Expert Analysis

• Key Takeaways From The 2026 ABA Antitrust Spring Meeting

  

  Last week's American Bar Association Spring Meeting revealed an antitrust landscape defined by heightened friction and tension — between federal and state enforcers, domestic and international regimes, competing political visions, and traditional enforcement tools and novel challenges, say attorneys at Skadden.

• In First For DOJ, Action Signals New CFIUS Enforcement Era

  

  The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.

• 9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes

  

  The Ninth Circuit's recent decision in Kalbers v. U.S. Department of Justice confirms that Rule 6(e) provides robust protections when documents are in the government's possession only through a grand jury subpoena, emphasizing for companies the importance of careful labeling from the outset of an investigation, say attorneys at Cooley.

• Getting The Most Out Of Learning And Development Programs

  Excerpt from Practical Guidance

  

  Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

• How Cos. Can Prepare For California's Textile Recovery Act

  

  Staged implementation of California's Responsible Textile Recovery Act, establishing the state's first extended producer responsibility program for apparel and textile articles, has begun — and companies that review their data readiness, contracts and exposure risks now will be best prepared when the act comes into full effect, says Thierry Montoya at FBT Gibbons.

• Opinion

  AI Presents A Make-Or-Break Moment For Outside Counsel

  

  The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

• State Carbon Cost Disparities Are Pivotal In Data Center Siting

  

  When choosing U.S. data center locations, developers must carefully consider the patchwork of state and regional carbon emission pricing regimes that are layered on top of the federal permitting framework, creating compliance cost differentials that could add up to billions of dollars, say attorneys at Davis Graham.

• Series

  Watching Hallmark Movies Makes Me A Better Lawyer

  

  I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

• Reel Justice: 'Mercy' And Private Surveillance As Evidence

  

  The near-future depicted in the film “Mercy” reminds attorneys that private surveillance networks are becoming central to the evidentiary ecosystem, shaping what prosecutors can obtain, what defendants must explain and what jurors may interpret as objective truth, says Veronica Finkelstein at Wilmington University.

• Keys To Federal Carbon Compliance In Data Center Siting

  

  Recent statements from the White House and state governors about making data centers pay for their own power infrastructure have underlined the importance of choosing locations, generation technologies and deal structures to optimize carbon, permitting and compliance costs, say attorneys at Davis Graham.

• 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 To Watch At The 2026 ABA Antitrust Spring Meeting

  

  Attorneys at Freshfields consider the future of antitrust law and competition among developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

• Witness AI Usage Is The Next Privilege Battle In Civil Litigation

  

  Fact and expert witnesses now have immediate access to artificial intelligence systems capable of simulating deposition questioning, recommending answers and more, but this preparation occurs privately, invisibly and frequently under the mistaken assumption that it is harmless, says Bill Kanasky at Courtroom Sciences and Billy Davis at Taylor Nelson.

• 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.

• Emissions Permits May Not Override Pollution Exclusions

  

  Two recent coverage rulings from the Illinois Supreme Court and the Third Circuit suggest a trend among appellate courts to deny coverage under pollution exclusions, even when the emissions happened pursuant to a government permit, say attorneys at Simpson Thacher.