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Expert Analysis

Regulatory Uncertainties Loom As Fed Ends Crypto Oversight
The Federal Reserve Bank's recently ended crypto supervisory program headlines other recent federal actions from Congress, the White House and relevant agencies that may complicate financial institutions' digital-asset use and attendant compliance strategies, say attorneys at Buchalter.

Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.

Despite Fraud Focus, SEC Still Targeting Technical Violations
The U.S. Securities and Exchange Commission under Chairman Paul Atkins has emphasized its back-to-basics strategy, focusing on identifying and combating fraud and manipulation, but at the same time, it has continued to pursue nonfraud-based actions targeting technical rule violations, a trend that will likely continue, say attorneys at Morgan Lewis.

How AI Can Find Environmental Risks Before Regulators Do
By using artificial intelligence to analyze public information that regulators collect but find incredibly challenging to connect across agencies and databases, legal teams can identify risks before widespread health impacts occur, rather than waiting for harm to surface — potentially transforming environmental litigation, says Paul Napoli at Napoli Shkolnik.

$100K H-1B Fee May Disrupt Rural Healthcare Needs
The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.
Strategies For Defending Banks In Elder Abuse Cases

Several recent cases demonstrate that banks have plenty of tools to defend against claims they were complicit in financial abuse of older adults, but financial institutions should also continue to educate customers about third-party scams before they happen, say attorneys at Troutman.
How Courts May Interpret Data-Driven Healthcare Fraud Suits

As the U.S. Department of Justice and other agencies increasingly turn to data mining as an enforcement tool, courts will have to determine how far data alone can take a fraud case, and sound theory, clinical expertise and institutional context will play an important role, say Jaime Jones at Sidley and Andrée-Anne Fournier and Atang Gilika at Analysis Group.
AG Watch: Va. Race Spotlights Consumer Protection Priorities

Ahead of the state's attorney general election, Virginia companies should assess how either candidate's approach could affect their compliance posture, with incumbent Jason Miyares promising a business-friendly atmosphere that prioritizes public safety and challenger Jay Jones pledging to focus on economic justice and corporate accountability, says Chuck Slemp at Cozen O’Connor.
Preparing For What DOD Cybersecurity Audits May Uncover

Defense contractors seeking certification under the U.S. Department of Defense's Cybersecurity Maturity Model Certification program that begins implementation on Nov. 10 may discover previously unknown violations, but there are steps they can take to address any issues before they come to the attention of enforcement authorities, say attorneys at Troutman.
A Look At Project Crypto's Plans For Digital Asset Regulation

U.S. Securities and Exchange Commission Chairman Paul Atkins' recent announcement of Project Crypto, an agencywide initiative to modernize federal securities regulations, signals a significant shift toward a more flexible regulatory framework that would shape the future of the U.S. digital asset market, say attorneys at WilmerHale.
Breaking Down The Intersection Of Right-Of-Publicity Law, AI

Jillian Taylor at Blank Rome examines how existing right-of-publicity law governs artificial intelligence-generated voice-overs, deepfakes and deadbots; highlights a recent New York federal court ruling involving AI-generated voice clones; and offers practical guardrails for using AI without violating the right of publicity.
Justices May Decide Whether Restitution Is A Punishment

Forthcoming oral argument before the U.S. Supreme Court in Ellingburg v. U.S. will focus on whether criminal restitution qualifies as criminal punishment under the U.S. Constitution — a key question as restitution has expanded in reach and severity, while providing little meaningful compensation for victims, says Lula Hagos at George Washington University Law School.
Mich. Ruling Narrows Former Athletes' Path To NIL Recovery

A federal judge's recent dismissal of a name, image and likeness class action by former Michigan college football players marks the third such ruling this year, demonstrating how statutes of limitation and prior NIL settlements are effectively foreclosing these claims for pre-2016 student-athletes, say attorneys at Venable.
What 2 Recent Rulings Mean For Trafficking Liability Coverage

Two recent federal district court decisions add to a growing number of courts concluding that Trafficking Victims Protection Reauthorization Act claims may trigger coverage under commercial general liability policies, rejecting insurer arguments regarding public policy and exclusion defenses, says Joe Cole at Shumaker.
Civil Maritime Nuclear Sector Poised For Growth, Challenges

The maritime industry now stands on the verge of a nuclear-powered renaissance, with the need for clean energy, resilient power generation and decarbonized logistics driving demand for commercial maritime nuclear technology — but these developments will raise significant new legal, regulatory and technical questions, say attorneys at Holland & Knight.
Series
Painting Makes Me A Better Lawyer

Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
H-2A Rule Rollback Sheds Light On 2 Policy Litigation Issues

The Trump administration’s recent refusal to defend an immigration regulation implemented by the Biden administration highlights a questionable process that both parties have used to bypass the Administrative Procedure Act’s rulemaking process, and points toward the next step in the fight over universal injunctions, says Mark Stevens at Clark Hill.
NY AML Rules Get Crypto Rebrand: What It Means For Banks

A recent letter from the New York State Department of Financial Services outlining how banks can use blockchain analytics in anti-money laundering efforts is a reminder that crypto activity is not exempted from banks' role in keeping the financial system safe, says Katherine Lemire at Lankler Siffert.
What's At Stake At High Court For Presidential Removal Power

Two pending U.S. Supreme Court cases —Trump v. Slaughter and Trump v. Cook — raise fundamental questions about the constitutional separation of powers, threaten the 90-year-old precedent of Humphrey's Executor v. U.S. and will determine the president's authority to control independent federal agencies, says Kolya Glick at Arnold & Porter.
Using The GHG Protocol For California Climate Reporting

With the California Air Resources Board's recent announcement that entities subject to the state's climate disclosure laws can use the Greenhouse Gas Protocol as a standard for structured, auditable reporting, a review of methods, data sources and disclosures under the protocol is timely for compliance planning, says Thierry Montoya at Frost Brown.
Employer Considerations As Ill. Ends Mandatory Fact-Finding

Illinois recently eliminated mandatory fact-finding conferences, and while such meetings tend to benefit complainants, respondent employers should not dismiss them out of hand without conducting a thorough analysis of the risks and benefits, which will vary from case to case, says Kimberly Ross at FordHarrison.
Courts Are Still Grappling With McDonnell, 9 Years Later

The Seventh and D.C. Circuits’ recent decisions in U.S. v. Weiss and U.S. v. Paitsel, respectively, demonstrate that courts are still struggling to apply the U.S. Supreme Court’s 2016 ruling in McDonnell v. U.S., which narrowed the scope of “official acts” in federal bribery cases, say attorneys at Quinn Emanuel.
3 Trends From AI-Related Securities Class Action Dismissals

A review of recently dismissed securities class actions centering on artificial intelligence highlights courts' scrutiny of statements about AI's capabilities and independence, and sustained focus on issues that aren't AI-specific, say attorneys at Alston & Bird.
Compliance Pointers Amid Domestic Terrorism Clampdown

A recent presidential memorandum marks a shift in federal domestic-terrorism enforcement that should prompt nonprofits to enhance diligence related to grantees, vendors and events, and financial institutions to shore up their internal resources for increased suspicious-activity monitoring and reporting obligations, say attorneys at Morgan Lewis.
Calif. Justices Usher In Stricter Era For Wage Law Ignorance

In Iloff v. LaPaille, the California Supreme Court determined that neither an employer's ignorance of wage obligations nor a worker agreeing to an unconventional arrangement is sufficient to establish good faith, demonstrating that the era of casual wage arrangements without legal vetting is over, says Brandy Alonzo-Mayland at Michelman & Robinson.
Special Series

My Hobby Makes Me A Better Lawyer
In this Expert Analysis series, attorneys share how their unusual extracurricular activities enhance professional development, providing insights and pointers that translate to the office, courtroom and beyond.

Adapting To Private Practice
In this Expert Analysis series, attorneys who have made the move from government work to private practice in the last few years reflect on how they transitioned to law firm life, and discuss tips for others.
Opinion
SEC Arbitration Shift Is At Odds With Fraud Deterrence
The U.S. Securities and Exchange Commission's recent statement allowing the use of mandatory arbitration by new publicly traded companies could result in higher legal costs, while removing the powerful deterrent impact of public lawsuits that have helped make the U.S. securities markets a model of transparency and fairness, say attorneys at Labaton Keller.
State AGs, Not Local Officials, Should Lead Public Litigation
Local governments’ public nuisance lawsuits can raise constitutional and jurisdictional challenges, reinforcing the principle that state attorneys general — not municipalities — are best positioned to litigate on behalf of citizens when it is warranted, says former Utah Attorney General John Swallow.
Access to Justice Perspectives
4 Trauma-Informed Strategies For Mediating Sex Abuse Cases
Navigating the justice system can be a retraumatizing experience for survivors of sexual abuse, so it’s imperative that mediators who work on these types of cases employ trauma-informed methods to foster trust and help parties reach meaningful resolutions, says Ellie Vilendrer at Signature Resolution.