Expert Analysis

• What's Missing From Latest Gov't Claims Against Harvard

  

  The most interesting thing about the Trump administration’s recent civil rights enforcement efforts targeting Harvard University is its decision not to assert violations of the False Claims Act when given the opportunity, despite signals that its enforcement efforts will include use of the federal FCA, say attorneys at Bass Berry.

• How Cos. Can Prepare For 'Made In America' Ad Scrutiny

  

  The Trump administration's executive order to combat fraudulent "Made in America" claims in consumer-facing advertising, along with actions by the Federal Trade Commission, suggest a potential increased focus on consumer protection and pricing-related matters, say attorneys at Skadden.

• Parsing Rule 12(c) Motion Overuse In Securities Class Actions

  

  Defendants in securities class actions have more frequently been filing motions for judgment on the pleadings following the denial of motions to dismiss, but courts have recently demonstrated an increasing willingness to reject these previously rare motions, finding them transparent attempts to relitigate already-decided issues, say attorneys at Labaton Keller.

• Series

  Ultramarathons Make Me A Better Lawyer

  

  Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

• Proactive Risk Allocation Reduces Infrastructure Disputes

  

  Recent wrangling between federal and state officials over the Gateway Program illustrates how quickly funding and project governance disputes can disrupt significant public infrastructure initiatives — and highlights that the way risks are contractually allocated can determine whether disagreements are resolved efficiently or lead to costly delays, says Thibaut Giret at Alstef Group.

• Series

  Pa. Banking Brief: All The Notable Legal Updates In Q1

  

  The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

• 6th Circ. Can Extend Insurance Valuation Clarity Beyond Auto

  

  In rehearing Clippinger v. State Farm, the Sixth Circuit can align itself with the recent drumbeat of other circuits rejecting class certification of auto total loss claims and set standards that apply to similar claims brought under homeowners and other types of insurance policies, say attorneys at Jackson Walker.

• 9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes

  

  The Ninth Circuit's recent decision in Kalbers v. U.S. Department of Justice confirms that Rule 6(e) provides robust protections when documents are in the government's possession only through a grand jury subpoena, emphasizing for companies the importance of careful labeling from the outset of an investigation, say attorneys at Cooley.

• Getting The Most Out Of Learning And Development Programs

  Excerpt from Practical Guidance

  

  Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

• Opinion

  AI Presents A Make-Or-Break Moment For Outside Counsel

  

  The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

• 8 Tariff Refund Questions For Restructuring Professionals

  

  For restructuring and turnaround professionals, seeking refunds following the U.S. Supreme Court's recent decision invalidating tariffs imposed under the International Emergency Economic Powers Act raises several questions about how to capture legitimate recoveries while protecting an enterprise from the consequences of its own history, says Jonny Frank and Laura Greenman at StoneTurn, and Andrew Popescu at Province.

• Series

  Watching Hallmark Movies Makes Me A Better Lawyer

  

  I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

• Opinion

  AVOID Act Creates 3rd-Party Litigation Risks For Transpo Cos.

  

  New York's Avoiding Vexatious Overuse of Impleading to Delay Act, which takes effect next month, will require new risk management strategies from transportation companies as it attempts to drastically change the scope of third-party litigation while failing to address practical realities of civil disputes, says Steven Saal at Lucosky Brookman.

• Assessing Potential Legal Claims From Private Credit Turmoil

  

  Amid the downturn in the private credit markets spurred by multiple high-profile bankruptcies, a New York lawsuit stemming from the collapse of First Brands provides an important case study for investors to help minimize future losses and maximize any potential recovery in the event of a private credit default, say attorneys at Bleichmar Fonti.

• When Trade Secret Litigation And Criminal Law Collide

  

  An increasing convergence of trade secret litigation and white collar defense, especially with several recent criminal prosecutions from the Justice Department, should prompt businesses and counsel to adapt within the overlapping landscapes, says Kenneth Notter at MoloLamken.