Expert Analysis

• More Cos. Will Copy SpaceX's Shareholder Proposal Opt-Out

  

  For more than 80 years, the shareholder proposal looked like a federal right guaranteed to all public company investors, but after SpaceX opted out before its recent initial public offering, other companies are likely to follow, says Mohsen Manesh at the University of Oregon School of Law.

• Perfectus Deal Raises Trade Missteps To Enterprise Risk Level

  

  Former inspector general Parisa Salehi at Parker Poe discusses what the U.S. Department of Justice's recently settled False Claims Act case against Perfectus Aluminum can teach companies about satisfying trade reporting obligations as agencies increasingly coordinate enforcement.

• Series

  Power To The Paralegals: Burnout As A Structural Problem

  

  Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

• 2 Prediction Market Cases Will Test Insider Trading Theory

  

  Prosecutors in two recent Southern District of New York cases have filed separate charges against two defendants who used confidential information gathered from each employer to place prediction market bets, but each prosecution must overcome different legal hurdles established by the U.S. Supreme Court and the Second Circuit, says John Siffert at Lankler Siffert.

• Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

  

  An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

• Constructing AI Compliance Plans As State Laws Diverge

  

  With Colorado, Connecticut and the federal government recently announcing wildly different approaches to artificial intelligence regulation, creating a workable compliance program means addressing overlapping obligations using shared systems rather than separate silos, say attorneys at Ogletree.

• Opinion

  State Courts Must Be Gatekeepers Of Expert Testimony

  

  Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

• Weighing The Implications Of The Anthropic Export Directive

  

  The Trump administration recently issued an export control directive against Anthropic to suspend all access to Fable 5 and Mythos 5 by any foreign national, representing one of the first uses of the regime against a frontier large language model in widespread commercial distribution, says attorney Sohan Dasgupta.

• Series

  Moshing Makes Me A Better Lawyer

  

  Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

• Brief Iran Sanctions Pause Will Most Benefit Non-US Cos.

  

  Due to its short duration, the Office of Foreign Assets Control’s recently issued general license easing Iran sanctions will mostly benefit companies with preexisting commercial relationships involving Iranian petroleum, and is unlikely to mitigate overcompliance and de-risking behavior by U.S. and foreign financial institutions, says Michelle Roberts at Berliner Corcoran.

• Why Highly Specialized Experts May Risk Exclusion At Trial

  

  Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

• Trump AI Order: Voluntary Framework, Mandatory Implications

  

  President Donald Trump's recent executive order promoting the advancement of artificial intelligence innovation and security establishes a new framework for government collaboration with the AI industry, but its classified benchmarking criteria, prerelease framework terms and operational rules will determine whether it establishes de facto compliance expectations, say attorneys at Ropes & Gray.

• Drawing A Line Between Settlement Pressure And Extortion

  

  U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

• Responding To US Labeling Brazilian Gangs As Terrorist Orgs

  

  The Trump administration's recent designation of two Brazilian criminal organizations as foreign terrorists affects companies in multiple sectors that must now assess their exposure and enhance their sanctions, know-your-customer and anti-money-laundering screening programs, say attorneys at King & Spalding.

• Class Actions Have Entered The Fight Over Prediction Markets

  

  While disputes brought by states over the regulation of prediction markets have claimed most of the headlines, class actions brought by ordinary citizens, particularly in Kentucky and Massachusetts, represent another avenue to challenge the legality of the prediction markets themselves, says Laura Chiu at DarrowEverett.