Expert Analysis

• 'Mobile' Sources For On-Site Generation May Be A Risky Bet

  

  The U.S. Environmental Protection Agency is considering treating large on-site generators used at data centers as mobile rather than stationary sources under the Clean Air Act, a significant policy change that would leave developers that adopt this solution at risk of regulatory reversals, say attorneys at Ballard Spahr.

• 3 AI Adoption Mistakes GCs Should Avoid

  

  The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

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  Playing Basketball Makes Me A Better Lawyer

  

  My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

• EPA Listing Signals New Scrutiny Of Drugs In Drinking Water

  

  The recent publication of the U.S. Environmental Protection Agency's latest draft drinking water contaminant list highlights pharmaceuticals as a category of concern, marking the start of a process that could shape future research priorities, monitoring requirements, and federal and state actions, say attorneys at Morgan Lewis.

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  The Biz Court Digest: Georgia Court Has Business On Its Mind

  

  Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

• Md. Justices' State Climate Tort Ban May Shape National Path

  

  The Maryland Supreme Court’s recent ruling that federal law preempted state-level deceptive marketing tort claims brought by several municipalities could offer the U.S. Supreme Court a road map to use in the pending Suncor Energy v. Boulder County case to exclude states from the business of regulating global emissions, say attorneys at ArentFox Schiff.

• 4 Emerging Approaches To AI Protective Order Language

  

  Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

• Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

  

  While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

• The Growing Importance Of Nature-Related Disclosures

  

  The International Sustainability Standards Board's recent vote to develop nonmandatory nature‑related disclosure guidance reduces immediate compliance pressure, but it does not eliminate the practical relevance of such risks for companies that already prepare sustainability reports or operate across jurisdictions with differing expectations, say attorneys at ArentFox Schiff.

• Rightsizing Regulation To Usher In Next-Generation Nuclear

  

  Next-generation nuclear seems to be having its moment as a recent flurry of Nuclear Regulatory Commission rulemaking aims to fast-track the licensing and deployment of such technologies, says Hilary Jacobs at Beveridge & Diamond.

• The Ethics And Practicalities Of Representing AI Agents

  

  With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

• Notable Q1 Updates In Insurance Class Actions

  

  Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

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  Speed Jigsaw Puzzling Makes Me A Better Lawyer

  

  My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

• Navigating The Annulment Of NY Wetlands Permitting Rules

  

  A New York state court's recent unprecedented annulment of the state's wetlands regulations brings uncertainty about the standards for determining and classifying wetlands jurisdiction and assessing compliance with permitting requirements as next steps are determined, say attorneys at Foley Hoag.

• Dutch Order Enforcing Award Tests Spain's Immunity Shield

  

  The recently recorded enforcement award from The Hague District Court, allowing an investor to seize Spanish real estate in the Netherlands in satisfaction of an arbitration award, exposes the precise point at which International Centre for Settlement of Investment Disputes enforcement becomes coercive sovereign execution, says Josep Galvez at 4-5 Gray's Inn.