Expert Analysis

• $1.7M School Fine Shows OFAC's Looking Beyond Banks

  

  The Office of Foreign Assets Control’s recent settlement with a Florida boarding school that enrolled children of a designated cartel member underlines that any organization accepting funds, providing services or interacting with individuals abroad is expected to have an effective sanctions evasion screening process, say attorneys at Perkins Coie.

• How PBMs Can Adapt To Plan Sponsors' Disclosure Demands

  

  As federal reforms, growing state regulation and litigation threats push plan sponsors to expect visibility into revenue streams, pharmacy benefit managers should leverage transparency strategically, including by simplifying how they get paid, offering clients audit-ready data and co-designing contracts that are easy for fiduciaries to explain and defend, says Kristie Blase at Frazer + Blase.

• Section 122 Tariffs Show Shift In Strategy, Not Trade Policy

  

  By imposing temporary tariffs under Section 122 of the Trade Act as a stopgap measure while it pivots to less transitory statutory authorities, the Trump administration sent a clear message that the U.S. Supreme Court’s decision in Learning Resources v. Trump, invalidating duties imposed under the International Emergency Economic Powers Act, will not precipitate a change in policy direction, say attorneys at Snell & Wilmer.

• What New Animal Welfare Enforcement Push Means For Cos.

  

  The Trump administration's recently announced multiagency focus on violations of the Animal Welfare Act and related laws will likely lead to broader enforcement actions across industries, heightened scrutiny of compliance standards and a need for businesses to adopt effective risk management practices, says Shennie Patel at Crowell & Moring.

• The Practical Implications Of New FDIC Stablecoin Measures

  

  The Federal Deposit Insurance Corp.'s recent proposal to create a formal process for issuing payment stablecoins arrives with several practical implications for FDIC‑supervised banks pursuing digital asset strategies, including a safe harbor for early applicants and a focus on ownership and governance, say attorneys at Troutman.

• How To Engage With Gov't's Direct-To-Consumer Drug Policy

  

  The U.S. Department of Health and Human Services' recent request for industry input on manufacturers' direct-to-consumer drug sales reflects the government's caution in this arena, and allows stakeholders a rare opportunity to help shape policy, says Mary Kohler at Kohler Health Law.

• Antitrust Crime Enforcement May Escalate Under New Chief

  

  While the recent departure of the Justice Department’s Antitrust Division chief created uncertainty about enforcement priorities, the debut speech from the new acting division head revealed that companies can only expect the division’s focus on vigorous criminal prosecution and offender deterrence to grow, say attorneys at Sidley.

• 5 Takeaways From OCC's 'Appealing' Exam Challenge Revamp

  

  The Office of the Comptroller of the Currency's recent proposed overhaul of its bank appeals framework introduces several attractive, high-level changes that OCC-supervised banks and their counsel should note, and may lead to an increase in successful exam challenges, says James Williams at Venable.

• What The CFTC's Event Contracts Amicus Brief Is Missing

  

  The U.S. Commodity Futures Trading Commission's recent amicus brief in the Ninth Circuit's North American Derivatives Exchange v. Nevada case declines to define the boundary between swaps and wagers, leaving market participants, exchanges and intermediaries operating within a regulatory framework whose boundaries remain undrawn, says Tamara de Silva at De Silva Law Offices.

• Series

  Podcasting Makes Me A Better Lawyer

  

  Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

• Structuring Water Agreements For Data Center Development

  

  For developers of artificial intelligence data centers, water use is now a threshold feasibility and financing variable amid a regulatory landscape with a state-driven push for transparency and federal push to streamline pathways for AI-related infrastructure, say attorneys at Pillsbury.

• AG Watch: Ohio Targets DEI Policies

  

  As Ohio Attorney General Dave Yost seeks to eliminate diversity, equity and inclusion programs in both public education institutions and private companies, Ohio entities must carefully navigate this constantly evolving, highly contentious topic to avoid litigation while also not forfeiting their core principles, say attorneys at BakerHostetler.

• Del. Coinbase Outcome May Have Been Different In Texas

  

  The Delaware Court of Chancery's recent decision in Grabski v. Andreessen, finding that a member of the Coinbase special litigation committee was not independent, provides guidance for Delaware boards regarding the formation, composition and operation of SLCs, while offering a counterpoint to the procedures available to Texas-incorporated companies, says John Lawrence at Baker Botts.

• When Fraud Involvement Disqualifies FCA Whistleblowers

  

  A Massachusetts federal court's recent dismissal of a False Claims Act relator in U.S. ex rel. Perry v. First Psychiatric Planners provides instructive insight into when whistleblowers may be denied their share of settlement proceeds, even if their involvement in the underlying fraud is a step removed, say attorneys at Holland & Knight.

• Takeaways From Calif. High Court's Public Records Decision

  

  The California Supreme Court’s recent City of Gilroy v. Superior Court decision — clarifying the relief available under, and the duties imposed by, the California Public Records Act — expands the strategic significance of CPRA actions and demands greater foresight in public records practice, say attorneys at Hanson Bridgett.