Expert Analysis

• Senate Bill Could Overhaul Digital Asset Market Structure

  

  The Senate Banking Committee's draft Responsible Financial Innovation Act would not only clarify the roles and responsibilities of financial institutions engaging in digital asset activities but also impose new compliance regimes, reporting requirements and risk management protocols, say attorneys at Troutman.

• Decoding Arbitral Disputes: ICSID Enforcement In Australia

  

  The Federal Court of Australia recently ruled for award creditors in Blasket Renewable Investments v. Spain in a judgment that explains how Australia's statute book operationalizes the promise of depoliticized enforcement under the International Centre for Settlement of Investment Disputes Convention while accommodating, without yielding to, the centrifugal forces of European Union law, says Josep Galvez at 4-5 Gray's Inn.

• Liability Lessons From Luxury Cruise Thwarted By Sanctions

  

  An ongoing legal dispute over a canceled luxury cruise to the North Pole reminds attorneys that liability can surface even before a ship leaves the dock — and that U.S. sanctions law increasingly lurks in the background of global travel contracts, says Peter Walsh at The Cruise Injury Law Firm.

• Agentic AI Puts A New Twist On Attorney Ethics Obligations

  

  As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

• How EU Is Tweaking Enviro Laws After US Trade Deal

  

  While a recent joint statement from the European Union and the U.S. in the wake of their trade deal does not mention special treatment for U.S. companies, the EU's ongoing commitment to streamline its sustainability legislation suggests an openness to addressing concerns raised by the U.S., say attorneys at Debevoise.

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  Being A Professional Wrestler Makes Me A Better Lawyer

  

  Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

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  Law School's Missed Lessons: Adapting To The Age Of AI

  

  Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.

• Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning

  

  A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.

• Insuring Against FCA Risk In Shifting Trade Landscape

  

  In today's heightened trade enforcement environment, companies should proactively assess whether their insurance programs are positioned to respond to potential False Claims Act or customs-related claims, including reviewing directors and officers, professional liability, and representations and warranties policies for key terms, say attorneys at Pillsbury.

• Demystifying The Civil Procedure Rules Amendment Process

  

  Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.

• Bankruptcy Courts May Offer Relief For Tariff-Driven Distress

  

  The Bankruptcy Code and the customs laws interact in complex ways that make bankruptcy a powerful, albeit limited, tool for companies that are dealing with tariff-related financial distress, says Eitan Arom at KTBS Law.

• Parenting Skills That Can Help Lawyers Thrive Professionally

  

  As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

• How WTO's Anti-Suit Injunction Ruling Affects IP Stakeholders

  

  The World Trade Organization's recent ruling in favor of the European Union's challenge to Chinese courts' anti-suit injunction practices should hearten holders of standard-essential patents, while implementers can take solace that they retain mechanisms to distinguish the WTO decision when seeking anti-suit injunctions in U.S. courts, says Michael Franzinger at Dentons.

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  Teaching Trial Advocacy Makes Us Better Lawyers

  

  Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

• Texas Property Law Complicates Financing And Development

  

  A new Texas law imposing expansive state-level restrictions on properties owned by entities from designated countries creates a major obstacle for some lenders, developers and other stakeholders, as well as new diligence requirements for foreign companies, say attorneys at Pillsbury.