Expert Analysis

• Keys To Federal Carbon Compliance In Data Center Siting

  

  Recent statements from the White House and state governors about making data centers pay for their own power infrastructure have underlined the importance of choosing locations, generation technologies and deal structures to optimize carbon, permitting and compliance costs, say attorneys at Davis Graham.

• NY Bill Elevates Criminal Risk For 'Shadow' Crypto Firms

  

  New York's proposed CRYPTO Act would expose unlicensed digital asset operators to criminal penalties ranging from state misdemeanor charges to felony convictions, potentially marking a significant shift in how New York — already among the most aggressive crypto regulators — oversees virtual currency businesses, say attorneys at Crowell & Moring.

• Opinion

  AI Doc Ruling Got Privilege Analysis Wrong

  

  Broad reasoning used by a New York federal judge in U.S. v. Heppner — to determine the criminal defendant's interactions with a generative artificial intelligence platform were not protected — mistakenly treats AI use as dispositive disclosure to a third party and adopts an unduly narrow conception of work product, say attorneys at Lankler Siffert.

• AG Watch: New York's Heightened Enforcement In Real Estate

  

  Over the past several months, New York Attorney General Letitia James has brought a rapid succession of enforcement actions targeting rent stabilization abuse, unsafe housing conditions and fraudulent securities practices, signaling that the office views these problems as systemic issues warranting aggressive intervention, say attorneys at Quinn Emanuel.

• Contract Disputes Recap: Estimates, Value, Gov't Causation

  

  Three recent decisions provide helpful insights about the risk of relying on estimated quantities in blanket purchase agreements, the impact of valuation methodologies and the proof needed to overcome an agency's sovereign acts defense, say attorneys at Seyfarth.

• Stablecoin Yield Reform Raises Stakes For Community Banks

  

  Risks for community banks are heightened by the Clarity and Genius Acts, which establish stablecoin market parameters and may lead to traditional bank fund withdrawals in the long term, but a recent Senate amendment to the former bill could prevent deposit runoff, says Thomas Walker at Jones Walker.

• When Trade Secret Litigation And Criminal Law Collide

  

  An increasing convergence of trade secret litigation and white collar defense, especially with several recent criminal prosecutions from the Justice Department, should prompt businesses and counsel to adapt within the overlapping landscapes, says Kenneth Notter at MoloLamken.

• What To Watch At The 2026 ABA Antitrust Spring Meeting

  

  Attorneys at Freshfields consider the future of antitrust law and competition among developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

• 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.