Expert Analysis

• 8 Tariff Refund Questions For Restructuring Professionals

  

  For restructuring and turnaround professionals, seeking refunds following the U.S. Supreme Court's recent decision invalidating tariffs imposed under the International Emergency Economic Powers Act raises several questions about how to capture legitimate recoveries while protecting an enterprise from the consequences of its own history, says Jonny Frank and Laura Greenman at StoneTurn, and Andrew Popescu at Province.

• Grammarly Suit Flags Right Of Publicity As Key AI Issue

  

  Angwin v. Superhuman Platform, filed recently in New York federal court against the parent company of Grammarly, highlights an overlooked question for any company using artificial intelligence — whether someone's identity has been used for commercial purposes without consent, possibly violating rapidly shifting state right-of-publicity laws, says Nicholas Schneider at Eckert Seamans.

• Series

  Watching Hallmark Movies Makes Me A Better Lawyer

  

  I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

• Reel Justice: 'Mercy' And Private Surveillance As Evidence

  

  The near-future depicted in the film “Mercy” reminds attorneys that private surveillance networks are becoming central to the evidentiary ecosystem, shaping what prosecutors can obtain, what defendants must explain and what jurors may interpret as objective truth, says Veronica Finkelstein at Wilmington University.

• AG Watch: New York's Heightened Enforcement In Real Estate

  

  Over the past several months, New York Attorney General Letitia James has brought a rapid succession of enforcement actions targeting rent stabilization abuse, unsafe housing conditions and fraudulent securities practices, signaling that the office views these problems as systemic issues warranting aggressive intervention, say attorneys at Quinn Emanuel.

• Nippon Case Illustrates Challenges Of Proving Antitrust Injury

  

  A recent California federal court decision dismissing challenges to Nippon Steel's purchase of U.S. Steel underscores the longtime antitrust precedent that while the limitations of injury are critical for defendants sued under U.S. antitrust laws, showing that the harm is real is the key, says Cameron Regnery at Freeman Mathis.

• Stablecoin Yield Reform Raises Stakes For Community Banks

  

  Risks for community banks are heightened by the Clarity and Genius Acts, which establish stablecoin market parameters and may lead to traditional bank fund withdrawals in the long term, but a recent Senate amendment to the former bill could prevent deposit runoff, says Thomas Walker at Jones Walker.

• Witness AI Usage Is The Next Privilege Battle In Civil Litigation

  

  Fact and expert witnesses now have immediate access to artificial intelligence systems capable of simulating deposition questioning, recommending answers and more, but this preparation occurs privately, invisibly and frequently under the mistaken assumption that it is harmless, says Bill Kanasky at Courtroom Sciences and Billy Davis at Taylor Nelson.

• How 2 Decisions Reframed Witness-Centered Trials

  

  The recent Maryland federal jury verdict in U.S. v. Goldstein and the U.S. Supreme Court decision in Villarreal v. Texas suggest that the traditional paradigm of American civil trial practice, with its emphasis on witness performance and assertive advocacy, may not reflect the ideal approach for the modern courtroom, says Joshua Robbins at Crowell & Moring.

• Agentic AI Use May Trigger Existing Consumer Finance Laws

  

  As artificial intelligence agents interact more and more with payment systems, financial institutions should be cognizant of how existing consumer protection laws like the Equal Credit Opportunity Act apply when transactions are executed by automated systems rather than individuals, noting authorization and liability gaps, say attorneys at Sheppard.

• 3 Policy Lines To Revisit After Justices Nix Emergency Tariffs

  

  The U.S. Supreme Court's invalidation of President Donald Trump's emergency-based tariffs could expose businesses to allegations of misrepresenting tariff effects and raise the prospect of consumer actions seeking refunds — underscoring the need for policyholders to potentially reposition their insurance portfolios, say attorneys at Reed Smith.

• 5 Tips For Navigating Your Firm's All-Attorney Summit

  Excerpt from Practical Guidance

  

  Law firm retreats should be approached strategically, as they present valuable opportunities to advance both the firm's objectives and attorneys' professional development through meaningful participation, building and strengthening internal relationships, and proactive follow-up, says James Argionis at Cozen O’Connor.

• Duke Energy Settlement Raises Key Antitrust Questions

  

  The recent federal court settlement in Duke Energy v. NTE Carolinas II comes in the wake of the U.S. Supreme Court's failure to address a Fourth Circuit decision in the matter, calling into question the core purpose and effect of antitrust laws, say attorneys at Clifford Chance.

• AI Is Changing The Game For Lenders' Vendor Governance

  

  Recent guidance from Freddie Mac and the Treasury Department reinforces that expectations surrounding AI oversight are beginning to shape how mortgage lenders operationalize vendor governance, which is emerging as a critical compliance challenge for the decade ahead, says Alexandra Temple at Mitchell Sandler.

• Meta Coverage Ruling Could Erode Broad Duty To Defend

  

  A Delaware court recently decided that Meta's insurers need not defend the company from lawsuits alleging addictive platform design — a troubling decision for policyholders that, if upheld, warns that insureds' business decisions can be weaponized to deny a duty to defend, say attorneys at Anderson Kill.