Expert Analysis

• Series

  The Biz Court Digest: Welcome To Miami

  

  After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

• Recent Proposals May Spell Supervision Overhaul For Banks

  

  A slew of rules recently proposed by the federal banking agencies with approaching comment deadlines would rewrite supervision standards to be further tailored to banks' size and activities, while prioritizing financial risks over process, documentation and other nonfinancial risks, say attorneys at Davis Wright.

• AI Evidence Rule Tweaks Encourage Judicial Guardrails

  

  Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

• Where Things Stand At The CFPB As Funding Dries Up

  

  The Consumer Financial Protection Bureau is on pace to run out of funding in the new year, threatening current and future rulemaking efforts, but a rapid series of recent actions still carries significant implications for regulated entities and warrants careful monitoring in the remaining weeks of the year, say attorneys at Brownstein Hyatt.

• Terrorist Label For Maduro Poses New Risks For US Firms

  

  The State Department's recent designation of President Nicolás Maduro, and other Venezuelan government and military officials, as members of a foreign terrorist organization drastically increases the level of caution companies must exercise when doing business in the region to mitigate potential civil, criminal and regulatory risk, say attorneys at Freshfields.

• Series

  The Law Firm Merger Diaries: Getting The Message Across

  

  Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

• How Bank-Fintech Partnerships Changed In 2025

  

  The 2025 transition to the Trump administration, augmented by the reversal of Chevron deference in 2024, has resulted in unprecedented shifts, and bank-fintech partnerships are no exception, with key changes affecting a number of areas including charters, regulatory oversight and anti-money laundering, say attorneys at K&L Gates.

• Opinion

  Horizontal Stare Decisis Should Not Be Casually Discarded

  

  Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

• 10 Commandments For Agentic AI Tools In The Legal Industry

  

  Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.

• Series

  Preaching Makes Me A Better Lawyer

  

  Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.

• And Now A Word From The Panel: A New Rule For MDLs

  

  With a new federal rule of civil procedure dedicated to multidistrict litigation practice taking effect this month, MDL watchers will be keeping on eye on whether the rule effectively serves its purpose of ensuring that only supportable claims proceed in MDLs, says Alan Rothman at Sidley.

• Minn. Financial Abuse Law Should Prompt Operational Review

  

  A new Minnesota law targeting the financial exploitation of vulnerable adults with an order-for-protection mechanism will affect multiple functions across banking organizations, and in the time remaining in 2025, banks should take action to update any needed workflow and documentation protocols, say attorneys at Winthrop & Weinstine.

• SEC Penalties Trended Down In FY 2025, Offering 2026 Clues

  

  The U.S. Securities and Exchange Commission's settled corporate penalties in fiscal year 2025 show a clear dividing line, as the largest penalties all came before Inauguration Day, a trend that may continue as the types of cases that lead to the biggest penalties seem to be no longer favored by the commissioners, say attorneys at Dentons.

• Series

  Law School's Missed Lessons: Practicing Client-Led Litigation

  

  New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.

• A Primer On NYDFS' 3rd-Party Cybersecurity Guidance

  

  The New York Department of Financial Services' recently released comprehensive guidance for registrants on managing cybersecurity risks associated with third-party service providers illustrates why proactive engagement by senior leadership, robust due diligence, strong contractual protections and ongoing oversight are essential to mitigating growing risks, say attorneys at McGuireWoods.