Expert Analysis

• Your Next Litigation Hold Should Cover AI Chat Logs

  

  The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

• New Connecticut Law On Employers' AI Use Is Inventive

  

  A recently passed Connecticut law regulating the use of artificial intelligence in employment decisions innovates by using third-party risk assessments to vet and certify AI models, and by recognizing a division of responsibility between developers and deployers, potentially influencing pending legislation in other states, say attorneys at Littler.

• Musk-OpenAI Verdict Shows Value Of Early-Stage Governance

  

  A California federal court's ruling last week in Musk v. Altman preserves the status quo at OpenAI, but signals to the technology industry at large that courts will not relitigate the governance decisions of early-stage organizations on a founder's competitive timetable, surfacing questions that will outlast the litigation, says attorney Alan N. Walter.

• Visa's Agentic Payment Rules Expose Compliance Tensions

  

  Visa's recently released framework clarifying how payments driven by artificial intelligence can occur without consumer-merchant interaction exposes compliance risks under disclosure and fee transparency laws that may require merchants and payment providers to rethink consumer protection as agentic commerce expands, say attorneys at Stinson.

• Opinion

  International Patent Licensing System Must Be Maintained

  

  As foreign approaches to patent enforcement threaten to distort the licensing markets that underpin modern technology, courts and policymakers must take action to ensure that the standard essential patent framework is preserved, says Brian O'Shaughnessy at Dinsmore.

• Series

  Studying Foreign Languages Makes Me A Better Lawyer

  

  Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

• Sold Inventory May Drive Tax Treatment Of Tariff Refunds

  

  Companies determining the tax treatment of refunds expected following the U.S. Supreme Court's February decision invalidating tariffs imposed under the International Emergency Economic Powers Act should consider whether the tariff costs have already reduced their income considering the cost of goods sold, say attorneys at McDermott.

• Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

  

  The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

• Operational AI Washing: Fortifying The Disclosure Record

  

  The same artificial intelligence-driven workforce narratives that once appeared in earnings calls and Form 8-Ks can easily become raw material for future operational AI washing claims, so companies must be careful when drafting public disclosures because winning a federal motion to dismiss starts months before a lawsuit is ever filed, say attorneys at Akerman.

• Data Center Boom Brings New Patent Risk For Owners

  

  As U.S. data center investment surges, owners and operators face rising patent infringement suits targeting entire facility designs rather than individual products — risks that standard vendor indemnities often fail to cover, say attorneys at V&E.

• AI Due Diligence Is Key For Healthcare M&A

  

  As usage of artificial intelligence in healthcare continues to rise, the due diligence landscape for healthcare mergers and acquisitions demands attention to risks that frameworks from even just a few years ago were not designed to catch, say attorneys at Husch Blackwell.

• Treasury Proposal Maps Compliance Road For Stablecoins

  

  Stablecoin issuers should prepare for bank-style anti-money laundering and sanctions obligations under, and consider submitting comments on, the Treasury Department's proposed Genius Act rules, which are reshaping compliance expectations for digital asset businesses and affiliated financial institutions alike, say attorneys at Arnold & Porter.

• Adapting To AI-Driven Scrutiny Of Foreign Asset Disclosures

  

  As the government expands AI-driven, cross-agency fraud detection, foreign asset disclosure should be viewed as part of a broader, data‑driven enforcement ecosystem that prioritizes consistency, documentation and proactive governance, says Logan Koehring at FBT Gibbons.

• 5 Rules In 10 Weeks: Inside Genius Act's Implementation Blitz

  

  Regulators have proposed five Genius Act rules in a striking span of 10 weeks, building a stablecoin framework that, with the Office of the Comptroller of the Currency at its operational center, will shape oversight and force issuers, banks and fintechs to take action as deadlines approach, say attorneys at Cahill.

• Series

  NY Times Word Puzzles Make Me A Better Lawyer

  

  Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.