Expert Analysis

• The 5 Most Important Bid Protest Decisions Of 2025

  

  In a shifting bid protest landscape, five decisions in 2025 from the Federal Circuit, the U.S. Court of Federal Claims and the U.S. Government Accountability Office that addressed bedrock questions about jurisdictional reach and the breadth of agency discretion are likely to have a lasting impact, say attorneys at Bradley Arant.

• Food Industry Braces For MAHA And Other Challenges In 2026

  

  After the Make America Healthy Again movement kept the U.S. Food and Drug Administration under pressure in 2025, actions in the food safety space are likely to continue this year, including updated Supplemental Nutrition Assistance Program dietary guidelines and processed food definitions, say attorneys at Wiley.

• Preparing For Congressional Investigations In A Midterm Year

  

  2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.

• A Meaningful Shift In FDA's Biosimilarity Analysis

  

  The U.S. Food and Drug Administration's potential pivot away from routinely requiring comparative efficacy studies for interchangeable biosimilar applications would not lower regulatory standards, but instead allow applicants to allocate resources toward establishing more probative evidence, says Theodore Thompson at Stinson.

• Employment Immigration Trends And Challenges For 2026

  

  U.S. companies competing for global talent should brace for a turbulent 2026, with greater compliance burdens, higher costs and the probability of workforce disruptions at every stage of the immigration process, from visa petitions to work authorization renewals, say attorneys at Duane Morris.

• Top 5 Antitrust Issues For In-House Counsel To Watch In 2026

  

  With Trump administration enforcement policy having largely taken shape last year, antitrust issues that in-house counsel should have on the radar range from scrutiny of technology-assisted pricing to the return of merger remedies, say attorneys at Squire Patton.

• 4 Developments That Defined The 2025 Ethics Landscape

  

  The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.

• Navigating AI In The Legal Industry

  

  As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.

• How Fractional GCs Can Manage Risks Of Engagement

  

  As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.

• Health, Legal Employers Face Unique Online Speech Hurdles

  

  Employers in the legal and healthcare industries must consider distinctive ethical obligations and professional requirements when disciplining employees for social media posts, while anticipating an area of the law in flux as courts seek to balance speech rights and the workplace function, say attorneys at FordHarrison.

• Reviewing 2025's Most Pertinent Wiretap Developments

  

  2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.

• 2025 Legal Milestones That Will Shape Psychedelics Sector

  

  As 2025 draws to a close, psychedelic drug development stands at an inflection point, experiencing unprecedented momentum through recent sweeping regulatory changes and landmark clinical milestones, amid rapidly evolving regulatory expectations, say Odette Hauke at Odette Alina LLC and Kimberly Chew at Husch Blackwell.

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  Nature Photography Makes Me A Better Lawyer

  

  Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.

• 2025 State AI Laws Expand Liability, Raise Insurance Risks

  

  As 2025 nears its end, claims professionals should be aware of trends in state legislation addressing artificial intelligence use, as insurance claims based on some of these liability-expanding statutes are a certainty, say attorneys at Wiley.

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  Law School's Missed Lessons: Practical Problem Solving

  

  Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.