Expert Analysis

• Nippon Case Illustrates Challenges Of Proving Antitrust Injury

  

  A recent California federal court decision dismissing challenges to Nippon Steel's purchase of U.S. Steel underscores the longtime antitrust precedent that while the limitations of injury are critical for defendants sued under U.S. antitrust laws, showing that the harm is real is the key, says Cameron Regnery at Freeman Mathis.

• What 2nd Circ. Discovery Stay Means For Sovereign Litigation

  

  The Second Circuit’s recent stay of a postjudgment discovery order against Argentine officials in an oil investment dispute is worth examining in its full doctrinal and practical context, as limiting enforcement efforts that pry into foreign governments' internal workings could quietly reshape the trajectory of sovereign litigation in the U.S., says Josep Galvez at 4-5 Gray's Inn.

• How Iran War Might Reshape Proxy Contests This Year

  

  The Iran war may function as a short-term poison pill for proxy contests, not because it strengthens corporate defenses, but because it increases the risks associated with activist commitments, say attorneys at Sidley.

• Navigating Venezuelan Oil And Gas Sanctions Rollbacks

  

  The U.S. Department of the Treasury's Office of Foreign Assets Control has issued a series of general licenses representing the broadest easing of Venezuela-related sanctions in years, and creating significant new opportunities — but only for entities prepared to meet the rigorous conditions attached to OFAC's phased sanctions relief, say attorneys at Winston & Strawn.

• 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.

• Duke Energy Settlement Raises Key Antitrust Questions

  

  The recent federal court settlement in Duke Energy v. NTE Carolinas II comes in the wake of the U.S. Supreme Court's failure to address a Fourth Circuit decision in the matter, calling into question the core purpose and effect of antitrust laws, say attorneys at Clifford Chance.

• 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.

• 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.

• As Justices Mull Suncor, Cos. Face New Climate Suit Realities

  

  Following the U.S. Supreme Court's recent decision to hear Suncor Energy v. Boulder County — its first case analyzing the litigation impact of the U.S. Environmental Protection Agency's rescission of its 2009 greenhouse gas endangerment finding — companies must consider new preemption questions surrounding climate lawsuits after the rescission, say attorneys at Hollingsworth.

• 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.

• The Benefits Of Choosing A Niche Practice In The AI Age

  

  As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

• Risk Disclosure Lessons For AI Cos. From Dot-Com Era

  

  Regulatory responses following the dot-com collapse reflected a consistent emphasis on whether public disclosures enabled investors to understand the economic reality underlying reported performance, a focus that is likely to shape how artificial intelligence infrastructure disclosures are evaluated if market expectations similarly deteriorate, say Diana Connor, Adrienna Huffman and Bin Zhou at the Brattle Group.

• Section 122 Tariffs Show Shift In Strategy, Not Trade Policy

  

  By imposing temporary tariffs under Section 122 of the Trade Act as a stopgap measure while it pivots to less transitory statutory authorities, the Trump administration sent a clear message that the U.S. Supreme Court’s decision in Learning Resources v. Trump, invalidating duties imposed under the International Emergency Economic Powers Act, will not precipitate a change in policy direction, say attorneys at Snell & Wilmer.