Expert Analysis

• Attorneys Using AI May Have Ethical Duty To Redact Docs

  

  The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

• Compliance Lessons From Agriculture Co. Mexican Bribe DPA

  

  Agricultural company Scoular’s recently announced deferred prosecution agreement over alleged Foreign Corrupt Practices Act violations at the U.S.-Mexico border reinforces the U.S. Department of Justice’s focus on cartels, and companies must accordingly ensure they address risks associated with the use of customs brokers, says Adam Safwat at Foley Hoag.

• 5 Practice Tips After DOJ's Healthcare Fraud Declination

  

  In light of the U.S. Department of Justice's decision to not prosecute Campus Eye Management under the agency's new corporate enforcement and voluntary self-disclosure policy, healthcare companies should keep several considerations in mind when weighing their risk and self-disclosure strategy, including the distinctions between reporting to the DOJ versus other government agencies, say attorneys at Haynes Boone.

• Assessing The Early Days Of Woodcock's SEC Tenure

  

  Since David Woodcock took over the U.S. Securities and Exchange Commission's Division of Enforcement four months ago, the division has pursued a scaled-back caseload centered on fraud and manipulative conduct, largely following the enforcement outlook that emerged under SEC Chairman Paul Atkins, say attorneys at Akerman.

• AI And AML: Rulemakings Lean Into Responsible Innovation

  

  Recent federal rulemaking increasingly supports deployment of artificial intelligence tools for anti-money laundering compliance purposes, and institutions that build clear use and governance frameworks will be best positioned to defend programs when AI systems err, say attorneys at Paul Hastings.

• Voyager Ruling Maps Out Ch. 11 Exculpation Lessons

  

  Chapter 11 plan proponents drafting exculpation provisions may benefit from contrasting the exculpatory language recently invalidated by a New York federal court in the Voyager Digital Holdings case with successful recent use of these provisions in confirmed bankruptcy plans, say attorneys at Debevoise.

• Series

  Juggling And Unicycling Make Me A Better Lawyer

  

  Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

• Expert Witness's ChatGPT Use Highlights New AI Risks

  

  An expert witness's recent use of ChatGPT in multidistrict litigation involving 3M to formulate most of his opinion illustrates the lack of clear rules for how an expert may use generative AI in an opinion, expanding both offensive and defensive discovery considerations, says David Shargel at Bracewell.

• DOJ Executive Privilege Opinion Portends 3rd-Party Dilemmas

  

  The recent opinion from the U.S. Department of Justice’s Office of Legal Counsel concluding that executive privilege can shield the president's communications with private advisers may lead to interbranch disputes, and companies must come up with a response plan now before they’re caught in the middle, say attorneys at Gibson Dunn.

• Planning For The Impact Of FinCEN's CTA Rollback

  

  The Financial Crimes Enforcement Network's recent rollback of Corporate Transparency Act reporting obligations should reduce compliance costs, but its plans to revisit customer due diligence rules should prompt companies and financial institutions to reassess state beneficial ownership programs, say attorneys at Sidley.

• How 'Swap' Fight Underpins Prediction Market Enforcement

  

  As courts around the country grapple with whether, and under what circumstances, event contracts qualify as swaps, federal enforcement authority hangs in the balance, with implications for companies that need to manage compliance risks during this period of legal uncertainty, say attorneys at Debevoise.

• SEC's Adit Case Maps 5 Fault Lines In Pre-IPO Funds

  

  The U.S. Securities and Exchange Commission's recent case brought against Adit Ventures Management offers fund counsel, limited partners and private market intermediaries a useful example of where a pre-initial public offering vehicle can fail, and how familiar fiduciary and anti-fraud principles apply, says Ben Dubin at VC Expert Services.

• 8(a) Firms Face New Risks From Pass-Through Arrangements

  

  ​Prime contractors and subcontractors with pass-through arrangements involving the Small Business Administration's 8(a) business development program should ensure they are prepared for heightened litigation risks created by the administration’s use of False Claims Act whistleblowers to target fraud in diversity, equity and inclusion programs, say attorneys at RJO.

• SVB Parent's Claim Loss To FDIC Bears Bond Wording Lesson

  

  A North Carolina federal court’s recent ruling that the Federal Deposit Insurance Corp., as receiver for the collapsed Silicon Valley Bank, solely owns a $73 million fraud claim illustrates why parent financial institutions should scrutinize joint assured provisions in fidelity bonds to prevent a failed subsidiary's covered losses going to a receiver, say attorneys at McGuireWoods.

• Teva MDL Loss Shows DPAs Can Return To Haunt Civil Suits

  

  Teva’s recent partial summary judgment loss in antitrust multidistrict litigation reinforces the importance of carefully scrutinizing any statement of facts a company admits to in a deferred prosecution agreement, and illustrates the potential costs of resolving a criminal investigation this way, say attorneys at Sheppard.