Expert Analysis

• FINRA Guide Refines Rules Of The Road For Negative Consent

  

  A recent Financial Industry Regulatory Authority notice streamlines the use of negative consent letters to customers, particularly for introducing brokers and clearing brokers, but it also attaches greater responsibility to compliance, and firms must ensure use of negative consent remains firmly within FINRA's bright-line rules, say attorneys at Mintz.

• 11th Circ. NextEra Ruling Broadens Loss Causation Standard

  

  The Eleventh Circuit's recent Jastram v. NextEra Energy decision significantly expands the loss causation standard at the motion-to-dismiss stage and may lead to suits predicated on more tenuous connections between company disclosures and alleged misstatements, say attorneys at Sidley.

• Where 5th Circ. Ruling Fits In ERISA Arbitration Landscape

  

  The Fifth Circuit's recent decision in Parrott v. International Bancshares, holding that an Employee Retirement Income Security Act plan may consent to arbitration, must be understood against the backdrop of a developing body of appellate authority addressing ERISA arbitration, say attorneys at Gibson Dunn.

• Navigating Exclusion Decisions After SEC's No-Action Change

  

  Following the U.S. Securities and Exchange Commission's November changes to the Rule 14a-8 no-action letter process, shareholder proponents have turned to litigation if companies excluded their proposals under the new framework, with three recent cases offering useful lessons for companies navigating exclusion decisions this proxy season, say attorneys at Cleary.

• 5 Different AI Systems Raise Distinct Privilege Issues

  

  A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.

• Opinion

  AI-Assisted Arbitration Needs Safeguards To Ensure Fairness

  

  As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, ​​​​​​​clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.

• Series

  Playing Piano Makes Me A Better Lawyer

  

  Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.

• AI-Generated Doc Ruling Guides Attys On Privilege Risks

  

  A New York federal court's ruling, in U.S. v. Heppner, that documents created by a defendant using an artificial intelligence tool were not privileged, can serve as a guide to attorneys for retaining attorney-client or work-product privilege over client documents created with AI, say attorneys at Sher Tremonte.

• The Law Firm Merger Diaries: Leadership Strategy After Day 1

  

  For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.

• Clearing US Legal Hurdles To Biz Opportunities In Venezuela

  

  Companies evaluating foreign investment or activity in Venezuela given the U.S. government's recently announced plans to reinvigorate its natural resources should take specific steps to minimize risks connected to interactions with restricted parties given the web of U.S. counterterrorism, anticorruption and sanctions controls, say attorneys at King & Spalding.

• Calif.'s Civility Push Shows Why Professionalism Is Vital

  

  The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.

• Del. Dispatch: Workplace Sexual Misconduct Liability In Flux

  

  Following the Delaware Court of Chancery's recent contradictory rulings in sexual misconduct cases involving eXp World, Credit Glory and McDonald's, it's now unclear when directors' or officers' fiduciary duties may be implicated in cases of their own or others' sexual misconduct against employees, say attorneys at Fried Frank.

• US-Ukraine Reconstruction Fund Tax Exemptions Uncertain

  

  Tax provisions in the bilateral agreement to establish the U.S.-Ukraine Reconstruction Investment Fund, which recently announced it is accepting applications, are so broad and imprecise as to leave uncertainty regarding whether and when tax exemptions will apply to investors' income, say attorneys at Avellum and Debevoise.

• Series

  Trivia Competition Makes Me A Better Lawyer

  

  Playing trivia taught me to quickly absorb information and recognize when I've learned what I'm expected to know, training me in the crucial skills needed to be a good attorney, and reminding me to be gracious in defeat, says Jonah Knobler at Patterson Belknap.

• Series

  Law School's Missed Lessons: What Cross-Selling Truly Takes

  

  Early-career attorneys may struggle to introduce clients to practitioners in other specialties, but cross-selling becomes easier once they know why it’s vital to their first years of practice, which mistakes to avoid and how to anticipate clients' needs, say attorneys at Moses & Singer.