Expert Analysis

• How SEC Civil Penalties Became Arbitrary: 3 Potential Fixes

  

  Data shows that the U.S. Securities and Exchange Commission's seemingly unlimited authority to levy monetary penalties on market participants has diverged far from the federal securities laws' limitations, but three reforms can help reverse the trend, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.

• Key False Claims Act Trends From The Last Year

  

  The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

• 2026 Int'l Arbitration Trends: Arbitral Seats In Flux

  

  As political and legal landscapes continue to shift across key global jurisdictions, with Mexico and England instituting key judicial and arbitral reforms, respectively, international arbitration parties are becoming increasingly strategic in their selection of arbitral seats, say attorneys at Cleary.

• How Payments Law Landscape Will Evolve In 2026

  

  After a year of change across the payments landscape, financial services providers should expect more innovation and the pushing of regulatory boundaries, but should stay mindful that state regulators and litigation will continue to challenge the status quo, say attorneys at Troutman.

• Opportunities Amid The Challenges Of Trump's BIS Shake-Up

  

  The Trump administration’s continuing overhaul of the Bureau of Industry and Security has created enormous practical challenges for export compliance, but it potentially also offers a once-in-a-generation opening to advocate for simplifying and rationalizing U.S. export controls, say attorneys at Gibson Dunn.

• How SEC Civil Penalties Became Arbitrary: The Data

  

  Data regarding how the U.S. Securities and Exchange Commission has adhered to its own civil penalty rules over the past 20 years reveals that awards are no longer determined in accordance with the guidelines imposed on the SEC by the securities laws, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.

• Series

  Hosting Exchange Students Makes Me A Better Lawyer

  

  Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

• How SEC Civil Penalties Became Arbitrary: The Framework

  

  An examination of how the U.S. Securities and Exchange Commission has recently applied guidelines governing the imposition of monetary penalties in enforcement actions shows that civil penalty awards in many cases are inconsistent with the rules established to structure them, say David Slovick at Kopecky Schumacher and Phil Lieberman at Vanderbilt Law.

• 2026 Int'l Arbitration Trends: M&A And Securities Disputes

  

  Recent developments — such as the high-profile arbitration between ExxonMobil and Chevron, and the U.S. Securities and Exchange Commission's shift on its long-standing opposition to mandatory arbitration clauses in registration statements — highlight key issues to consider when drafting relevant agreements and arbitrating M&A disputes, say attorneys at Cleary.

• How A 1947 Tugboat Ruling May Shape Work Product In AI Era

  

  Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

• 7 Predictions For Cyber Risk And Insurance In 2026

  

  In 2026, cyber risk and insurance will be shaped by developments such as the rapid adoption of artificial intelligence, ongoing privacy litigation and evolving regulatory requirements, as organizations that integrate AI into their operations contend with new vulnerabilities and a legal landscape that demands greater vigilance and adaptability, say attorneys at Wiley.

• 2026 Int'l Arbitration Trends: Tariffs Drive Transformation

  

  In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.

• What's New In ISS' Benchmark Voting Policy Updates For 2026

  

  Companies should audit their governance structures and disclosures to prepare for the upcoming proxy season in light of Institutional Shareholder Services' 2026 policy updates, which include tighter guardrails on capital structures and director compensation, and more disclosure-driven assessments of environmental and social shareholder proposals, say attorneys at Fenwick.

• Navigating Privilege Law Patchwork In Dual-Purpose Comms

  

  Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

• Key Changes In World Bank's New Compliance Updates

  

  Recent updates to integrity guidelines for companies that bid and work on World Bank-financed projects are sufficiently extensive and unique that covered businesses must take proactive steps to map the changes against their existing compliance programs or risk severe business consequences, say attorneys at Steptoe.