Expert Analysis

• Series

  ESG Around The World: European Union

  

  As the EU makes ESG regulation a priority, companies — both those based in the EU and others just doing business there — need to keep abreast of myriad new legislation that has either already taken effect or will in the near future, as noncompliance could result in fines, damages and director liability, say attorneys at Steptoe & Johnson.

• Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

  

  The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

• Tornado Cash Saga Presents Thorny Issues For Fintechs

  

  A recent Texas federal court ruling and a U.S. Department of Justice indictment concerning the cryptocurrency mixer service Tornado Cash raise novel and important issues regarding smart contracts that could complicate the development and nature of decentralized crypto projects, as well as the future of fintech business models, say attorneys at Venable.

• Opinion

  US Crypto Needs Regulatory Clarity In Order To Thrive

  

  As the crypto industry continues to mature, now is the time for the U.S. government to implement a clear and consistent regulatory framework in order to weed out bad actors and support industry growth, fairer access, stability, innovation and consumer protection, says Gavin Michael at Bakkt.

• As AI Pricing Tools Evolve, So Does Antitrust Risk

  

  As the use of pricing algorithms has given rise to regulatory scrutiny and civil actions, such as RealPage Rental Software Antitrust Litigation in the Middle District of Tennessee and Gibson v. MGM in the District of Nevada, independent pricing decisions and other best practices can help limit antitrust risk, say attorneys at Axinn.

• What SEC Actions Against NFTs May Mean For Issuers

  

  The U.S. Securities and Exchange Commission’s recent charges against two non-fungible token issuers, Impact Theory and Stoner Cats, suggests that there could be additional SEC scrutiny of NFTs down the line, and that issuers should consider whether their assets might create an investment contract regulated under federal securities laws, say attorneys at Wilson Sonsini.

• What Large Language Models Mean For Document Review

  

  Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

• Series

  Participating In Living History Makes Me A Better Lawyer

  

  My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

• Opinion

  Private Equity Owners Can Remedy Law Firms' Agency Issues

  

  Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

• Don't Wait To Prepare For CFPB's Small Biz Lender Data Rule

  

  Though federal courts in Kentucky and Texas have paused the rollout of the Consumer Financial Protection Bureau's small business loan reporting requirement, with more delays perhaps on the way, financial institutions should nonetheless turn to new agency guidance to prepare for the rule's eventual implementation, say Christopher Friedman and Shelby Lomax at Husch Blackwell.

• Understanding EU's AI Act And Its Enforcement Mechanisms

  

  Companies wishing to use or market AI technology in the EU will need to become familiar with the risk-based regulatory framework and strict enforcement mechanisms of the draft EU Artificial Intelligence Act, which may be effective as early as next year, say Matthew Justus at AT&T and Wade Barron at Kilpatrick Townsend.

• Tech Company Trade Compliance Programs Need A Check-Up

  

  As sanctions and export controls continue to evolve, companies in the tech sector are often affected in ways that can be difficult to spot, say Carrie Schroll and Matthew Luzadder at Kelley Drye.

• Suit Alleging FDIC Overdraft Overreach May Not Make Waves

  

  Regardless of its outcome, a lawsuit filed by a Minnesota community bank and state bankers trade group arguing against recent overdraft-related fee enforcement from the Federal Deposit Insurance Corp. is unlikely to ease pressure from other banking regulators for corrective action on nonsufficient fund fees, say John Stoker and Kate Wellman at Moore & Van Allen.

• Mass. Robinhood Ruling Will Affect Broker-Dealers Nationwide

  

  Following the Massachusetts Supreme Judicial Court's recent ruling in Robinhood v. Galvin, which upheld the state's rule imposing a fiduciary duty standard on broker-dealers, the Massachusetts Securities Division will likely target in-state and out-of-state firms under the rule, say attorneys at Mintz.

• How To Protect Atty-Client Privilege While Using Generative AI

  

  When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.