Expert Analysis

• Ruling Puts Guardrails On FTC Merger Filing Rule Expansion

  

  A Texas federal court recently vacated the Federal Trade Commission's overhaul of the Hart-Scott-Rodino premerger notification form, in a significant setback for the antitrust agencies, say attorneys at Reed Smith.

• Opinion

  Federal Preemption In AI And Robotics Is Essential

  

  Federal preemption offers a unified front at a decisive moment that is essential for safeguarding America's economic edge in artificial intelligence and robotics against global rivals, harnessing trillions of dollars in potential, securing high-skilled jobs through human augmentation, and defending technological sovereignty, says Steven Weisburd at Shook Hardy.

• 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.

• CFIUS Initiative May Smooth Way For Some Foreign Investors

  

  A new program that will allow certain foreign investors to be prevetted and admitted to fast-track approval by the Committee on Foreign Investment in the United States will likely have tangible benefits for investors participating in competitive M&A, say attorneys at Simpson Thacher.

• Series

  Judges On AI: Practical Use Cases In Chambers

  

  U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.

• Takeaways From 1st DOJ Antitrust Whistleblower Payout

  

  The U.S. Justice Department's recent $1 million antitrust whistleblower reward accelerates the race to report by signaling that the Antitrust Division's program can result in substantial financial awards and reinforcing the need for corporate compliance programs that reach beyond core components, say attorneys at Pillsbury.

• Series

  Trail Running Makes Me A Better Lawyer

  

  Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.

• Navigating New Risks Amid Altered Foreign Issuer Landscape

  

  The U.S. Securities and Exchange Commission's potential rulemaking to redefine who qualifies as a foreign private issuer will shape securities regulation and enforcement for decades, affecting not only FPIs and U.S. investors but also the U.S.' position in global capital markets, says Elisha Kobre at Sheppard.

• Reflections From High Court Oral Args Over Fed Gov. Removal

  

  In the oral arguments last month for Trump v. Cook, which asks the U.S. Supreme Court to clarify the circumstances under which the president can remove a Federal Reserve Board governor, the justices appeared skeptical about ruling on the substantive issues in view of the limited record and analysis, say attorneys at Ballard Spahr.

• CFIUS Risk Lessons From Chips Biz Divestment Order

  

  President Donald Trump's January executive order directing HieFo to unwind its 2024 acquisition of a semiconductor business with ties to China underscores that even modestly sized transactions can attract CFIUS interest if they could affect strategic areas prioritized by the U.S. government, say attorneys at Debevoise.

• Malpractice Claim Assignability Continues To Divide Courts

  

  Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

• Tips For Financial Advisers Facing TRO From Former Firm

  

  The Eighth Circuit's recent decision in Choreo v. Lors, overturning a lower court's sweeping injunction after financial advisers moved to a new firm, gives advisers new strategies to fight restraining orders from their old firms, such as focusing on whether the alleged irreparable harm is calculable, say attorneys at Kutak Rock.

• How Latest Nasdaq Proposals Stand To Raise Listings Quality

  

  Nasdaq's recent proposals stand to heighten both quantitative and qualitative standards for issuers, which, if approved, may bring investors stronger market integrity and access but also raise the listings bar, say attorneys at Norton Rose.

• Opinion

  CFIUS Must Adapt To Current Foreign Investment Realities

  

  To continue protecting the U.S.’ long-term strategic and economic interests, the Committee on Foreign Investment in the United States should implement practical enhancements that leverage technology, expertise and clear communication, and enable it to keep pace with evolving demands, says attorney Sohan Dasgupta.

• Bipartisan Enforcement Is Rising In Consumer Finance

  

  Activity over the past year suggests a bipartisan state enforcement wave is rippling across the consumer finance industry, which follows a blueprint set out by former Consumer Financial Protection Bureau Director Rohit Chopra, who notably now leads a Democratic Attorneys General Association working group, say attorneys at Hudson Cook.