Expert Analysis

• Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

  

  While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

• How To Limit Accounting Fraud Risk As SEC Focus Persists

  

  Despite the U.S. Securities and Exchange Commission's pullback on crypto, cybersecurity and recordkeeping cases, accounting fraud remains a core enforcement priority, making it important for public companies and auditors to strengthen controls, investigations and whistleblower processes, say attorneys at Pillsbury.

• The Ethics And Practicalities Of Representing AI Agents

  

  With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

• Notable Q1 Updates In Insurance Class Actions

  

  Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

• FinCEN Rule Could Reshape AML Priorities Across Finance

  

  Financial institutions should prepare for a proposed Financial Crimes Enforcement Network rule that would heighten scrutiny of anti-money laundering requirements and encourage responsible use of technology, potentially reorienting compliance, governance decisions and enforcement exposure for organizations across the financial sector, not just banks, say attorneys at Pillsbury.

• Opinion

  The SEC Should Institute A New Enforcement Scorecard

  

  Amid controversy over the recent release of the U.S. Securities and Exchange Commission's annual enforcement statistics, the SEC should use a new scorecard that measures how well the Division of Enforcement detects and stops intentional fraud in order to refocus on its core mission of investor protection, says Peter Chan at Baker McKenzie.

• Series

  Speed Jigsaw Puzzling Makes Me A Better Lawyer

  

  My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

• How To Reconcile AI Opacity And Advisers' Fiduciary Duties

  

  Firms that treat fiduciary compliance as a foundation for responsible artificial intelligence adoption will be best positioned when the U.S. Securities and Exchange Commission moves from implicit expectations to explicit rules regarding advisers' core duties, as those are unlikely to change, says Ivor Wolk at Manatt.

• New Risks Emerge As States Push Proxy Voting Legislation

  

  Recent state proxy voting laws have increasingly emphasized financial returns while intensifying scrutiny of proxy advisory firms and stewardship practices, creating new compliance challenges and risks, according to attorneys at Morgan Lewis.

• Framing Membership Filings To Anticipate FINRA's Concerns

  

  Recent updates to the Financial Industry Regulatory Authority’s membership application program should remind firm management to treat the filing process not as a compliance chore, but as a test of operational and regulatory readiness where they can anticipate and address FINRA's concerns, says Andrew Mount at Eversheds Sutherland.

• 2 AI Snafus Show Why Attys Can't Outsource Judgment

  

  The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

• Assessing The 9th Circ.'s Recent Stock Drop Dismissal Trend

  

  The recent decision in Nova Scotia Health Employees' Pension Plan v. Comerica is an important circuit-level addition to the growing trend of Ninth Circuit securities class action dismissals on loss causation grounds, which have used a contextual analysis premised on stock drops that are modest, typical and short-lived, say attorneys at Paul Weiss.

• How 'Spillover' Effects Can Skew AI Securities Class Actions

  

  Event study evidence is often central in securities litigation at class certification and beyond, but in an environment where earnings forecasts and statements can have spillover market implications, particularly when concerning artificial intelligence, the task of parsing out the price impact of news requires careful consideration, say Erik Johannesson, Olivia Wurgaft and Nguyet Nguyen at Brattle Group.

• Series

  Playing Magic: The Gathering Makes Me A Better Lawyer

  

  The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

• Why The Wells Process Is No Longer A One-Sided Exercise

  

  The U.S. Securities and Exchange Commission's recently revamped Enforcement Manual rewrites the informational asymmetry that has defined SEC defense for decades, providing counsel with several new strategies to produce better submissions, give better advice and achieve better outcomes, says Ashwin Ram at Buchalter.