Expert Analysis

• EU Ruling Signals More Intrusion Into Commercial Arbitration

  

  Three things stand out from the recent opinion of the advocate general of the European Court of Justice in Reibel v. Stankoimport, which is the next step in a long line of measures chipping away at the viability of international arbitration in the European Union, say attorneys at BakerHostetler.

• Navigating Venezuelan Oil And Gas Sanctions Rollbacks

  

  The U.S. Department of the Treasury's Office of Foreign Assets Control has issued a series of general licenses representing the broadest easing of Venezuela-related sanctions in years, and creating significant new opportunities — but only for entities prepared to meet the rigorous conditions attached to OFAC's phased sanctions relief, say attorneys at Winston & Strawn.

• 3 Policy Lines To Revisit After Justices Nix Emergency Tariffs

  

  The U.S. Supreme Court's invalidation of President Donald Trump's emergency-based tariffs could expose businesses to allegations of misrepresenting tariff effects and raise the prospect of consumer actions seeking refunds — underscoring the need for policyholders to potentially reposition their insurance portfolios, say attorneys at Reed Smith.

• 5 Tips For Navigating Your Firm's All-Attorney Summit

  Excerpt from Practical Guidance

  

  Law firm retreats should be approached strategically, as they present valuable opportunities to advance both the firm's objectives and attorneys' professional development through meaningful participation, building and strengthening internal relationships, and proactive follow-up, says James Argionis at Cozen O’Connor.

• How Bankrupt Cos. Can Seek Refunds For Illegal Tariffs

  

  In light of the U.S. Supreme Court's recent decision striking down President Donald Trump's International Emergency Economic Powers Act tariffs as illegal, some companies may have strong prospects for recovering refunds from the government, and trustees in bankruptcy may have a significant role to play in seeking such recovery, say attorneys at Stinson.

• Legal And Industry Impacts Of America's Maritime Action Plan

  

  America's Maritime Action Plan, unveiled by the White House last month, introduces changes to trade investigations, a new maritime trust fund and more — adding regulatory and compliance obligations for companies and counsel, but also new avenues for client engagement in project finance, contract negotiation and dispute resolution, say attorneys at Holland & Knight.

• Duke Energy Settlement Raises Key Antitrust Questions

  

  The recent federal court settlement in Duke Energy v. NTE Carolinas II comes in the wake of the U.S. Supreme Court's failure to address a Fourth Circuit decision in the matter, calling into question the core purpose and effect of antitrust laws, say attorneys at Clifford Chance.

• Series

  Coaching Soccer Makes Me A Better Lawyer

  

  Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

• Series

  Law School's Missed Lessons: The Human Element

  

  Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

• 4 Ways To Help CBP Curb Shell Co. Import Schemes

  

  Shifting to a proactive rather than reactive enforcement posture in addressing shell companies set up to skirt tariffs requires equipping U.S. Customs and Border Protection with enhanced investigative authorities, better intelligence support, and mechanisms to identify and hold accountable the ultimate illicit actors, say attorneys at Kelley Drye.

• 7 Steps For Gov't Contractors In Post-IEEPA Tariff Landscape

  

  In response to U.S. Supreme Court's recent decision to strike down tariffs issued by the Trump administration under the International Emergency Economic Powers Act, there are several actions federal contractors should take to preserve their place in any refund waterfall, and to manage audit, overpayment and False Claims Act risk, say attorneys at Holland & Knight.

• What We Know About DOJ's New FCA Enforcement Priorities

  

  Recent remarks from the leader of the Justice Department’s commercial litigation branch provide key insights on how False Claims Act cases — especially healthcare fraud, trade fraud, antidiscrimination and cybersecurity claims — will be evaluated, prioritized and pursued as heightened enforcement becomes the new normal, say attorneys at Latham.

• The Benefits Of Choosing A Niche Practice In The AI Age

  

  As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

• $1.7M School Fine Shows OFAC's Looking Beyond Banks

  

  The Office of Foreign Assets Control’s recent settlement with a Florida boarding school that enrolled children of a designated cartel member underlines that any organization accepting funds, providing services or interacting with individuals abroad is expected to have an effective sanctions evasion screening process, say attorneys at Perkins Coie.

• Section 122 Tariffs Show Shift In Strategy, Not Trade Policy

  

  By imposing temporary tariffs under Section 122 of the Trade Act as a stopgap measure while it pivots to less transitory statutory authorities, the Trump administration sent a clear message that the U.S. Supreme Court’s decision in Learning Resources v. Trump, invalidating duties imposed under the International Emergency Economic Powers Act, will not precipitate a change in policy direction, say attorneys at Snell & Wilmer.