Expert Analysis

• Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

  

  Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.

• 5 Prediction Market Queries For Every League, Athletic Dept.

  

  The NFL's recent amicus brief urging the U.S. Supreme Court to resolve a circuit split over regulating prediction markets and operators like Kalshi raises important, enterprisewide governance questions for leagues, teams and athletic departments, and highlights that regulatory oversight and institutional integrity are related but distinct, say attorneys at Robins Kaplan.

• SEC's Insider Trading Duty Rule May Face Loper Bright Test

  

  In U.S. v. Jennings, pending in New Jersey federal court, the defense has an opportunity to challenge the rule defining the boundaries of the misappropriation theory of insider trading under Loper Bright, as the only litigated case testing the rule's limits relied on Chevron deference, say attorneys at O'Melveny.

• Clippers Salary Cap Probe Offers Investigation Tips For Cos.

  

  The NBA's recent investigation into whether the Los Angeles Clippers circumvented salary cap rules offers an unusually detailed look at how a significant organizational probe was conducted and how its findings were presented, offering practical lessons for companies conducting their own investigations, say attorneys at Wiley.

• Athletes Must Consider PR Risks Surrounding IP Enforcement

  

  NFL player Jayden Daniels' demand for Louisiana State University to cease using his name, image and likeness, and the flurry of social media memes that ensued from this incident, highlight the challenges of navigating the balance between intellectual property legal strategy and public relations, say attorneys at McAndrews Held.

• What Lawyers Should Know Before Accepting Crypto Payment

  

  As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

• Where The 3 Prediction Market Appellate Rulings Diverge

  

  Although the recent Third, Sixth and Ninth Circuit opinions concerning prediction markets overlap on some issues, they differ on key statutory questions, deepening a circuit split over both the classification of sports event contracts and the scope of federal preemption, says Levi Giovanetto at Sheppard.

• Zillow-Redfin Settlement Spotlights Nontraditional-Deal Risk

  

  The Federal Trade Commission's recent settlement with Zillow and Redfin serves as a reminder that authorities are increasingly interested in challenging nontraditional transaction structures that effectively eliminate a market participant, which includes some exclusivity arrangements, say attorneys at Freshfields.

• Series

  Mentalism Makes Me A Better Lawyer

  

  Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

• Why And How To Build A Neurodiversity-Informed Practice

  

  By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

• LIV Golf Ch. 11 Tests Limits Of Reorganizing Around Talent

  

  In LIV Golf's recent Chapter 11 filing, players are the core enterprise value of the business and the intended majority common owners of the reorganized league, making the case a restructuring reference point for any enterprise whose core value rests on individuals rather than assets, say attorneys at Jones Walker.

• Prediction Market Case Tests Novel Insider Trading Theory

  

  The government's argument in its case against a soldier accused of using classified information to bet on Venezuelan President Nicolás Maduro's capture would represent a sea change in how insider trading wire fraud has been prosecuted for decades, says Alex Blanchard at Holland & Knight.

• Religious Accommodation Lessons From Recent EEOC Focus

  

  With several recent U.S. Equal Employment Opportunity Commission enforcement actions focusing on religious accommodations, employers should identify the actual burden an accommodation imposes, distinguish operational hardship from co-workers' objections, and pay attention to how the accommodation is implemented, says Crystal Banse at Spencer West.

• Testing AI's Promise For Large-Scale Document Review

  

  Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

• What's Next For Prediction Markets If States Win At High Court

  

  While the Supreme Court hasn't taken up a prediction market case yet, a high court win for the states in their quest to regulate the exchanges would likely mean a wave of state legislature bills and regulatory guidance arriving on different timelines, rather than a single uniform transition, says Howard Herndon at Bradley Arant.