Expert Analysis

• Definitions Of 'Waters Of The United States' Ebb And Flow

  

  The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.

• Trump Tax Law's Most Impactful Energy Changes

  

  The One Big Beautiful Bill Act's deferral of begin-construction deadlines and the phaseout of certain energy tax credits will provide emerging technologies with welcome breathing room, though other changes, like the increased credit rate for sustainable aviation fuel, create challenges for developers, say attorneys at Weil.

• How Sustainability Reporting Changed In The 1st Half Of 2025

  

  Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.

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  Adapting To Private Practice: From Texas AUSA To BigLaw

  

  As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

• Advice For 1st-Gen Lawyers Entering The Legal Profession

  

  Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

• FTC Focus: When Green Goals And Antitrust Law Collide

  

  A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.

• Calif. Board's Financial-Grade Climate Standards Raise Stakes

  

  After the California Air Resources Board's recent workshop, it is clear that the state's climate disclosure laws will be enforced with standards comparable to financial reporting — so companies should act now to implement assurance-grade systems, formalize governance responsibilities and coordinate reporting across their organizations, says Thierry Montoya at Frost Brown.

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  Coaching Cheerleading Makes Me A Better Lawyer

  

  At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

• How To Address Tariff-Related Risks In Commercial Contracts

  

  Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.

• UK's 1st ICSID Claim Shows Bilateral Investment Treaty Reach

  

  For the first time, the U.K. is facing a claim under the International Centre for Settlement of Investment Disputes Convention, underscoring the broader reality that treaty protections are no longer confined to investors in emerging markets, says Philipp Kurek at Signature Litigation.

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  Law School's Missed Lessons: How To Make A Deal

  

  Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

• Trump Tax Law's Most Impactful Corp. And Individual Changes

  

  The One Big Beautiful Bill Act built on and reshaped elements of the Tax Cuts and Jobs Act, including business interest deductions, bonus depreciation and personal income relief, delivering substantial changes to both corporate and individual tax policy, say attorneys at Weil.

• From Clerkship To Law Firm: 5 Transition Tips For Associates

  Excerpt from Practical Guidance

  

  Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

• Trump Tax Law's Most Consequential International Changes

  

  The international tax provisions in the One Big Beautiful Bill Act may result in higher effective tax rates for some multinational corporations, but others, particularly those operating in low-tax jurisdictions, may benefit from alignment with global anti-profit shifting efforts, say attorneys at Weil.

• Associates Can Earn Credibility By Investing In Relationships

  

  As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.