Expert Analysis

• In Hain, Justices Increase Stakes For Jurisdictional Errors

  

  The U.S. Supreme Court's decision in Hain Celestial Group v. Palmquist, addressing the consequences of a district court's erroneous dismissal of a nondiverse party before final judgment, has amplified the risk that a mistaken jurisdictional ruling in district court will render moot everything that comes after, says Steven Boranian at Reed Smith.

• What The CFTC's Event Contracts Amicus Brief Is Missing

  

  The U.S. Commodity Futures Trading Commission's recent amicus brief in the Ninth Circuit's North American Derivatives Exchange v. Nevada case declines to define the boundary between swaps and wagers, leaving market participants, exchanges and intermediaries operating within a regulatory framework whose boundaries remain undrawn, says Tamara de Silva at De Silva Law Offices.

• Trial Advocacy Lessons From 3 Oscar-Nominated Films

  

  Several films up for best picture at this weekend’s Academy Awards provide useful tips for trial lawyers, from the power of a dramatic opening to the importance of pivoting when the unexpected happens, say attorneys at Robins Kaplan.

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  Podcasting Makes Me A Better Lawyer

  

  Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

• Ill. Swipe Fee Ruling Sets Stage For A High-Stakes Appeal

  

  In Illinois Bankers Association v. Raoul, an Illinois federal court upheld the state's ban on credit and debit card swipe fees on tax and tip payments, while permanently enjoining the statute's data usage limitation, but an imminent appeal could significantly influence the trajectory of state-level payments regulation, say attorneys at Latham.

• Lessons From Justices' Split On Major Questions Doctrine

  

  The justices' varied opinions in Learning Resources v. Trump, which held the International Emergency Economy Powers Act did not confer the power to impose tariffs, offer a meaningful window into the U.S. Supreme Court's perspective on the major questions doctrine that will likely shape lower courts' approach to executive action challenges, say attorneys at Venable.

• Drug Wholesaler's DPA Shows Imperfect Efforts Still Count

  

  Atlantic Biologicals’ recent deferred prosecution agreement with federal prosecutors for allegedly distributing controlled substances to pill mill pharmacies demonstrates that even subpar cooperation, when combined with genuine remediation and strategic advocacy, can yield outcomes that protect a company's long-term interests, says Jonathan Porter at Husch Blackwell.

• How The New Tariff Landscape May Unfold

  

  To replace tariffs formerly imposed under the International Emergency Economic Powers Act, the administration will rely on a patchwork of statutes, potentially leading to procedural challenges and a complex tariff landscape with varying levels, durations and applicability, says Joseph Grossman-Trawick at King & Spalding.

• 4th Circ. Navy Federal Decision Illustrates Nuances Of Rule 23

  

  The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union helpfully clarified how class action defendants can use Rule 23(c)(1)(A) to eliminate exposure early, along with the limitations of such an approach, attorneys at Duane Morris.

• Assessing Ruling On SEC Industry Bars In Post-Jarkesy World

  

  According to a D.C. federal court in Sztrom v. U.S. Securities and Exchange Commission, the U.S. Supreme Court's 2024 decision in SEC v. Jarkesy did not eliminate the commission's ability to pursue industry bars through administrative follow-on proceedings, a major blow for future Article 3 challenges — so long as it stands, say attorneys at Venable.

• Character.AI Case Highlights Agentic AI Liability Questions

  

  The recently settled litigation against Character Technologies Inc. provides an early case study for exploring salient legal issues related to agentic artificial intelligence, such as tort liability, strict liability, statutory liability and contractual liability, says Samuel Mitchells at Smith Gambrell.

• Complaint Portal Updates Prove That The CFPB Is Listening

  

  The Consumer Financial Protection Bureau's recent updates to its online complaint portal not only clarify complaint pathways and strengthen identity verification, but also signal that the bureau is more willing to consider industry perspectives on its activities and change course where warranted, say attorneys at Manatt.

• Unique Issues Facing Brand-Compounder Patent Litigation

  

  Recent litigation and potential enforcement action against Hims & Hers Health raise questions about how compounders and branded pharmaceuticals companies would be positioned in patent litigation as compared to generics companies, which would require strategies different from those that would be used in traditional Hatch-Waxman Act litigation, say attorneys at Morgan Lewis.

• How Banks Can Apply FinCEN Beneficial Ownership Relief

  

  A recent Financial Crimes Enforcement Unit order limiting the circumstances under which banks should identify and verify beneficial owners may allow banks to tailor their approach to verification compliance, but only after reviewing customer due diligence policies and evaluating alignment with their risk profiles, say attorneys at Cleary.

• How CFTC Prediction Market Agenda Shifts The Playing Field

  

  Commodity Futures Trading Commission Chairman Michael Selig recently signaled that a more welcoming regulatory landscape for prediction markets like Kalshi and Polymarket is coming soon, but we can expect a hotly contested regulatory and legal environment with important implications for the platforms, state regulators and market participants, say attorneys at Sidley.