Expert Analysis

• Assessing The SEC's Changing Approach To NFT Regulation

  

  Early U.S. Securities and Exchange Commission actions on nonfungible tokens pushed for broad regulation, but subsequent court decisions — including a recent California federal court ruling in Adonis Real v. Yuga Labs — and SEC commissioners' statements have narrowed the regulatory focus toward a more fact-specific approach, say attorneys at Wilson Elser.

• Where Crypto Mixing Enforcement Is Headed From Here

  

  Recent developments involving crypto mixers, particularly the Tornado Cash verdict, demonstrate that the Justice Department's shift away from regulation by prosecution does not mean total immunity, rather reflecting an approach that prioritizes both innovation and accountability, says David Tarras at Tarras Defense.

• Reel Justice: 'Roofman,' Modus Operandi Evidence And AI

  

  The recent film “Roofman,” which dramatizes the real-life string of burglaries committed by Jeffrey Manchester, illuminates the legal standards required to support modus operandi evidence — which may soon become complicated by the use of artificial intelligence in crime series detection, says Veronica Finkelstein at Wilmington University School of Law.

• New NCAA Betting Policy Fits Trend Of Eased Restrictions

  

  Allowing NCAA student-athletes to bet on professional sports fits into a decade-long trend of treating college athletes more like adults in a commercial system, but decreasing player restrictions translates to increased compliance burdens for schools, say attorneys at Robins Kaplan.

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  Building With Lego Makes Me A Better Lawyer

  

  Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.

• How Banks Can Safely Handle Payments For Gambling Biz

  

  As the betting market continues to expand, it's crucial for banks and fintechs to track historical developments in wagering and ongoing prediction markets litigation that can factor into a risk analysis for payment processing with respect to gambling operators, says Laura D'Angelo at Jones Walker.

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  Law School's Missed Lessons: Networking 101

  

  Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.

• Defeating Estoppel-Based Claims In Legal Malpractice Actions

  

  State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.

• AI's Role In Google Antitrust Suit May Reshape Tech Markets

  

  The evolution of AI in retail has reshaped the U.S.' antitrust case against Google, which could both benefit small business innovators and consumers, and fundamentally alter future antitrust cases, including the Federal Trade Commission's lawsuit against Amazon, says Graham Dufault at ACT.

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  The Biz Court Digest: How It Works In Massachusetts

  

  Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.

• Viral 'Brewers Karen' Incident Teaches Employers To Act Fast

  

  An attorney who was terminated after a viral video showed her threatening to call U.S. Immigration and Customs Enforcement on an opposing team's fan at a Milwaukee Brewers game underscores why employers must take prompt action when learning of viral incidents involving employees, says Joseph Myers at Mesidor.

• Weighing Risks Of Ambush Marketing Around Sports Events

  

  American brands tempted to insert themselves into conversations around the 2026 World Cup and 2028 Olympic Games, but without the coveted sponsorship, should consider the legal hazards and minimize the risks by avoiding elements that imply an unauthorized commercial association with FIFA or the International Olympic Committee, say attorneys at Debevoise.

• State Child Privacy Laws May Put More Cos. In FTC's Reach

  

  Starting with Texas in January, several new state laws requiring app stores to share user age-related information with developers will likely subject significantly more companies to the Federal Trade Commission’s child privacy rules, altering their compliance obligations, say attorneys at Womble Bond.

• Why Appellees Should Write Their Answering Brief First

  

  Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.

• Game Not Over: Player Redshirt Suits Keep NCAA On Defense

  

  A class action recently filed in Tennessee federal court highlights a trend of student-athlete challenges to the NCAA's four seasons eligibility rule following the historic House settlement in June, which altered revenue-sharing and players' name, image and likeness rights, say attorneys at BakerHostetler.