Expert Analysis


Venezuela Legal Shifts May Create Investment Opportunities

Since the removal of President Nicolás Maduro, Venezuela has shown signs of economic liberalization, particularly in the oil and mining sectors, presenting unique — but still high-risk — investment opportunities for U.S. companies, say attorneys at Haynes Boone.


Unpacking Dormant Commerce Clause Cannabis Circuit Split

Federal courts have reached differing conclusions as to whether state-legal cannabis is subject to the dormant commerce clause, with four opinions across three circuit courts in the last year demonstrating the continued salience of the dormant commerce clause debate to the nation's cannabis industry, regulators and policymakers, say attorneys at Perkins Coie.


Remote Patient Monitoring Is At Regulatory Inflection Point

With remote patient monitoring at the center of new federal pilot programs and a recent report from the U.S. Department of Health and Human Services' Office of Inspector General examining Medicare billing for those services, it is clear that balancing innovation and risk will be a central challenge ahead for digital health stakeholders, say attorneys at Morgan Lewis.


Tips For Counsel As PE Eyes Data Center Facility Services

As private equity interest in specialized commercial facility services providers heightens, considerations for counsel and private equity investors run the gamut from contract transferability to facility compliance, say attorneys at Morgan Lewis.


How Latest Nasdaq Proposals Stand To Raise Listings Quality

Nasdaq's recent proposals stand to heighten both quantitative and qualitative standards for issuers, which, if approved, may bring investors stronger market integrity and access but also raise the listings bar, say attorneys at Norton Rose.


Texas AG Wields Consumer Protection Law Against Tech Cos.

Texas Attorney General Ken Paxton has targeted technology companies using the Texas Deceptive Trade Practices Act, a broadly worded statute that gives the attorney general wide latitude to pursue claims beyond traditional consumer protection, creating unique litigation risks, say attorneys at Yetter Coleman.


When Bankruptcy Collides With Product Recalls

The recent bankruptcy filing by Rad Power Bikes on the heels of a U.S. Consumer Product Safety Commission warning about dangerously defective batteries sold by the company highlights how CPSC enforcement clashes with bankruptcy protections, leaving both regulators and consumer litigants with limited options, says Michael Avanesian at Avian Law Group.


Protecting Sensitive Data During Congressional Inquiries

With the 2026 midterm elections potentially set to shift control of one or both houses of Congress, entities must proactively plan for the prospect of new congressional investigations, and adopt strategic, effective and practical measures to mitigate risks related to disclosure of sensitive information, say attorneys at Crowell & Moring.


Where PCAOB Goes Next After A Year Of Uncertainty

The Public Company Accounting Oversight Board will likely bring fewer enforcement matters in 2026, reflecting a notable change in board priorities following the change in administrations, say Robert Cox and Nicole Byrd at Whiteford Taylor and Matthew Rogers at Bridgehaven Consulting.


As Federal Water Regs Recede, Calif.'s Permitting Tide Rises

The U.S. Supreme Court's 2023 decision in Sackett v. U.S. Environmental Protection Agency reduced federal protections for many wetlands and surface water features, but as California's main water regulator has made clear, many projects are now covered by state rules instead, which have their own complex compliance requirements, says Thierry Montoya at FBT Gibbons.


Weathering FINRA's Scrutiny Of Foreign Small-Cap Issuers

To prepare for the Financial Industry Regulatory Authority's recently announced targeted examinations, broker-dealers and firms that assist with IPOs abroad should consult years of FINRA guidance on managing the money-laundering and fraud risks inherent to foreign small-capitalization offerings, say Michael Watling and Elika Mohebbi at Seward & Kissel.


Nigeria Ruling Offers Road Map For Onerous Costs Requests

The Court of Appeal's judgment in Nigeria v. VR Global Partners is significant because it tests the extent to which a court may prioritize accessibility and its own resources over a judgment creditor's desire for immediate recourse, says Josep Galvez at 4-5 Gray's Inn Square.


How To Trademark A Guy In 8 Ways: An IP Strategy Against AI

Attempting a novel method of protection against artificial intelligence misuse of his voice and likeness, Matthew McConaughey's recent efforts to register eight trademarks for a series of audio and video clips of himself underscore the importance of extending existing legal frameworks beyond traditional applications, says Summer Todd at Patterson Intellectual Property.


Ambiguity Remains On Anti-DEI Grant Conditions

Although a recent decision in City of Chicago and City of Saint Paul v. U.S. Department of Justice temporarily halts enforcement of anti-DEI conditions in federal grant applications, and echoes recent decisions in similar cases, companies remain at risk until the term “illegal DEI” is clarified, say attorneys at Moore & Van Allen.


Utilizing The ITC To Combat 'Gray Market' IP Infringement

As technological developments intensify trademark owners' need to respond swiftly to "gray market" sales of international goods imported into the U.S. without the trademark owner's consent, litigating at the U.S. International Trade Commission offers an underutilized enforcement option, say attorneys at MoFo.


Utah's AI Prescription Renewal Pilot Could Inform Policy

Utah recently became the first state to approve an artificial intelligence system for autonomously renewing certain prescription medicines, providing a test case for how regulators may be able to draw boundaries between administrative automation and medical judgment, say Jashaswi Ghosh at Holon Law Partners and Bryant Godfrey at Foley Hoag.


Emerging Themes In Nevada High Court Civil Litigation

The Nevada Supreme Court issued a series of significant civil rulings in 2025 that reflect recurring themes: a restrained approach to personal jurisdiction, heightened expectations of professionalism, close scrutiny of trial conduct, and a willingness to enforce contractual provisions that other jurisdictions might reject, says Michael Lowry at Wilson Elser.


Radiation Standard Shift Might Add Complications For Cos.

In keeping with the Trump administration's focus on nuclear energy, the U.S. Department of Energy recently announced that it will eliminate the "as low as reasonably achievable" radiation protection standard for agency practices and regulations — but it is far from clear that this change will benefit the nuclear power industry, say attorneys at K&L Gates.


What To Know As Courts Rethink McDonnell-Douglas

Although the U.S. Supreme Court declined the latest opportunity to address the viability of the McDonnell-Douglas burden-shifting framework used in employment discrimination and retaliation claims, two justices and courts around the country are increasingly seeking to abandon it, which could potentially lead to more trials and higher litigation budgets, say attorneys at Jackson Lewis.


Bipartisan Enforcement Is Rising In Consumer Finance

Activity over the past year suggests a bipartisan state enforcement wave is rippling across the consumer finance industry, which follows a blueprint set out by former Consumer Financial Protection Bureau Director Rohit Chopra, who notably now leads a Democratic Attorneys General Association working group, say attorneys at Hudson Cook.



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Opinion


CFIUS Must Adapt To Current Foreign Investment Realities

To continue protecting the U.S.’ long-term strategic and economic interests, the Committee on Foreign Investment in the United States should implement practical enhancements that leverage technology, expertise and clear communication, and enable it to keep pace with evolving demands, says attorney Sohan Dasgupta.

Congress Should Lead On AI Policy, Not The States

There needs to be some limits on how far federal agencies go in regulating artificial intelligence systems, but Congress must not abdicate its responsibility and cede control over this interstate market to state and local officials, say Kevin Frazier at the University of Texas School of Law and Adam Thierer at the R Street Institute.



Access to Justice Perspectives


3 Reforms To Help Pro Se Litigants Tackle Family Court Forms

Self-represented family court litigants must navigate the often-bewildering process of finding, completing and filing the correct form, so courts and policymakers should consider several ways to make the process more accessible, says Caroline Rogus at Drexel University.