Expert Analysis

• State AGs May Extend Their Reach To Nat'l Security Concerns

  

  Companies with foreign supply-chain risk exposure need a comprehensive risk-management strategy to address a growing trend in which state attorneys general use broadly written state laws to target conduct that may not violate federal regulations, but arguably constitutes a national security threat, say attorneys at Wiley.

• What To Know As Rulings Limit NLRB's Expanded Remedies

  

  Two recent appellate decisions strongly rebuke the National Labor Relations Board's expansion of remedies beyond reinstatement and back pay under Thryv, which compensated employees for all direct or foreseeable pecuniary harms, signaling increased judicial skepticism toward the board's broadened remedial authority, says Shay Billington at CDF Labor.

• Global Net-Zero Shipping Framework Faces Rough Waters

  

  The decision of the International Maritime Organization's Marine Environment Protection Committee to delay its proposal for reducing greenhouse gas emissions from ships, in the face of strenuous U.S. objections, highlights the importance of proactive engagement with policymakers and strategic planning for different compliance scenarios, say attorneys at Blank Rome.

• 5 Bonus Plan Compliance Issues In Financial Services

  

  As several legal constraints — including a new California debt repayment law taking effect in January — tighten around employment practices in the fiercely competitive financial services sector, the importance of compliant, well-drafted bonus plans has never been greater, say attorneys at Jackson Lewis.

• What To Watch As NY LLC Transparency Act Is Stuck In Limbo

  

  Just about a month before it's set to take effect, the status of the New York LLC Transparency Act remains murky because of a pending amendment and the lack of recent regulatory attention in New York, but business owners should at least prepare for the possibility of having to comply, says Jonathan Wilson at Buchalter.

• 1st Trial After FCPA Pause Offers Clues On DOJ Priorities

  

  After surviving a government review of Foreign Corrupt Practices Act enforcement, the U.S. v. Zaglin case reveals the U.S. Department of Justice still appears willing to prosecute individuals for conduct broadly consistent with classic priorities, despite the agency's new emphasis on foreign policy priorities, say attorneys at Debevoise.

• Opinion

  Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar

  

  Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.

• Key Strategies For Supplement Cos. Facing Lead Risks

  

  In the wake of a recent Consumer Reports article detailing dangerously high levels of lead in many popular protein powders, supplement companies face increased litigation, rising enforcement risks and reputational harm — underscoring the need to monitor supply chains, test ingredients and understand labeling standards, say attorneys at Husch Blackwell.

• How AI Tech Suppliers Can Address IP Lawyers' Concerns

  

  While artificial intelligence tools can help intellectual property lawyers be more productive and effective, AI tech providers must address issues of privilege, data privacy and confidentiality to make their technology viable and useful for IP law, say Tom Colson at Colson Law and Kevin Bronson at Simpson & Simpson.

• From Bank Loans To Private Credit: Tips For Making The Shift

  

  The relationship between private credit and syndicated bank deals will evolve as the private market continues to grow, introducing new challenges for borrowers comparing financing options, particularly pertaining to loan documentation and working capital, say attorneys at Haynes Boone.

• 3 Takeaways From FDA Cell And Gene Therapy Draft Guidance

  

  The U.S. Food and Drug Administration recently published draft guidance documents that sketch the clearest picture yet of the evolving regulatory framework for cell and gene therapies, reflecting an agency that is increasingly comfortable with flexible, science-driven approaches that extend beyond clinical trial models, say attorneys at MoFo.

• Wells Process Reforms Serve SEC Chair's Transparency Goals

  

  Enforcement policy changes U.S. Securities and Exchange Commission Chairman Paul Atkins recently set forth will help fulfill his stated goal of making Division of Enforcement investigations more fair and transparent by changing the Wells process to provide recipients earlier consultations with SEC staff, greater evidence access and more time to file responses, say attorneys at Dechert.

• The Ins And Outs Of Decentralized Digital Asset Exchanges

  

  As decentralized digital asset exchanges lack intermediaries, and so remain susceptible to fraud and market manipulation, ​​​​​​​an understanding of their design is crucial to help market participants avoid fraudulent practices such as liquidity rug pulls, says Swati Kanoria at Charles River.

• Contradictory Rulings Show Complexity Of Swaps Regulation

  

  Recent divergent rulings, including two by the same Nevada judge, on whether the Commodity Exchange Act preempts state gambling laws when applied to event contracts traded on U.S. Commodity Futures Trading Commission-regulated markets illustrate the uncertainty regarding the legality of prediction markets, say attorneys at Akin.

• How New Law Transforms Large-Load Power Projects In Texas

  

  S.B. 6 — the new Texas law that revises state regulations for large electrical loads and related behind-the-meter projects — introduces higher up-front costs for developers and more flexible operating models for large-load customers, but should provide the certainty needed for greater investment in generation, say attorneys at Sidley.