Expert Analysis

• 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.

• 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.

• 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​​​​​​​.

• Live Nation Shows States, Experts Key To Antitrust Verdicts

  

  A New York federal jury's recent finding that Live Nation unlawfully monopolized primary ticketing services and amphitheaters demonstrates that states will not defer to federal agencies when they believe anticompetitive conduct warrants stronger action and highlights the vital role of economic expert testimony in antitrust cases, say attorneys at Paul Weiss.

• How 10 Years Of Case Law Have Shaped The DTSA

  

  As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

• 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.

• FCC Rule Changes Could Accelerate The Space Economy

  

  A series of recently proposed Federal Communications Commission rulemakings that would expand opportunities for commercial space and satellite operations signal a regulatory shift toward greater flexibility, faster processing and more deliberate spectrum planning for space-adjacent and emergent space activities, say attorneys at Morgan Lewis.

• Arguments Show Justices Vacillating On Geofence Warrants

  

  Questions and statements by the justices during recent oral arguments in Chatrie v. U.S., probing the Fourth Amendment limits of geofence warrants, revealed a Supreme Court that is skeptical of the government’s most sweeping claims, uncomfortable with the petitioner’s broadest theories and searching for a narrow off-ramp, say attorneys at Rogers Joseph.

• FinCEN Rule Could Reshape AML Priorities Across Finance

  

  Financial institutions should prepare for a proposed Financial Crimes Enforcement Network rule that would heighten scrutiny of anti-money laundering requirements and encourage responsible use of technology, potentially reorienting compliance, governance decisions and enforcement exposure for organizations across the financial sector, not just banks, say attorneys at Pillsbury.

• Safeguarding RWI Coverage As Materiality Focus Persists

  

  As first-quarter broker claims reports reveal that materiality disputes remain a key driver of representations and warranties insurance claims, the scarce case law in this area indicates that including a materiality scrape provision in an RWI policy may aid policyholders with recovery, say attorneys at Reed Smith.

• Series

  Speed Jigsaw Puzzling Makes Me A Better Lawyer

  

  My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

• High Court's Cox Ruling Leaves ISP Copyright Rules Intact

  

  Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

• FTC Focus: Ad Deal Signals Viewpoint Suppression Is A Risk

  

  The Federal Trade Commission's recent settlement of an antitrust case accusing major ad agency holding companies of colluding on brand safety standards underscores the risk of industry coordination on politically or socially sensitive issues and signals heightened viewpoint suppression scrutiny for companies and antitrust practitioners, say attorneys at Proskauer.

• How To Reconcile AI Opacity And Advisers' Fiduciary Duties

  

  Firms that treat fiduciary compliance as a foundation for responsible artificial intelligence adoption will be best positioned when the U.S. Securities and Exchange Commission moves from implicit expectations to explicit rules regarding advisers' core duties, as those are unlikely to change, says Ivor Wolk at Manatt.