Expert Analysis

• Funding Haze And Deregulatory Pursuits: The CFPB In 2026

  

  In 2025, the Consumer Financial Protection Bureau did not seek additional funding from the Federal Reserve and unwound the legacy of former bureau leadership, and this year will bring further efforts to rescind or rewrite bureau regulations, as well as a changed tone to supervision efforts, say attorneys at Covington.

• 4 Developments That Defined The 2025 Ethics Landscape

  

  The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.

• Navigating AI In The Legal Industry

  

  As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.

• Opinion

  Judges Carry Onus To Screen Expert Opinions Before Juries

  

  Recent Second Circuit arguments in Acetaminophen Products Liability Litigation implied a low bar for judicial gatekeeping of expert testimony, but under amended Rule 702 of the Federal Rules of Evidence, judges must rigorously scrutinize expert opinions before allowing them to reach juries, says Lee Mickus at Evans Fears.

• Regulatory Rollback And Lingering Limbo: The CFPB In 2025

  

  The Consumer Financial Protection Bureau has implemented significant changes since President Donald Trump took office in January, including dismissing actions with prejudice, withdrawing guidance and rescinding rules, casting the bureau in uncertain light heading into 2026, say attorneys at Mayer Brown.

• 2025 Calif. Banking Oversight Centered On Consumer Issues

  

  The combination of statutory reform, registration mandates and enforcement activity in 2025 signals that California's financial regulatory landscape is focused on consumer protection, particularly in the areas of crypto kiosk fee practices, earned wage access providers and elder fraud, say attorneys at Ropes & Gray.

• A 6th Circ. Snapshot: 3 Cases That Defined 2025

  

  With more than a thousand opinions issued this year, three rulings from the Sixth Circuit stood out for the impact they'll have on the practice of civil procedure, including a net neutrality decision, a class certification standards ruling and an opinion about vulgarity in school, say attorneys at Ice Miller.

• The CFTC's Road Ahead Under Newly Confirmed Chair

  

  Michael Selig's Dec. 18 confirmation as U.S. Commodity Futures Trading Commission chair comes at a critical juncture, as the agency is poised to gain oversight over the crypto industry and increase its jurisdictional mandate covering prediction markets, says Elizabeth Lan Davis at Davis Wright.

• How Fractional GCs Can Manage Risks Of Engagement

  

  As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.

• Changes In Crypto, Cybersecurity Defined NY Banking In 2025

  

  The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.

• Reviewing 2025's Most Pertinent Wiretap Developments

  

  2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.

• 7 Strategies To Optimize Impact Of Direct Examination

  

  Direct examination is a make-or-break opportunity to build a witness’s credibility, so attorneys should adopt a few tactics — from asking so-called trust-fall questions to preemptively addressing weaknesses — to drive impact and retention with the fact-finder, says Allison Rocker at Baker McKenzie.

• Series

  Nature Photography Makes Me A Better Lawyer

  

  Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.

• 2025 Brought A New Paradigm For Federal Banking Regulation

  

  A series of thematic shifts defined banking regulation in 2025, including a fundamental reform of prudential supervision, a strategic easing of capital constraints, steps to streamline merger reviews, and a new framework for fair access and entrants seeking to offer banking services, say attorneys at Simpson Thacher.

• What Defense Teams Must Know About PFAS Testing Methods

  

  Whether testing for per- and polyfluoroalkyl substances produces results meaningful for litigation depends on the validity of the sampling methodology — so effectively defending these claims requires understanding the scientific and legal implications of different PFAS testing protocols, say attorneys at Hollingsworth.