Expert Analysis

• Tariffs Could Be Behind Surge In FTZ Production Filings

  

  As tariffs reshape production sourcing decisions, manufacturers are seeking foreign trade zone production authority at more than twice last year's pace, making it important to consider the potential duty and export benefits, along with review delays and restrictions that can curb savings, say attorneys at Sidley.

• White House AI Accord Could Reshape Reasonable Care

  

  President Donald Trump's recent joint commitment on frontier responsibilities — signed by leaders of Google, Anthropic, Meta and more — may pose legal risks for nonsignatories, as businesses using artificial intelligence may find the accord's safeguards cited against them as evidence of what reasonable care requires, says Peter Schildkraut at Arnold & Porter.

• AGs' Paramount Settlement Reflects States' Growing Influence

  

  The recent California federal court approval of the California v. Paramount Skydance settlement illustrates how state attorneys general are gaining new independence and influence, and companies must account for state enforcement when assessing merger risks ahead of a deal's closing, say attorneys at Norton Rose.

• Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

  

  Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.

• Preventing HOA Bias After Wash. Ruling Highlights Risk

  

  Because homeowners nationwide can now draw on precedent from a recent Washington state appellate decision holding that state antidiscrimination law forbids homeowners associations from biased enforcement of their rules, common-interest communities should immediately work to mitigate their expanded exposure to postsale fair housing liability, says Brett Sullivan at Fennemore.

• 2nd Circ. Eases Employer Defense Of Dress Code Rules

  

  The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.

• Series

  A Day In The In-House Life: CHAI GC Talks Balance

  

  On a typical day working in healthcare technology from home, Coalition for Health AI Head of Operations and General Counsel Brenton Hill shares his experience on everything from developing responsible artificial intelligence initiatives to discussing contracting strategies, all while navigating the blurred lines between home and work.

• How Bipartisan Permitting Reform May Boost Green Energy

  

  After years of false starts, Congress may finally be nearing a meaningful overhaul of the federal permitting process — and the proposed legislation could provide renewable energy developers with faster project reviews, more durable permits and greater protections from litigation, says Jon Micah Goeller at Husch Blackwell.

• OCC Plan May Bring Data Sharing Flexibility, Diligence Issues

  

  The Office of the Comptroller of the Currency's recent proposal to overhaul its supervisory information sharing regime for the first time in decades would provide important flexibility to banks, but it could create new issues around confidentiality agreements, disclosure controls and diligence processes, say attorneys at Simpson Thacher.

• Where DOJ's Fraud Directive May Actually Affect Enforcement

  

  The U.S. Department of Justice’s recent directive outlining corporate fraud enforcement priorities is mostly a management document instead of a policy, but one part may actually undermine the directive's goals by leading to worse outcomes for organizational defendants and less corporate self-disclosure, says Zachary Warren at Williams & Connolly.

• 5 Prediction Market Queries For Every League, Athletic Dept.

  

  The NFL's recent amicus brief urging the U.S. Supreme Court to resolve a circuit split over regulating prediction markets and operators like Kalshi raises important, enterprisewide governance questions for leagues, teams and athletic departments, and highlights that regulatory oversight and institutional integrity are related but distinct, say attorneys at Robins Kaplan.

• Challenges On The Horizon For Illinois Data Center Projects

  

  Illinois has more data centers in operation or under construction than all but five other states — but such projects face growing litigation threats and a range of state and local legislative proposals that could hinder further development of these facilities in the Land of Lincoln, say attorneys at Paul Hastings.

• Planning For D&O Exclusions As Risks Mount For Banks

  

  Banks should scrutinize directors and officers exclusions for artificial intelligence, disclosure and cybersecurity risks during policy renewal negotiations to preserve coverage amid the current uptick in insurer scrutiny and related shareholder litigation, say attorneys at Jones Walker.

• Why The SEC Proposed Rescinding Its 'Pay-To-Play' Rule

  

  The U.S. Securities and Exchange Commission's recent proposal to nix its pay-to-play rule governing political contributions by investment advisers follows years of industry advocacy and commissioner criticism that it suppresses political speech and affects hiring, say attorneys at Simpson Thacher.

• Transfer Pricing Analyses May Apply To Tariff Refunds Claims

  

  Both plaintiffs and defendants in consumer class actions over tariff refunds should examine transfer pricing analyses, which can offer contemporaneous evidence as to how much of a tariff was borne in the U.S. by the importer or consumers rather than absorbed earlier in the supply chain, say economists at The Brattle Group.