Expert Analysis

• Defeating Estoppel-Based Claims In Legal Malpractice Actions

  

  State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.

• How Cos. Can Prep For Tightened Calif. Data Breach Notices

  

  Amid California's recent enactment of S.B. 446, which significantly amends the state's data breach notification laws, companies should review and update their incident response plans by establishing processes to document and support any delayed notification, and ensure the notifications' accuracy, say Mark Krotoski and Alexandria Marx at Pillsbury.

• A Look At State AGs' Focus On Earned Wage Products

  

  Earned wage products have emerged as a rapidly growing segment of the consumer finance market, but recent state enforcement actions against MoneyLion, DailyPay and EarnIn will likely have an effect on whether such products can continue operating under current business models, say attorneys at Quinn Emanuel.

• Digital Asset Treasury Trend Signals Wider Crypto Embrace

  

  While digital asset treasuries are not new for U.S. public companies, the recent velocity of capital deployment in such investments has been notable, signaling a transformation in corporate treasury management that blurs the lines between traditional finance and the broader crypto ecosystem, say attorneys at DLA Piper.

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  The Biz Court Digest: How It Works In Massachusetts

  

  Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.

• What To Note In OCC, FDIC Plan To Standardize Supervision

  

  The Office of the Comptroller of the Currency and the Federal Deposit Insurance Corp.'s recent proposals to standardize the meaning of "unsafe or unsound practice" and revise the process for issuing matters requiring attention could significantly narrow the scope of activities that spawn enforcement actions, says Brendan Clegg at Luse Gorman.

• Why Appellees Should Write Their Answering Brief First

  

  Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.

• Questions To Ask Your Client When Fraud Taints Financing

  

  As elevated risk levels yield fertile conditions for fraud in financing transactions, asking corporate clients the right investigative questions can help create an action plan, bring parties together and help clients successfully survive any scam, says Mark Kirsons at Morgan Lewis.

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  Mindfulness Meditation Makes Me A Better Lawyer

  

  Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.

• AI Litigation Tools Can Enhance Case Assessment, Strategy

  

  Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.

• Post-Genius Landscape Reveals Technical Stablecoin Hurdles

  

  The Genius Act's implementation has revealed challenges for mass stablecoin adoption, but there are several factors that stablecoin issuers can use to differentiate themselves and secure market share, including interest rate, liquidity, and safety and security, say attorneys at Olshan Frome.

• Attys Beware: Generative AI Can Also Hallucinate Metadata

  

  In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.

• What May Be Ahead In Debanking Enforcement

  

  President Donald Trump's executive order on politicized or unlawful debanking has spurred a flurry of activity by the federal banking regulators, so banks should expect debanking-related complaints submitted by consumers to increase, and for federal regulators to look for more enforcement opportunities, say attorneys at Bradley Arant.

• SEC Crypto Custody Relief Offers Clarity For Funds

  

  A recent U.S. Securities and Exchange Commission staff letter supplies a workable path for registered investment advisers and funds seeking to offer crypto custody services by using state trust companies, and may portend additional useful guidance regarding crypto custody, say attorneys at Morgan Lewis.

• When Atty Ethics Violations Give Rise To Causes Of Action

  

  Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.