Expert Analysis

• How SEC Civil Penalties Became Arbitrary: The Framework

  

  An examination of how the U.S. Securities and Exchange Commission has recently applied guidelines governing the imposition of monetary penalties in enforcement actions shows that civil penalty awards in many cases are inconsistent with the rules established to structure them, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.

• How A 1947 Tugboat Ruling May Shape Work Product In AI Era

  

  Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

• Takeaways From 7th Circ.'s Bank Fraud Conviction Reversal

  

  The Seventh Circuit’s recent decision in U.S. v. Robinson, holding that a bank fraud conviction must be grounded in a clear misrepresentation to the financial institution itself, signals that the court will not hesitate to correct substantive errors, even in unpreserved challenges, say attorneys at Quinn Emanuel.

• Navigating Privilege Law Patchwork In Dual-Purpose Comms

  

  Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

• AG Watch: Calif. Fills Federal Consumer Protection Void

  

  California's consumer protection efforts seem to be intensifying as federal oversight wanes, with Attorney General Rob Bonta recently taking actions related to buy now, pay later products, credit reporting and medical debt, consumer credit discrimination, and the use of artificial intelligence in consumer services, say attorneys at Cooley.

• Key Changes In World Bank's New Compliance Updates

  

  Recent updates to integrity guidelines for companies that bid and work on World Bank-financed projects are sufficiently extensive and unique that covered businesses must take proactive steps to map the changes against their existing compliance programs or risk severe business consequences, say attorneys at Steptoe.

• Decoding The SEC's Plans To Revitalize The US IPO Market

  

  Chairman Paul Atkins' recent speech showcased the U.S. Securities and Exchange Commission's plans to ease certain disclosure burdens, rein in politicized shareholder voting and mitigate litigation risk, which could encourage more U.S. companies to seek public listings stateside and make U.S. stock exchanges more competitive for foreign companies, say attorneys at Baker McKenzie.

• Banking Regulation Themes To Anticipate In 2026

  

  The banking enforcement and rulemaking agenda for this year is likely to reflect a mix of targeted reform, deregulatory recalibration and new priorities aligned with supervisory modernization, says Kim Prior at King & Spalding.

• Easing Equity Research Firewall Shows SEC Open To Updates

  

  The U.S. Securities and Exchange Commission’s recent agreement to modify a decades-old settlement meant to limit investment bankers’ influence over research analysts within major broker-dealer firms reflects a shift toward a commission that recognizes how rules can be modernized to lighten compliance burdens without eliminating core safeguards, say attorneys at Ropes & Gray.

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  Calif. Banking Brief: All The Notable Legal Updates In Q4

  

  The regulatory and litigation developments for California financial institutions in the fourth quarter of 2025 were incremental but consequential, with the Department of Financial Protection & Innovation relying on public enforcement actions to articulate expectations, and lawmakers and privacy regulators playing a role as well, says Stephen Britt at Stinson.

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  Fly-Fishing Makes Me A Better Lawyer

  

  Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.

• 4 Ways GCs Can Manage Growing Service Of Process Volume

  

  As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.

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  NY Banking Brief: All The Notable Legal Updates In Q4

  

  In the fourth quarter of last year, New York state enacted several developments that affect financial services regulation and business, cementing upcoming compliance obligations including cybersecurity best practices and retail stores' cash management, says Chris Bonner at Barclay Damon.

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  The Law Firm Merger Diaries: Forming Measurable Ties

  

  Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.

• Opinion

  US Cybersecurity Strategy Must Include Immigration Reform

  

  Cyberthreats are escalating while the cybersecurity workforce remains constrained due to a lack of clear standards for national-interest determinations, processing backlogs affecting professionals who protect critical public systems and visa allocations that do not reflect real-world demands, says Rusten Hurd at Colombo & Hurd.