Expert Analysis

• 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

  

  The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

• Legal Risks Rise As Construction-Site Drone Use Soars

  

  Construction companies using drones face mounting legal risks as Federal Aviation Administration compliance requirements tighten, remote identification capabilities expand and proposed rules move toward organizational accountability, making it crucial to update contracts, schedules, safety protocols and data-governance practices now to avoid future liability, say attorneys at Cozen.

• Assessing Material Adverse Event Clauses Amid Iran Conflict

  

  As deals signed before the current Middle East conflict come under pressure, determinations over material adverse effect clauses are arising in real time, and whether an MAE has been wrongfully invoked may be as consequential as whether it was validly established in the first place, say Amran Nawaz and Ralph Stobwasser at Secretariat.

• AI Data Center Boom May Spur Wave Of Toxic Tort Suits

  

  Nascent litigation matters against data center operators, set against limited government regulation and a growing body of public health research, suggests we may be on the cusp of an era of mass toxic tort claims, with a liability framework firmly rooted in precedent from other industries, says Benjamin Heller at RFZ Law.

• How Data Center Accounting May Draw Enforcement Scrutiny

  

  As public and media scrutiny of the data center industry intensifies, regulators, enforcement authorities and Congress will likely focus on accounting judgments that rely on aggressive assumptions, opaque financing structures or rapidly evolving collateral classes, heightening the risk of investigations and inquiries, say attorneys at King & Spalding.

• NY's Growing Enviro Reg Framework Will Transform Projects

  

  Three closely connected environmental rulemakings in New York state — concerning greenhouse gas reporting, remediation standards and amendments to the State Environmental Quality Review Act — have reached critical stages, and taken together, they will have major impacts on business operations, construction project timelines and transactional risk, say attorneys at Holland & Knight.

• What's At Stake For Employers In Fight Over Visa Pause

  

  For employers that rely on foreign talent, the Trump administration’s suspension of immigrant visa issuance for the nationals of 75 countries is creating practical problems, and a recently filed lawsuit challenging the pause could determine whether consular processing, for some, ceases to be an individualized process, says attorney Lisa Eisenberg.

• 8 Reasons To Consider Maryland As A 'DExit' Option

  

  While Nevada and Texas have garnered the most attention as alternative states of incorporation for companies considering leaving Delaware, Maryland offers considerable benefits too, including a predictable statutory framework, robust anti-takeover protections, sophisticated business courts with decades of experience, and more, say attorneys at Miles & Stockbridge.

• Small And Midsize Business Finance Faces More State Regs

  

  Recent developments in state credit disclosure, consumer debt collection, and lender licensing and registration requirements suggest that companies extending financing to small and midsize businesses are likely to encounter a significantly more stringent legal climate moving forward, say attorneys at Manatt.

• How Courts Are Clashing Over FinCEN Real Estate Rule

  

  A Texas federal court's recent decision in Flowers v. Bessent has vacated the Financial Crimes Enforcement Network's anti-money laundering rule for residential real estate transfers, but significant uncertainty remains due to the ruling's direct conflict with other recent federal court decisions, say attorneys at Katten.

• What DOL Proposal Signals For 401(k)s, Alternative Assets

  

  The U.S. Department of Labor recently published a highly anticipated proposed rule that could establish more defined pathways for 401(k) plan fiduciaries to consider investment options with greater alternative asset exposure, and help fund sponsors and investment managers develop such options, say attorneys at Cleary.

• Legal And Regulatory Keys To Sustainable Building Projects

  

  While the federal government continues to roll back environmental regulations, market momentum toward high-performance, energy-efficient commercial real estate as a defining driver of long-term value remains robust — so developers should understand how applicable standards and regulatory frameworks will affect projects, say attorneys at CGS3.

• Anticipating The Justices' Potential Ruling On Tax Takings

  

  Recent oral arguments in the U.S. Supreme Court case Pung v. Isabella focused on rules for valuation, timing and administrability of tax auction proceeds and whichever method the court adopts for determining just compensation, it will have far-reaching impacts on tax collection, homeowners' equity and the secondary market for tax-foreclosed property, say attorneys at Holland & Knight.