Expert Analysis

• Seven County Ruling Should Trim Agency Enviro Analysis

  

  The U.S. Supreme Court's ruling in Seven County Infrastructure Coalition v. Eagle County provides needed clarity for infrastructure projects by expressly directing agencies to narrow environmental reviews, and reducing the threat of litigation if even tangential issues are not exhaustively evaluated, say attorneys at Dentons.

• Digital Equity Act Grant Terminations Raise Key Legal Issues

  

  The Trump administration's move to cancel grant programs created under the Digital Equity Act yields key legal and policy questions facing the executive branch, Congress and the courts, including how the administration plans to implement the cancellation of the Digital Equity Act's appropriations in the first place, say attorneys at Akin.

• GAO Report Reveals How Banks And Regulators Are Using AI

  

  A U.S. Government Accountability Office report published last month makes clear that while both federal regulators and regulated entities like banks and credit unions are employing artificial intelligence to improve efficiency, they're maintaining some skepticism, say attorneys at Orrick.

• Robinson-Patman Enforcement May Fizzle Out After PepsiCo

  

  After securing an early Robinson-Patman Act victory against the largest wine and spirits distributor in the U.S., the Federal Trade commission's voluntary dismissal of its own enforcement action against PepsiCo throws into doubt the future of the federal statute that prohibits price discrimination and other anticompetitive practices, say attorneys at V&E.

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  Running Marathons Makes Me A Better Lawyer

  

  After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

• High Court Ruling Bucks Trend Of Narrowing Fraud Theories

  

  The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to establish prosecutors’ fraudulent inducement theory of fraud, is at odds with its decadeslong narrowing of federal fraud statutes’ reach, and may lead to convictions for a wide variety of contractual misrepresentations, say attorneys at Keker Van Nest.

• 3 Takeaways From Recent Cyberattacks On Healthcare Cos.

  

  For the healthcare industry, the upward trend in styles of cyberattacks, costs, and entities targeted highlights the critical importance of proactive planning to help withstand the operational, legal and reputational turmoil that can follow a data breach, say attorneys at Troutman Pepper.

• Calif. Air Board Offers Early Hints On Climate Reporting

  

  As initial reporting deadlines for California's new climate reporting laws approach, guidance provided by the California Air Resources Board in a virtual public workshop sheds some light on rulemaking to come, and how to prepare for compliance during this period of uncertainty, say attorneys at Simpson Thacher.

• Parsing The SEC's No-Action Letter On Rule 192 Compliance

  

  Brandon Figg at Morgan Lewis discusses the U.S. Securities and Exchange Commission's recent no-action letter, which greenlights information barriers as an alternative approach to Rule 192 compliance and includes likely relief for existing policies and procedures.

• 5 Ways In-House Counsel Can Stay Ahead Of New HSR Rules

  

  Now that the Trump administration’s new Hart-Scott-Rodino Act rules have been in effect for several months, in-house counsel should consider several practice pointers that can help spearhead management of M&A-related antitrust risk, say attorneys at Squire Patton.

• High Court Order On Board Firings Is Cold Comfort For Fed

  

  The U.S. Supreme Court’s recent Trump v. Wilcox order, upholding the firings of two independent agency board members during appeal, raises concerns about the future of removal protections for Federal Reserve System members, and thus the broader politicization of U.S. monetary policy, say attorneys at Squire Patton.

• DOJ Policy Shifts May Resurrect De Facto 'China Initiative'

  

  The U.S. Department of Justice's recently unveiled white collar enforcement strategy seemingly marks a return to a now-defunct 2018 policy aimed at combating national security concerns with China, and likely foretells aggressive scrutiny of trade and customs fraud, sanctions evasion, and money laundering, say attorneys at BakerHostetler.

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  Law School's Missed Lessons: Supporting A Trial Team

  

  While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

• A Look At Employer Wins In Title VII Suits Over DEI Training

  

  Despite increased attacks on diversity, equity and inclusion initiatives, courts across the country have favored employers in cases opposing diversity training, challenging the idea that all workplace inclusion efforts violate the law and highlighting the importance of employers precisely recognizing the legal guardrails, say attorneys at Perkins Coie.

• CFPB Industry Impact Uncertain Amid Priority Shift, Staff Cuts

  

  A recent enforcement memo outlines how the Consumer Financial Protection Bureau's regulatory agenda diverges from that of the previous administration, but, given the bureau's planned reduction in force, it is uncertain whether the agency will be able to enforce these new priorities, say attorneys at Troutman Pepper.