Expert Analysis

• How DOJ's New Corporate Crime Policy Will Work In Practice

  

  The upshot of the Justice Department's new corporate crimes enforcement framework is uniformity for self-reporting companies, but there is uncertainty around how it will be applied in interaction with the Southern District of New York's more lenient, yet unpredictable, financial crimes enforcement program, say attorneys at Cahill Gordon.

• Changes Coming To The SBIR And STTR Programs

  

  Legislation recently approved by Congress to reauthorize the Small Business Innovation Research and Small Business Technology Transfer Programs includes changes focused on national security that would improve transparency but also increase applicants' administrative burdens, slow the awards process and likely increase litigation, say attorneys at Fluet & Associates.

• What FINRA Enforcement Changes Mean For Investigations

  

  It is essential for in-house counsel and compliance officers to familiarize themselves with the Financial Industry Regulatory Authority's recently announced changes to its enforcement program, which offer both clearer visibility into FINRA's expectations and a valuable opportunity to strengthen regulatory readiness, say attorneys at Eversheds Sutherland.

• Managing New Fair Housing Risks Of AI Leasing Agents

  

  Trusting AI-driven chatbots to manage early communications with potential tenants can expose housing providers to Fair Housing Act violations on a vast scale, but prioritizing supervision of automated interactions, implementing strong vendor governance and tracking emerging testing trends can catch problems early, says Yana Rusovski at Spencer Fane.

• One Idea To Fix The SEC's Risk Factor Disclosure Rules

  

  U.S. Securities and Exchange Commission Chairman Paul Atkins recently invited the industry to suggest ways to reform the current risk factor disclosure framework, and amending Rule 10b-5 is one potential option to consider, say attorneys at A&O Shearman.

• Navigating Venezuelan Oil And Gas Sanctions Rollbacks

  

  The U.S. Department of the Treasury's Office of Foreign Assets Control has issued a series of general licenses representing the broadest easing of Venezuela-related sanctions in years, and creating significant new opportunities — but only for entities prepared to meet the rigorous conditions attached to OFAC's phased sanctions relief, say attorneys at Winston & Strawn.

• 7 Employer Tips For Handling Calif. Privacy Risk Assessments

  

  Recent changes to the California Consumer Privacy Act require certain employers to complete detailed risk assessments before handling workforce data in many routine ways, so employers should assess whether previous risk assessments can be reused or combined, assemble a team, and create a plan of action, among other steps, say attorneys at Littler.

• Breaking Down State Legislative Efforts In Telecom Security

  

  As the federal government has strengthened national security safeguards for the telecommunications ecosystem, states have also asserted a role in telecom security, with variations among these regimes risking regulatory fragmentation and complicating compliance strategies, say attorneys at Hogan Lovells.

• Agentic AI Use May Trigger Existing Consumer Finance Laws

  

  As artificial intelligence agents interact more and more with payment systems, financial institutions should be cognizant of how existing consumer protection laws like the Equal Credit Opportunity Act apply when transactions are executed by automated systems rather than individuals, noting authorization and liability gaps, say attorneys at Sheppard.

• SEC Guidance Further Solidifies Status Of Tokenized Assets

  

  The U.S. Securities and Exchange Commission recently released a statement that tokenized securities are securities governed by traditional securities laws, representing continued regulatory clarity and the development of expanded technical standards and risk management guidelines that can only improve the long-term viability of financial markets, say attorneys at Barnes & Thornburg.

• What's Next For The Advanced Air Mobility Sector

  

  The U.S. Department of Transportation’s recent selection of electric vertical takeoff and landing pilot program participants marks a transition from aspirational policy to accountable implementation, and regulatory strategy should be at the center of business planning across the advanced air mobility ecosystem, say attorneys at Morgan Lewis.

• 5 Tips For Navigating Your Firm's All-Attorney Summit

  Excerpt from Practical Guidance

  

  Law firm retreats should be approached strategically, as they present valuable opportunities to advance both the firm's objectives and attorneys' professional development through meaningful participation, building and strengthening internal relationships, and proactive follow-up, says James Argionis at Cozen O’Connor.

• New NLRB GC Likely To Prioritize Efficiency Over Policy Shifts

  

  After the National Labor Relations Board operated without a quorum for nearly a year, general counsel Crystal Carey's early memoranda reflect a shift away from sweeping policy changes and toward clearing the case backlog, creating an environment that rewards employers' preparation and efficiency over prolonged litigation, says Michael Passarella at Olshan Frome.

• Opinion

  Clarity Act Would Clear Welcome Pathways For Blockchain

  

  The framework proposed under the Senate Banking Committee's version of the Clarity Act creates reasonable compliance obligations and meaningful token-distribution opportunities that would open the door for more U.S.-based blockchain projects, without the heightened risk of securities litigation and regulatory enforcement, says Karen Ubell at Goodwin.

• How Bankrupt Cos. Can Seek Refunds For Illegal Tariffs

  

  In light of the U.S. Supreme Court's recent decision striking down President Donald Trump's International Emergency Economic Powers Act tariffs as illegal, some companies may have strong prospects for recovering refunds from the government, and trustees in bankruptcy may have a significant role to play in seeking such recovery, say attorneys at Stinson.