Expert Analysis

• Opinion

  Qualified Immunity Bill's Reach Goes Beyond Federal Officers

  

  The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

• Discovery Ruling Shows How Extant Rules Mesh With AI Tools

  

  A California federal court’s recent ruling in Schulte v. LinkedIn reinforces that existing discovery rules can and should accommodate emerging artificial intelligence technologies, providing litigants with confidence that well-designed AI-enabled workflows can satisfy reasonableness and proportionality standards, say attorneys at WilmerHale.

• Series

  Judges On AI: Examining Administrative, Organizational Uses

  

  U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

• From Order To Regulation: How EOs Are Reshaping Banking

  

  The pattern of regulatory activity emerging in the wake of the Trump administration's first 18 months of executive orders makes clear that financial institutions should treat presidential directives as early warning signs and not wait for final rules to assess the accompanying compliance impact, says Jonathan Kolodziej at Bradley.

• Using Disclosure Process Defense In Securities Fraud Cases

  

  Courts' recent endorsement of the involvement-of-counsel defense in securities fraud litigation has clarified that its use depends on how evidence is used, carrying important lessons for presenting evidence of a disclosure process to undermine scienter, say attorneys at Sidley.

• How 9th Circ. 'Shadow Trading' Case May Affect Private Credit

  

  Private credit firms should not wait for a result in the Ninth Circuit appeal in U.S. Securities and Exchange Commission v. Panuwat to address material nonpublic information exposure under existing statutes and take steps to ensure their internal policies and surveillance are ready for increased regulatory scrutiny, says Steve Brown at StarCompliance.

• Series

  Being A Singer Makes Me A Better Lawyer

  

  Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

• Mass. UHC Fraud Suit Signals States' Medicaid FCA Push

  

  Massachusetts' recently filed False Claims Act suit alleging UnitedHealthcare misrepresented the health status of enrollees in a Medicaid senior care organization plan it managed pushes forward a new phase of state-level scrutiny of managed care data and Medicaid payment mechanisms, say Li Yu at Bernstein Litowitz, Ellen London at London & Naor and Gwendolyn Stamper at Vogel Slade.

• Immigration Order Raises Customer ID Stakes For Banks

  

  Following a recently issued immigration-related executive order, financial institutions should expect and prepare for increased scrutiny of customer due diligence and identification, suspicious activity monitoring, and consumer lending, as well as accompanying supervisory shifts and rising fair lending risks, says Douglas Weissinger at Butler Snow.

• Navigating OFAC's 50% Rule For Cross-Border Exec Mobility

  

  A recent Office of Foreign Assets Control guide signals that its 50% ownership rule can determine not only sanctions compliance but also whether a company can sponsor multinational executives for immigration, highlighting an often overlooked interaction between sanctions and immigration law, says Xuan Zhang at Reid & Wise.

• JPMorgan Ruling Shows Courts' Limited Role In Fee Fights

  

  The Delaware Chancery Court's recent decision that JPMorgan Chase must cover more than $21 million in disputed legal fees for two former executives of the startup Frank illustrates the reality that companies, not the courts, are responsible for ongoing supervision of legal spending, says Theodore Edelman at GCE Advisors.

• Preparing For Next Congress With Eye On Investigation Risk

  

  Rod Rosenstein, Brian Whisler and Bruce Linskens at Baker McKenzie offer advice for organizations seeking to build a proactive response plan to potential congressional oversight as the election looms.

• The Debanking Minefield: Navigating Fair Access In 2026

  

  Federal regulators' recent elimination of reputational risk from bank supervision, alongside a growing patchwork of state fair access laws, is reshaping how banks make account and service decisions and ushering in a new compliance era requiring individualized, objective and risk-based access determinations, say attorneys at Spencer Fane.

• How Justices Stayed Off The Geofence In Location Data Case

  

  The U.S. Supreme Court's recent Chatrie v. United States decision reaffirms Fourth Amendment protections for location data but avoids more complicated questions about geofence warrants, say attorneys at Adams Duerk.

• How To Brace For A Potential Democratic Oversight Push

  

  With the possibility of a shift in congressional control after the November midterm elections, companies and their general counsel should prepare now by mapping oversight exposure, reviewing government interactions, preserving records and developing coordinated communications strategies, say attorneys at Hogan Lovells.