Expert Analysis

• Legal And Industry Impacts Of America's Maritime Action Plan

  

  America's Maritime Action Plan, unveiled by the White House last month, introduces changes to trade investigations, a new maritime trust fund and more — adding regulatory and compliance obligations for companies and counsel, but also new avenues for client engagement in project finance, contract negotiation and dispute resolution, say attorneys at Holland & Knight.

• 5 Gov't Contractor Tips Following Anthropic Risk Designation

  

  The Pentagon's designation of Anthropic as a supply chain risk is an unprecedented action that raises significant legal questions, and with government contractors already receiving directives and inquiries concerning their use of Anthropic products and services, there are several strategies contractors can use to manage risk, say attorneys at Mayer Brown.

• 6 Noteworthy Changes From SEC Enforcement Manual Update

  

  Recent updates to the U.S. Securities and Exchange Commission’s enforcement manual represent a commitment to transparency and fair process, with the signature change being a requirement that staff make certain probative evidence available during the Wells process, say attorneys at Debevoise.

• AI Is Changing The Game For Lenders' Vendor Governance

  

  Recent guidance from Freddie Mac and the Treasury Department reinforces that expectations surrounding AI oversight are beginning to shape how mortgage lenders operationalize vendor governance, which is emerging as a critical compliance challenge for the decade ahead, says Alexandra Temple at Mitchell Sandler.

• How Data Centers Can Prep For Legal Challenges Amid War

  

  Amid conflict in the Middle East, data centers may now be exposed to state-level kinetic threats, creating significant legal, regulatory and contractual implications, so operators should update their legal and operational frameworks in order to withstand future disruptions and meet the regulator expectations, say attorneys at Baker Botts.

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  Coaching Soccer Makes Me A Better Lawyer

  

  Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

• How Internal Reporting Could Benefit Antitrust Whistleblowing

  

  As the Justice Department's new antitrust whistleblower program stands to raise questions over the interaction between rewards and corporate leniency, incentivizing internal reporting first could increase the likelihood that the Antitrust Division receives the high-quality evidence needed to successfully prosecute cartel cases, says Daniel Oakes at Axinn.

• What Texas Anti-Boycott Ruling Means For ESG Landscape

  

  A Texas federal court's recent ruling in American Sustainable Business Council v. Hegar that Texas' anti-ESG law is unconstitutional on First Amendment grounds will likely embolden legal challenges to similar laws in other states that have adopted fossil fuel boycott statutes, say attorneys at ArentFox Schiff.

• How To Wield The Clarity Act As A Litigation Defense Tool

  

  The Clarity Act is being discussed as a future compliance statute, but for litigators it can be used as a present-day defense tool to strengthen fair‑notice framing, argue for forward‑looking remedies rather than punitive ones and reprice settlement leverage as statutory clarity approaches, say attorneys at Baker McKenzie.

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  Law School's Missed Lessons: The Human Element

  

  Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

• As Justices Mull Suncor, Cos. Face New Climate Suit Realities

  

  Following the U.S. Supreme Court's recent decision to hear Suncor Energy v. Boulder County — its first case analyzing the litigation impact of the U.S. Environmental Protection Agency's rescission of its 2009 greenhouse gas endangerment finding — companies must consider new preemption questions surrounding climate lawsuits after the rescission, say attorneys at Hollingsworth.

• Employer Strategies For Limiting Data Breach Litigation Risks

  Excerpt from Practical Guidance

  

  Employers must invest in robust cybersecurity and incident response protocols to both prevent data breaches and position themselves favorably in potential litigation, as legal defenses will increasingly rely on demonstrating reasonable security measures, prompt breach notification and transparent response efforts, says Gerald Maatman at Duane Morris.

• 4 Ways To Help CBP Curb Shell Co. Import Schemes

  

  Shifting to a proactive rather than reactive enforcement posture in addressing shell companies set up to skirt tariffs requires equipping U.S. Customs and Border Protection with enhanced investigative authorities, better intelligence support, and mechanisms to identify and hold accountable the ultimate illicit actors, say attorneys at Kelley Drye.

• 7 Steps For Gov't Contractors In Post-IEEPA Tariff Landscape

  

  In response to U.S. Supreme Court's recent decision to strike down tariffs issued by the Trump administration under the International Emergency Economic Powers Act, there are several actions federal contractors should take to preserve their place in any refund waterfall, and to manage audit, overpayment and False Claims Act risk, say attorneys at Holland & Knight.

• How DExit, Mandatory Arbitration Could Alter IPO Outlook

  

  As companies continue to leave Delaware and the U.S. Securities and Exchange Commission begins allowing companies to implement mandatory arbitration provisions, these developments could have a major impact on the initial public offering, securities class action, and directors and officers insurance landscapes, says Walker Newell at Arthur J. Gallagher & Co.