Expert Analysis

• CFIUS Initiative May Smooth Way For Some Foreign Investors

  

  A new program that will allow certain foreign investors to be prevetted and admitted to fast-track approval by the Committee on Foreign Investment in the United States will likely have tangible benefits for investors participating in competitive M&A, say attorneys at Simpson Thacher.

• How Cos. Can Prepare For Calif. Recycling Label Challenges

  California's S.B. 343 turns recycling labels from marketing shorthand into regulated claims that must stand up to scrutiny with proof, so companies must plan for the Oct. 4 compliance deadline by identifying every recyclability cue, deciding which ones they can support, and building the record that defends those decisions, says Thierry Montoya at FBT Gibbons.

• Strategies For Effective Class Action Email Notice Campaigns

  

  Recent cases provide useful guidance on navigating the complexities of sending email notices to potential class action claimants, including drafting notices clearly and effectively, surmounting compliance and timing challenges, and tracking deliverability, says Stephanie Fiereck at Epiq.

• How Lenders Can Be Ready For Disparate Impact Variabilities

  

  Amid state attorneys general's and regulators' mixed messaging around disparate impact liability, financial institutions can take several steps to minimize risk, including ensuring compliance management aligns with current law and avoiding decisions that impede growth in business and service, says Elena Babinecz at Baker Donelson.

• Ariz. Uber Verdict Has Implications Beyond Ride-Hailing Cos.

  

  When an Arizona federal jury in Jaylyn Dean v. Uber Technologies recently ordered Uber to pay $8.5 million to a woman who said she was sexually assaulted by her driver, their most important finding — that the driver was Uber's agent — could have huge consequences for future litigation involving platform-based businesses, says Michael Epstein at The Epstein Law Firm.

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  Judges On AI: Practical Use Cases In Chambers

  

  U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.

• Notable Q4 Updates In Insurance Class Actions

  

  Last quarter featured a novel class action theory about car rental reimbursement coverage, another win for insurers in total loss valuations, a potentially broad-reaching Idaho Supreme Court ruling about illusory underinsured motorist coverage, and homeowners blaming rising premiums on the fossil fuel industry, says Kevin Zimmerman at BakerHostetler.

• A Closer Look At California Financial Regulator's 2026 Agenda

  

  California Department of Financial Protection and Innovation Commissioner KC Mohseni in recent remarks demonstrated the regulator's growing importance amid the Consumer Financial Protection Bureau's retreat by debuting expansive goals for 2026, including finalizing rulemaking for the state's digital asset law and expanding enforcement authority around consumer complaints, says John Kimble at Hinshaw.

• California's New Privacy Laws Demand Preparation From Cos.

  

  An increase in breach disclosures is coinciding with California's most comprehensive privacy and artificial intelligence legislation taking effect, illustrating the range of vulnerabilities organizations in the state face and highlighting that the key to successfully managing these requirements is investing in capabilities before they became urgent, says Camilo Artiga-Purcell at Kiteworks.

• Class Actions At The Circuit Courts: February Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from November and December, and identifies practice tips from cases involving the Missouri Merchandising Practices Act and Missouri unjust enrichment claims, the Illinois Biometric Information Privacy Act, the Class Action Fairness Act, and the Telephone Consumer Protection Act.

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  Trail Running Makes Me A Better Lawyer

  

  Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.

• What Rescheduling Means For Cannabis Labels, Marketing

  

  The proposed reclassification of cannabis is expected to bring heightened scrutiny of labeling, advertising and marketing from the U.S. Food and Drug Administration and the Federal Trade Commission, but the brands that tighten evidence, standardize operations and professionalize marketing controls now will see fewer surprises and better outcomes, say attorneys at Wilson Elser.

• What Applicants Can Expect From Calif. Crypto License Law

  

  With the July effective date for California's Digital Financial Assets Law fast approaching, now is a critical time for companies to prepare for licensure, application and coverage compliance ahead of this significant regulatory milestone that will reshape how digital asset businesses operate in California, say attorneys at MoFo.

• Malpractice Claim Assignability Continues To Divide Courts

  

  Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

• What Clarity Act Delay Reveals About US Crypto Regulation

  

  The Senate Banking Committee's decision to delay markup of the Clarity Act, which would establish a comprehensive federal framework for digital assets, illuminates the political and structural obstacles that shape U.S. crypto regulation, despite years of bipartisan calls for regulatory clarity, says David Zaslowsky at Baker McKenzie.