics And Practicalities Of Representing AI Agents

  

  With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

• OCC Proposal Frames Key Genius Act Implementation Issues

  

  The Office of the Comptroller of the Currency's recently proposed rule under the Genius Act previews federal expectations on permissible activities for stablecoin issuers, offering an early guide to potential compliance burdens and state-federal equivalency debates as the stablecoin regulatory regime continues to take shape, say attorneys at Alston & Bird.

• Surveying The CFTC Campaign To Control Prediction Markets

  

  The U.S. Commodity Futures Trading Commission is simultaneously asserting exclusive jurisdiction over prediction markets and signaling aggressive enforcement within them, a combination that will reshape the regulatory landscape for event contract platforms — pending the outcome of several court cases throughout the country and a likely circuit split, say attorneys at Paul Weiss.

• Opinion

  The SEC Should Institute A New Enforcement Scorecard

  

  Amid controversy over the recent release of the U.S. Securities and Exchange Commission's annual enforcement statistics, the SEC should use a new scorecard that measures how well the Division of Enforcement detects and stops intentional fraud in order to refocus on its core mission of investor protection, says Peter Chan at Baker McKenzie.