Expert Analysis

• What's At Stake In Possible Circuit Split On Medicaid Rule

  

  A recent Eleventh Circuit decision, reviving Florida's lawsuit against a federal rule that reduces Medicaid funding based on agreements between hospitals, sets up a potential circuit split with the Fifth Circuit, with important ramifications for states looking to private administrators to run provider tax programs, say Liz Goodman, Karuna Seshasai and Rebecca Pitt at FTI Consulting.

• Elections Mean Time For Political Law Compliance Checkups

  

  An active election year is the perfect time for in-house counsel to conduct a health check on their company's corporate political law compliance program to ensure it’s prepared to minimize risks related to electoral engagement, lobbying, pay-to-play laws and government ethics rules, say attorneys at Steptoe.

• Malpractice Claim Assignability Continues To Divide Courts

  

  Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

• Courts' Rare Quash Of DOJ Subpoenas Has Lessons For Cos.

  

  In a rare move, three federal courts recently quashed or partially quashed expansive U.S. Department of Justice administrative subpoenas issued to providers of gender-affirming care, demonstrating that courts will scrutinize purpose, cabin statutory authority and acknowledge the profound privacy burdens of overbroad government demands for sensitive records, say attorneys at ArentFox Schiff.

• Remote Patient Monitoring Is At Regulatory Inflection Point

  

  With remote patient monitoring at the center of new federal pilot programs and a recent report from the U.S. Department of Health and Human Services' Office of Inspector General examining Medicare billing for those services, it is clear that balancing innovation and risk will be a central challenge ahead for digital health stakeholders, say attorneys at Morgan Lewis.

• Ambiguity Remains On Anti-DEI Grant Conditions

  

  Although a recent decision in City of Chicago and City of Saint Paul v. U.S. Department of Justice temporarily halts enforcement of anti-DEI conditions in federal grant applications, and echoes recent decisions in similar cases, companies remain at risk until the term “illegal DEI” is clarified, say attorneys at Moore & Van Allen.

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  Teaching Logic Makes Me A Better Lawyer

  

  Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

• New Biotech Nat'l Security Controls May Have Blunted Impact

  

  While the newly enacted federal prohibition against contracting with certain biotechnology providers associated with countries of concern may have consequences on U.S. companies' ability to develop drugs, the restrictions may prove to be less problematic for the industry than the significant publicity around their passage would suggest, say attorneys at Wilson Sonsini.

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  Law School's Missed Lessons: Practicing Resilience

  

  Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

• Takeaways From The DOJ Fraud Section's 2025 Year In Review

  

  Former acting Principal Deputy Chief Sean Tonolli of the U.S. Department of Justice's Fraud Section, now at Cahill Gordon, analyzes key findings from the section’s annual report — including the changes implemented to adapt to the new administration’s priorities — and lays out what to watch for this year.

• Anticipating The SEC's Cybersecurity Focus After SolarWinds

  

  While the U.S. Securities and Exchange Commission's recent voluntary dismissal of its enforcement action against SolarWinds Corp. and its chief information security officer marks a significant victory for the defendants, it does not mean the SEC is done bringing cybersecurity cases, say attorneys at MoFo.

• Bid Protest Data Contradicts Claims That System Is Inefficient

  

  Recently released data debunks the narrative that the federal procurement system is overwhelmed by excessive or meritless bid protests, revealing instead that the process is healthy and functioning as intended, says Joshua Duvall at Duvy Law.

• Contract Disputes Recap: Terminations Galore

  

  Three recent decisions from the Federal Circuit and the Civilian Board of Contract Appeals provide valuable insights about sticking to a contract's plain language, navigating breach of contract claims, and jurisdictional limits on reinstatement of a canceled contract, say attorneys at Seyfarth.

• Traditional FCA Enforcement Surges Amid Shifting Priorities

  

  The U.S. Department of Justice’s January report on False Claims Act enforcement in fiscal year 2025 reveals that while the administration signaled its intent to expand FCA enforcement into new areas such as tariffs, for now the greatest exposure remains in traditional areas like healthcare — in which the risk is growing, say attorneys at Debevoise.

• NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

  

  Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.