Expert Analysis

• How 9th Circ. Ruling Deepens SEC Disgorgement Circuit Split

  

  The Ninth Circuit's recent decision in U.S. Securities and Exchange Commission v. Sripetch creates opposing disgorgement rules in the two circuits where the SEC brings a large proportion of enforcement actions — the Second and Ninth — and increases the likelihood that the U.S. Supreme Court will step in, say attorneys at Cahill Gordon.

• DOJ's UnitedHealth Settlement Highlights New Remedies Tack

  

  The use of divestitures and Hart-Scott-Rodino Act compliance in the recent U.S. Department of Justice settlement with UnitedHealth Group and Amedisys underscores the DOJ Antitrust Division's willingness to utilize merger remedies under the second Trump administration, say attorneys at Buchanan Ingersoll.

• DOJ Faces Potential Discovery Pitfalls In Comey Prosecution

  

  The unusual circumstances surrounding the prosecution of former FBI Director James Comey increase the odds of a discovery misstep for the U.S. Department of Justice, offering important reminders for defense counsel on how to ensure the government fulfills its obligations, says Kenneth Notter at MoloLamken.

• When Atty Ethics Violations Give Rise To Causes Of Action

  

  Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.

• Indiana Law Sets New Standard For Wage Access Providers

  

  The recent enactment of a law establishing a comprehensive regulatory framework for earned wage access positions Indiana as one of the leading states to allow EWA services, and establishes a standard that employers must familiarize themselves with before the Jan. 1 effective date, say attorneys at Faegre Drinker.

• Opinion

  Courts Must Continue Protecting Plaintiffs In Mass Arbitration

  

  In recent years, many companies have imposed onerous protocols that function to frustrate plaintiffs' ability to seek justice through mass arbitration, but a series of welcome court decisions in recent months indicate that the pendulum might be swinging back toward plaintiffs, say Raphael Janove and Sasha Jones at Janove Law.

• 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.

• AG Watch: Illinois A Key Player In State-Level Enforcement

  

  Illinois Attorney General Kwame Raoul has systematically strengthened his office to fill federal enforcement gaps, oppose Trump administration mandates and advance state policy objectives, particularly by aggressively pursuing labor-related issues, say attorneys at Troutman.

• 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.

• Shifting Crypto Landscape Complicates Tornado Cash Verdict

  

  Amid shifts in the decentralized finance regulatory landscape, the mixed verdict in the prosecution of Tornado Cash’s founder may represent the high-water mark in a cryptocurrency enforcement strategy from which the U.S. Department of Justice has begun to retreat, say attorneys at Venable.

• Opinion

  NYC Landlords Should Fight Unlawful Occupancy With 2 Laws

  

  New York City property owners should proactively use the Multiple Dwelling Law and Administrative Code to maintain the integrity of the city's housing market, safeguard tenant safety and keep unlawful occupancy disputes out of the already overwhelmed New York City Housing Court, say attorneys at Rosenberg & Estis.

• 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.

• $2B PDVSA Ruling Offers Insight Into Foreign-Issued Debt

  

  A New York federal court's recent decision denying a request by PDVSA, Venezuela's state-owned oil company, to refuse enforcement of $2 billion in defaulted bonds serves as a guide for the scope of review required in assessing the validity of foreign-issued securities with New York choice-of-law provisions, say attorneys at Cleary.

• Compliance Tips Amid Rising FTC Scrutiny Of Minors' Privacy

  

  The Federal Trade Commission has recently rolled out multiple enforcement actions related to children's privacy, highlighting a renewed focus on federal regulation of minors' personal information and the evolving challenges of establishing effective, privacy-protective age assurance solutions, say attorneys at Nelson Mullins.