Expert Analysis

• USTR Forced Labor Tariff Plan Pushes Trade Recourse Limits

  

  Tariffs recently proposed by the U.S. Trade Representative’s Office, which determined that 60 countries failed to implement adequate forced labor protections, expand the use of existing trade remedies to address global supply chain labor standards, potentially inviting both practical adjustments by businesses and careful legal scrutiny, says attorney Sohan Dasgupta.

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  Cow Horse Makes Me A Better Lawyer

  

  Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

• What Prop 65 Listings For Welding Fumes, Drugs Mean For Cos.

  

  With California poised to add welding chemicals and three medications to its list of known carcinogens under Proposition 65, businesses must assess risks from nontraditional pharmaceutical dispensing, occupational and environmental exposures to welding operations, and downstream exposures from the manufacture of both types of substances, says Gregory Berlin at Alston & Bird.

• How Trump's Nuclear EO Has Transformed The NRC

  

  In the year since President Donald Trump issued Executive Order No. 14300, directing sweeping reforms of the U.S. Nuclear Regulatory Commission, the agency has revised key oversight programs and proposed major rulemakings and new licensing frameworks — but the NRC must continue to center transparency and trust as key values, says Brooke Clark at Morgan Lewis.

• Checking For AI Errors Is Now A Two-Way Street

  

  A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

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  The Biz Court Digest: Shoring Up Corporate Law In Maryland

  

  Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

• Contract Disputes Recap: The Right Argument, The Right Time

  

  Three recent decisions from the Federal Circuit and the U.S. Court of Federal Claims together reinforce the importance in government contract disputes of preserving issues early, presenting claims clearly and raising all relevant arguments in the first case, say attorneys at Seyfarth.

• Federal Officer Removal After Justices' La. Pollution Ruling

  

  In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

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  Competing At Poker Makes Me A Better Lawyer

  

  Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

• 5 Things Associates Must Ask About Their Firm's Merger Plan

  

  The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

• High Seas Vessel Forfeitures Face Constitutional Headwinds

  

  The owner of an oil tanker the government seized over ties to Iran recently asked a D.C. federal court to dismiss the forfeiture action for lack of jurisdiction, raising constitutional questions about U.S. forfeiture law and the seizure of ships without a foreign government's cooperation, say attorneys at Reed Smith.

• FinCEN World Cup Warning Raises Trafficking Risks For Cos.

  

  The Financial Crimes Enforcement Network's recent warning of human trafficking risks during the World Cup games signals heightened scrutiny ahead of the upcoming tournament, and suggests regulators increasingly expect businesses beyond financial institutions to maintain effective trafficking-risk controls, say attorneys at Morgan Lewis.

• 2 'Rocket Dockets' And The Rules That Propel Them

  

  The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

• Defense Patent Holiday's Real Prize May Be Collab Potential

  

  The true value of participating in the ongoing defense patent holiday program might lie not in access to technology developed by the U.S. Department of War, but in developing a working relationship with a federally funded lab and potentially achieving a cooperative research and development agreement, says Lawrence Kass at Steptoe.

• Your Next Litigation Hold Should Cover AI Chat Logs

  

  The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.