CFIUS Trends May Shift Under 'America First' Policy

The arrival of the Committee on Foreign Investment in the United States' latest annual report suggests that the Trump administration's "America First" policy will have a measurable effect on foreign investment, including improved trendlines for investments from allied sources and increasingly negative trendlines for those from foreign adversary sources, say attorneys at Debevoise.

Lessons From Del. Chancery Court's New Activision Decision

The Delaware Court of Chancery's recent decision in AP-Fonden v. Activision Blizzard, declining to dismiss certain fiduciary duty claims at the pleading stage, offers takeaways for boards considering a sale, including the importance of playing an active role in the merger process and documenting key board materials, say attorneys at Cleary.

Series

Practicing Stoicism Makes Me A Better Lawyer

Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.

Series

The Biz Court Digest: Texas, One Year In

A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.

Series

Law School's Missed Lessons: Educating Your Community

Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.

5 Crisis Lawyering Skills For An Age Of Uncertainty

As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.

Anticipating FTC's Shift On Unfair Competition Enforcement

As the Federal Trade Commission signals that it will continue to challenge unfair or deceptive acts and practices under Section 5 of the FTC Act, but with higher evidentiary standards, attorneys counseling healthcare, technology, energy or pharmaceuticals clients should note several practice tips, says Thomas Stratmann at George Mason University.

Del. Dispatch: Chancery Expands On Caremark Red Flags

The Delaware Court of Chancery’s recent Brewer v. Turner decision, allowing a shareholder derivative suit against the board of Regions Bank to proceed, takes a more expansive view as to what constitutes red flags, bad faith and corporate trauma in Caremark claims, say attorneys at Fried Frank.

Opinion

It's Time For The Judiciary To Fix Its Cybersecurity Problem

After recent reports that hackers have once again infiltrated federal courts’ electronic case management systems, the judiciary should strengthen its cybersecurity practices in line with executive branch standards, outlining clear roles and responsibilities for execution, says Ilona Cohen at HackerOne.

Considering Judicial Treatment Of The 2023 Merger Guidelines

Courts have so far primarily cited the 2023 merger guidelines for propositions that do not differ significantly from prior versions of the guidelines, leaving it unclear whether the antitrust agencies will test the guidelines’ more aggressive theories, and how those theories will be treated by federal judges, say attorneys at Covington.

Federal Debanking Scrutiny Prompts Compliance Questions

Recent U.S. Small Business Administration guidance sets forth requirements for preventing so-called politicized debanking and specific additional instructions for small lenders, but falls short on clarity for larger institutions, leaving lenders of all sizes with questions as they navigate this unique compliance challenge, say attorneys at Cooley.

Series

Writing Novels Makes Me A Better Lawyer

Writing my debut novel taught me to appreciate the value of critique and to never give up, no matter how long or tedious the journey, providing me with valuable skills that I now emphasize in my practice, says Daniel Buzzetta at BakerHostetler.

SEC's No-Action Relief Could Dramatically Alter Retail Voting

The U.S. Securities and Exchange Commission recently cleared the way for ExxonMobil to institute a novel change in retail shareholder voting that could greatly increase voter turnout, granting no-action relief that represents an effective and meaningful step toward modernizing the shareholder voting process and the much-needed democratization of retail investors, say attorneys at Cozen.

SDNY OpenAI Order Clarifies Preservation Standards For AI

The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything” approach, says Philip Favro at Favro Law.

What's At Stake In Justices' Merits Hearing Of FTC Firing

In December, the U.S. Supreme Court will review President Donald Trump's firing of Democratic Federal Trade Commissioner Rebecca Slaughter, a decision that will implicate a 90-year-old precedent and, depending on its breadth, could have profound implications for presidential authority over independent agencies, say attorneys at Holland & Knight.