Expert Analysis

• Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

  

  Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

• Compliance Lessons From Warby Parker's HIPAA Fine

  

  The U.S. Department of Health and Human Services' civil money penalty against Warby Parker highlights the emerging challenges that consumer-facing brands encounter when expanding into healthcare-adjacent sectors, with Health Insurance Portability and Accountability Act compliance being a potential focus of regulatory attention, say attorneys at Saul Ewing.

• How Attys Can Use A Therapy Model To Help Triggered Clients

  

  Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

• A Tale Of Two Admins: Parsing 1st Half Of SEC's FY 2025

  

  The first half of the U.S. Securities and Exchange Commission's fiscal year 2025, which ended March 31, was unusually eventful, marked by a flurry of enforcement actions in the last three months of former Chair Gary Gensler's tenure and a prompt pivot after Inauguration Day, say attorneys at Jones Day.

• Rebuttal

  Mass Arbitration Reform Must Focus On Justice

  

  A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.

• Getting Ahead Of The SEC's Continued Focus On Cyber, AI

  

  The U.S. Securities and Exchange Commission is showing it will continue to scrutinize actions involving cybersecurity and artificial intelligence, but there are proactive measures that companies and financial institutions can take to avoid regulatory scrutiny going forward, say attorneys at Morgan Lewis.

• 3 Steps For In-House Counsel To Assess Litigation Claims

  

  Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

• IRS And ICE Info Sharing Could Drive Payroll Tax Enforcement

  

  Tax crimes are historically difficult to prosecute, but the Internal Revenue Services’ recent agreement with U.S. Immigration and Customs Enforcement to share taxpayer records of non-U.S. citizens could be used to enhance payroll tax-related enforcement against their employers, say attorneys at Holland & Knight.

• Series

  Teaching College Students Makes Me A Better Lawyer

  

  Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

• Planning For Open Banking Despite CFPB Uncertainty

  

  Though pending litigation or new Consumer Financial Protection Bureau leadership may reshape the Biden-era regulation governing access to consumer financial data, companies can use this uncertain period to take practical steps toward an open banking strategy that will work regardless of the rule’s ultimate form, says Adam Maarec at McGlinchey Stafford.

• Crunching The Numbers Of Trump SEC's 1st 100 Days

  

  During the first 100 days of the second Trump administration, the U.S. Securities and Exchange Commission brought significantly fewer stand-alone enforcement actions than at the beginning of the Biden and the first Trump administrations, with every one of the federal court complaints including allegations of fraudulent conduct, say attorneys at Dentons.

• Atty Insurance Implications Of Rising Nonclient Cyber Claims

  

  As law firms are increasingly targeted in cyberattacks, claims by clients as well as nonclients against lawyers are also on the rise, increasing the scope of exposure that attorneys face in their practice, say attorneys at Wilson Elser.

• Why Attys Should Get Familiar With Quantum Computing

  

  Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.

• Series

  Adapting To Private Practice: From DOJ Enviro To Mid-Law

  

  Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

• A Look At Probabilistic Tracing After High Court's Slack Ruling

  

  Recent decisions following the U.S. Supreme Court's 2023 ruling in Slack v. Pirani have increased the difficulty of pleading Securities Act claims for securities issued in direct listings by rejecting the use of statistical probabilities to establish that share purchases were traceable to a challenged registration statement, says Jonathan Richman at Brown Rudnick.