Expert Analysis

• When Trade Secret Litigation And Criminal Law Collide

  

  An increasing convergence of trade secret litigation and white collar defense, especially with several recent criminal prosecutions from the Justice Department, should prompt businesses and counsel to adapt within the overlapping landscapes, says Kenneth Notter at MoloLamken.

• How DOJ's New Corporate Crime Policy Will Work In Practice

  

  The upshot of the Justice Department's new corporate crimes enforcement framework is uniformity for self-reporting companies, but there is uncertainty around how it will be applied in interaction with the Southern District of New York's more lenient, yet unpredictable, financial crimes enforcement program, say attorneys at Cahill Gordon.

• One Idea To Fix The SEC's Risk Factor Disclosure Rules

  

  U.S. Securities and Exchange Commission Chairman Paul Atkins recently invited the industry to suggest ways to reform the current risk factor disclosure framework, and amending Rule 10b-5 is one potential option to consider, say attorneys at A&O Shearman.

• 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.

• CFTC's No-Action Relief Fuels Energy Market Competition

  

  The U.S. Commodity Futures Trading Commission recently launched a pilot program aimed at expanding access to energy markets, reflecting a shift toward supporting robust derivatives markets that balance regulatory safeguards with the needs of commodity end users, say attorneys at Moore & Van Allen.

• How Bankrupt Cos. Can Seek Refunds For Illegal Tariffs

  

  In light of the U.S. Supreme Court's recent decision striking down President Donald Trump's International Emergency Economic Powers Act tariffs as illegal, some companies may have strong prospects for recovering refunds from the government, and trustees in bankruptcy may have a significant role to play in seeking such recovery, say attorneys at Stinson.

• 5 Gov't Contractor Tips Following Anthropic Risk Designation

  

  The Pentagon's designation of Anthropic as a supply chain risk is an unprecedented action that raises significant legal questions, and with government contractors already receiving directives and inquiries concerning their use of Anthropic products and services, there are several strategies contractors can use to manage risk, say attorneys at Mayer Brown.

• 6 Noteworthy Changes From SEC Enforcement Manual Update

  

  Recent updates to the U.S. Securities and Exchange Commission’s enforcement manual represent a commitment to transparency and fair process, with the signature change being a requirement that staff make certain probative evidence available during the Wells process, say attorneys at Debevoise.

• Series

  Coaching Soccer Makes Me A Better Lawyer

  

  Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

• How Internal Reporting Could Benefit Antitrust Whistleblowing

  

  As the Justice Department's new antitrust whistleblower program stands to raise questions over the interaction between rewards and corporate leniency, incentivizing internal reporting first could increase the likelihood that the Antitrust Division receives the high-quality evidence needed to successfully prosecute cartel cases, says Daniel Oakes at Axinn.

• What Texas Anti-Boycott Ruling Means For ESG Landscape

  

  A Texas federal court's recent ruling in American Sustainable Business Council v. Hegar that Texas' anti-ESG law is unconstitutional on First Amendment grounds will likely embolden legal challenges to similar laws in other states that have adopted fossil fuel boycott statutes, say attorneys at ArentFox Schiff.

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  Law School's Missed Lessons: The Human Element

  

  Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

• 4 Ways To Help CBP Curb Shell Co. Import Schemes

  

  Shifting to a proactive rather than reactive enforcement posture in addressing shell companies set up to skirt tariffs requires equipping U.S. Customs and Border Protection with enhanced investigative authorities, better intelligence support, and mechanisms to identify and hold accountable the ultimate illicit actors, say attorneys at Kelley Drye.

• How DExit, Mandatory Arbitration Could Alter IPO Outlook

  

  As companies continue to leave Delaware and the U.S. Securities and Exchange Commission begins allowing companies to implement mandatory arbitration provisions, these developments could have a major impact on the initial public offering, securities class action, and directors and officers insurance landscapes, says Walker Newell at Arthur J. Gallagher & Co.