Expert Analysis

• Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion

  

  The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.

• Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?

  

  New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.

• Perspectives

  Accountant-Owned Law Firms Could Blur Ethical Lines

  

  KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

• Foreign Trade Zones Can Help Cos. With Tariff Exposure

  

  Companies navigating shifts in global trade — like the Trump administration’s newly levied tariffs on Chinese goods — should consider whether the U.S. Department of Commerce's poorly understood foreign trade zone program could help reduce their import costs, says James Grogan at FTI Consulting.

• How FTC Consumer Protection May Fare Under Reg Freeze

  

  Attorneys at Crowell & Moring consider how President Donald Trump's executive order directing agencies to freeze all pending rulemaking activity may frustrate any Federal Trade Commission efforts to change or eliminate rules that made it across the finish line before the inauguration.

• Critical Steps For Navigating Intensified OFAC Enforcement

  

  The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.

• Expect Scrutiny Of Banks To Persist, Even Under Trump

  

  Although the change in administrations brings some measure of uncertainty as to the nature of bank compliance oversight, if regulators in Washington, D.C., attempt to dilute the vigilance of federal superintendence, the states are waiting in the wings to fill the void, say attorneys at Polsinelli.

• The Post-Macquarie Securities Fraud-By-Omission Landscape

  

  While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.

• AI Will Soon Transform The E-Discovery Industrial Complex

  

  Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

• Unpacking The Legal Foundation Of Trump's New Trade War

  

  President Donald Trump's recent executive orders and proclamations regarding emergencies at the U.S. border are based on statutory powers enabling a president to address extraordinary external threats — and could be used to fend off legal challenges to the tariffs levied on Mexican and Canadian goods, says Chris Zona at Mandelbaum Barrett.

• When Innovation Overwhelms The Rule Of Law

  

  In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

• FTC Focus: Avoiding 'Gun Jumping' Violations

  

  The Federal Trade Commission's recent record $5.6 million "gun jumping" enforcement action against XCL Resources, EP Energy and Verdun Oil sends a clear message about the seriousness of violations of the Hart-Scott-Rodino Act's premerger requirements, and highlights compliance tips such as avoiding premature integration of operations, say attorneys at Proskauer.

• What Compensation Committees Must Keep In Mind In 2025

  

  New disclosure obligations, an evolving discussion on the analysis of executive perks and updated proxy adviser policies — on top of a new presidential administration — are all important things compensation committees must pay close attention to in 2025, say attorneys at Simpson Thacher.

• The Future Of ALJs At NLRB And DOL Post-Jarkesy

  

  In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.

• Engaging With Feds On Threats To Executives, Employees

  

  In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.