Expert Analysis

• 8 Tariff Refund Questions For Restructuring Professionals

  

  For restructuring and turnaround professionals, seeking refunds following the U.S. Supreme Court's recent decision invalidating tariffs imposed under the International Emergency Economic Powers Act raises several questions about how to capture legitimate recoveries while protecting an enterprise from the consequences of its own history, says Jonny Frank and Laura Greenman at StoneTurn, and Andrew Popescu at Province.

• Defense Deals Can Trigger Extra HSR Filing With The DOD

  

  Certain aerospace, defense and national security M&A transactions will require a concurrent Hart-Scott-Rodino Act filing to the U.S. Department of Defense, and practice tips for navigating this extra filing include early analysis of competitive implications of sector deals and planning for concurrent filings, say attorneys at White & Case.

• Navigating Life Sciences Deals Amid Heightened Scrutiny

  

  With pricing reform initiatives, national security legislation and evolving trade policy currently contributing to meaningful uncertainty for life sciences companies, it is important to proactively structure deals to avoid downstream complications, say attorneys at Cooley.

• Series

  Watching Hallmark Movies Makes Me A Better Lawyer

  

  I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

• Nippon Case Illustrates Challenges Of Proving Antitrust Injury

  

  A recent California federal court decision dismissing challenges to Nippon Steel's purchase of U.S. Steel underscores the longtime antitrust precedent that while the limitations of injury are critical for defendants sued under U.S. antitrust laws, showing that the harm is real is the key, says Cameron Regnery at Freeman Mathis.

• Contract Disputes Recap: Estimates, Value, Gov't Causation

  

  Three recent decisions provide helpful insights about the risk of relying on estimated quantities in blanket purchase agreements, the impact of valuation methodologies and the proof needed to overcome an agency's sovereign acts defense, say attorneys at Seyfarth.

• How Iran War Might Reshape Proxy Contests This Year

  

  The Iran war may function as a short-term poison pill for proxy contests, not because it strengthens corporate defenses, but because it increases the risks associated with activist commitments, say attorneys at Sidley.

• When Trade Secret Litigation And Criminal Law Collide

  

  An increasing convergence of trade secret litigation and white collar defense, especially with several recent criminal prosecutions from the Justice Department, should prompt businesses and counsel to adapt within the overlapping landscapes, says Kenneth Notter at MoloLamken.

• Changes Coming To The SBIR And STTR Programs

  

  Legislation recently approved by Congress to reauthorize the Small Business Innovation Research and Small Business Technology Transfer Programs includes changes focused on national security that would improve transparency but also increase applicants' administrative burdens, slow the awards process and likely increase litigation, say attorneys at Fluet & Associates.

• Moderna Case Highlights Overlooked Hurdle In Biopharma IP

  

  The recent settlement of the patent litigation involving Moderna's COVID-19 vaccine in Delaware federal court shows that patent portfolios covering enabling platform technologies can create significant freedom-to-operate risk even when their owners are not direct competitors developing the therapeutic product, says Olga Berson at Thompson Coburn.

• Breaking Down State Legislative Efforts In Telecom Security

  

  As the federal government has strengthened national security safeguards for the telecommunications ecosystem, states have also asserted a role in telecom security, with variations among these regimes risking regulatory fragmentation and complicating compliance strategies, say attorneys at Hogan Lovells.

• 5 Tips For Navigating Your Firm's All-Attorney Summit

  Excerpt from Practical Guidance

  

  Law firm retreats should be approached strategically, as they present valuable opportunities to advance both the firm's objectives and attorneys' professional development through meaningful participation, building and strengthening internal relationships, and proactive follow-up, says James Argionis at Cozen O’Connor.

• What's At Stake In High Court's Venue Dispute Case

  

  The U.S. Supreme Court’s eventual ruling in Abouammo v. U.S. could fundamentally reshape venue rules for federal criminal prosecutions, highlighting why defense counsel should ensure preservation of colorable venue challenges, particularly where the government's chosen forum lacks a direct connection to the defendant's physical acts, say attorneys at ArentFox Schiff.

• 5 Gov't Contractor Tips Following Anthropic Risk Designation

  

  The Pentagon's designation of Anthropic as a supply chain risk is an unprecedented action that raises significant legal questions, and with government contractors already receiving directives and inquiries concerning their use of Anthropic products and services, there are several strategies contractors can use to manage risk, say attorneys at Mayer Brown.

• How Data Centers Can Prep For Legal Challenges Amid War

  

  Amid conflict in the Middle East, data centers may now be exposed to state-level kinetic threats, creating significant legal, regulatory and contractual implications, so operators should update their legal and operational frameworks in order to withstand future disruptions and meet the regulator expectations, say attorneys at Baker Botts.