Expert Analysis

• Opinion

  Attys Should Aid Clients' AI Use While Safeguarding Privilege

  

  Until legislatures enact laws expressly extending privilege to artificial intelligence queries, lawyers should try to shield their clients' case-related use of AI tools by offering them dedicated access on firms' enterprise accounts and utilizing a long-standing privilege precedent, says Joseph Rillotta at Meadows Collier.

• What End Of SEC Settlement Gag Rule Means For Defendants

  

  The U.S. Securities and Exchange Commission's recent rescinding of its gag rule prohibiting defendants from publicly denying allegations in settled SEC enforcement actions actually heightens the need to think strategically when negotiating resolutions and pursuing public denials of wrongdoing, say attorneys at Cleary.

• 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.

• 'Operation Hard Money' Marks New Phase In Synthetic ID Fraud

  

  A recent California mortgage fraud case dubbed "Operation Hard Money" shows synthetic identities are increasingly key to mortgage and money laundering schemes, so lenders would be wise to integrate verification and behavioral monitoring as fraud powered by artificial intelligence creates larger losses and recovery challenges, says Neal Levin at Rimon.

• 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.

• 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.

• Tax Teams Get No Bright-Line Rule From AI Privilege Cases

  

  Three recent appellate decisions that considered artificial intelligence in the context of attorney-client privilege protections illustrate that taxpayers and tax practitioners alike must consider the pertinent facts on a case-by-case basis, with particular attention to confidentiality, disclosure risk and system design, say attorneys at Morgan Lewis.

• Claiming The Narrative Before The SEC Files Charges

  

  Following the U.S. Securities and Exchange Commission's recent rescission of its no-deny rule, Scott Schneider at FTI Consulting, a former U.S. Securities and Exchange Commission communications official, details when and how to publicly respond to news of a pending regulatory inquiry targeting your company.

• 3 Rulings Show How Creditors Make Civil RICO Claims Stick

  

  An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

• DOJ Activity Indicates Rising Antitrust Risk For Hospitals

  

  Two civil actions filed by the U.S. Department of Justice against New York-Presbyterian Hospital and OhioHealth, both alleging that the hospital systems used their market power to stifle competition, highlight the government's growing scrutiny of barriers to lower-cost insurance options, say attorneys at Freshfields.

• SEC Enforcement Has Continued Its Asset Management Focus

  

  While the total number of U.S. Securities and Exchange Commission enforcement actions is down, certain novel theories of liability have been abandoned, and the SEC has embraced a back-to-basics posture, most of the regulatory risks for asset managers that existed in the prior commission have not gone away, say attorneys at Weil.

• Advice For Responding To Minority Preservation Letters

  

  Democratic lawmakers have recently issued document preservation letters to potential investigative targets, signaling that the minority party intends to advocate for accountability if it regains power, but there are several steps that can be taken to manage these demands and stay ahead of potential risks, say attorneys at Covington.

• 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.

• How Anthropic's Mythos May Upend Defense Cyber Rules

  

  Anthropic’s recent announcement that Claude Mythos, an AI general-purpose language model, could soon enable virtually anyone to exploit vulnerabilities in major web browsers and operating systems marks an imminent increase in threat levels that current defense cybersecurity regulations were not designed to navigate, say attorneys at Fluet.