Expert Analysis


'Honeypot' Suit Spotlights Nuances Of Trade Secret Law

Fintech company MyCard's recent complaint filed in Delaware federal court, alleging that competitor Atomic FI copied its proprietary software, including a "honeypot" in the form of a specific 37-character string, highlights fact-intensive questions of when alleged trade secrets are actually secret, says Eugene Mar at Farella Braun.


Wire Fraud Ruling May Upend White Collar Enforcement

A Texas federal court’s recent decision in U.S. v. Garza, dismissing wire fraud charges arising from an alleged $1 billion tax shelter scheme, advances a broader constitutional principle that could affect sentencing and reshape charging practices across white collar criminal cases involving specialized statutory regimes, say attorneys at Benesch.


FTC Focus: Calibrating Biden-Era Issues In 2026's 1st Half

In the first half of 2026, Federal Trade Commission actions have redefined which of the previous administration's theories it views as legally sustainable, institutionally worthwhile and consistent with a more restrained conception, including a pivot from rulemaking to case-specific noncompete enforcement this spring, say attorneys at Proskauer.


High Court's FCC Ruling Adds To Comms Industry Paradox

The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.


Why Ultra-Processed Foods May Be The Next Big Mass Tort

With multiple federal lawsuits filed already this year over the alleged harms caused by ultra-processed foods, and policymakers targeting UPFs for increasingly strict regulation, the sector exhibits the same structural characteristics identified historically in major mass torts, say Ruth Levy at Womble Bond and Elizabeth Epes at Financial Asset Recovery Analytics.


A Lender's Guide To Fraud: Identifying Risks

The evolving lending landscape, particularly the private credit boom, has heightened lenders' exposure to fraud, but recent bankruptcies demonstrate where fraud risks most commonly materialize and how banks can mitigate exposure at the outset, say attorneys at Moore & Van Allen.


Class Actions Have Entered The Fight Over Prediction Markets

While disputes brought by states over the regulation of prediction markets have claimed most of the headlines, class actions brought by ordinary citizens, particularly in Kentucky and Massachusetts, represent another avenue to challenge the legality of the prediction markets themselves, says Laura Chiu at DarrowEverett.


Series

Founding An Autism Academy Made Me A Better Lawyer

Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.


Why Private Sector Should Watch Gov't DEI Firing Class Bid

Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.


Mapping US-China Investment Compliance For EB-5 Deals

Chinese capital deployment through the U.S.'s EB-5 Immigrant Investor Program, alongside China's recently established outbound investment security framework, creates compliance gaps with the U.S. framework, and unique risks and considerations for practitioners, says Xuan Zhang at Reid & Wise.


Brightline Debt Woes Highlight Risks In Private Rail Finance

The reported creditor negotiations and mounting debt obligations of Florida railroad Brightline arrive at a moment when the assumptions underlying a decade of privately financed infrastructure investment are under pressure across multiple asset classes, says Robert Charbonneau at Agentis.


When Do Murals Qualify For IP Protection?

Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.


HHS Enforcement Restructuring Signals Compliance Risks

The U.S. Department of Health and Human Services' recent restructuring of its Office for Civil Rights suggests that, while Health Insurance Portability and Accountability Act enforcement remains central, its priorities have expanded to encompass civil rights, conscience and religious freedom, and data and cybersecurity issues, say attorneys at King & Spalding.


Trump's AI Order Is Strategic, Not Merely Deregulatory

Although the framework presented in President Donald Trump’s recent executive order on artificial intelligence is styled as voluntary and innovation-friendly, it creates a new soft-power mechanism for bringing the most capable AI systems into closer alignment with federal security priorities, says Jesse Lemon at The Beckage Firm.


How Justices' Habeas Ruling Limits Compassionate Release

The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.


Agentic AI And Securities Law: The Vanishing Defendant

The entire framework of traditional securities regulation rests on the ability to attribute conduct to human actors and assess their intent and control, but agentic artificial intelligence systems threaten to upend that basic first-step analysis, says Joseph A. Hall at Davis Polk.


Using NY Lawsuit Loan Law, Ruling Against Shady Injury Suits

The combination of a New York state appellate ruling that exposes litigation lenders in potentially fraudulent personal injury cases to discovery and a new law limiting predatory loans to plaintiffs provides defense counsel a powerful new toolkit for confronting suspicious claims, say attorneys at Stradley Ronon.


Texas AG's Payola Theory May Reach Beyond Music Platforms

Texas Attorney General Ken Paxton recently issued investigative demands to five major music streaming platforms, appearing to invoke the payola concept as a consumer protection theory against the streaming business, a novel application that could extend to other companies monetizing on ranking, visibility or recommendation placement, say attorneys at Benesch.


A New Wave Of Prediction Market Risk Is About To Break

The convergence of three potential new risks — shareholder derivative suits, evolving disclosure requirements and congressional investigations — means that prediction market exposure has graduated from an interesting hypothetical to a company's audit committee agenda item, say attorneys at King & Spalding.


The Banking Issue Hiding In Justices' Freight Broker Ruling

While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.



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Special Series


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From quilting to clowning to raising miniature livestock, attorneys share how their unusual extracurricular activities enhance professional development.




Judges On AI

Do artificial intelligence tools have any practical judicial applications? In this Expert Analysis series, state and federal judges explore potential use cases for AI in adjudication and beyond.




Opinion


Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

Agentic AI And Securities Law: Steps Congress Should Take

Agentic artificial intelligence technology doesn't fit comfortably into the existing securities regulatory landscape, so Congress should avoid repeating the mistakes that led to the legal uncertainty crypto companies and investors have faced over the past decade-plus by providing a legislative framework before AI fully matures, says Joseph A. Hall at Davis Polk.



Access to Justice Perspectives


Negotiating Power Imbalance In Pro Bono Client Relationships

The inherent power advantage of an attorney in a client relationship is magnified in pro bono representation, but lawyers can help ease this imbalance by implementing several principles, such as sharing control, identifying resource barriers and more, says Alicia Aiken at PLI.