Expert Analysis

• 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.

• Why 2026 Could Be A Bright Year For US Solar

  

  2025 was a record-setting year for utility-scale solar power deployment in the U.S., a trend that shows no signs of abating, so the question for 2026 is whether permitting, interconnection, and state and federal policies will allow the industry to grow fast enough to meet demand, say attorneys at Beveridge & Diamond.

• 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.

• Drilling Down Into The Uncertain Future Of Venezuelan Energy

  

  Several key issues will inform whether, when and how U.S. businesses enter, reenter or expand operations in Venezuela — including sanctions relief, economic incentives, resolution of past expropriations, questions about the country's political outlook, and broader trends and conditions in the global energy market, say attorneys at Holland & Knight.

• Decoding Arbitral Disputes: EU Law And Treaty Arbitration

  

  A recent Singapore court ruling in DNZ v. DOA upholding an arbitration award against Poland constitutes a significant affirmation of the autonomy of international arbitration from regional constitutional orders when disputes are adjudicated outside those orders, says Josep Galvez of 4-5 Gray's Inn.

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  Fly-Fishing Makes Me A Better Lawyer

  

  Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.

• Aligning With EPA's 'Compliance First' Enforcement Policy

  

  To take advantage of the U.S. Environmental Protection Agency's new "compliance first" policy, companies will need to maintain up-to-date compliance programs, implement self-audits and find-and-fix protocols, and lean more into open communication with regulators, say attorneys at Crowell & Moring.

• 4 Ways GCs Can Manage Growing Service Of Process Volume

  

  As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.

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  The Law Firm Merger Diaries: Forming Measurable Ties

  

  Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.

• Wrangling Over 'Good Faith' In Texas Commodity Contracts

  

  As winter storm season brings fluctuating natural gas prices and ensuing price disputes, parties to gas and other commodity contracts face a question with few answers in Texas case law: how much buyers or sellers can reduce contractual requirements or outputs on a good faith basis, say attorneys at Jackson Walker.

• OFAC Sanctions Will Intensify Amid Global Tensions In 2026

  

  The Office of Foreign Assets Control will ramp up its targeting of companies in the private equity, venture capital, real estate and legal markets in 2026, in keeping with the aggressive foreign policy approach embraced by the Trump administration in 2025, say attorneys at Holland & Knight.

• 5 E-Discovery Predictions For 2026 And Beyond

  

  2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.

• 2026 Enforcement Trends To Expect In Maritime And Int'l Trade

  

  The maritime and international trade community should expect U.S. federal enforcement to ramp up in 2026, particularly via Office of Foreign Asset Control shipping sanctions, accelerating interagency investigations of trade fraud, and U.S. Coast Guard narcotics and pollution inspections, say attorneys at Holland & Knight.

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  Judges On AI: How Courts Can Boost Access To Justice

  

  Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.