Expert Analysis

• How 2025 Recalibrated Fair Use For The AI Era

  

  Although the Second Circuit's decision last year in Romanova v. Amilus Inc. did not involve artificial intelligence, its formulation of relevant fair use factors provides a useful guide for lower courts examining AI cases in 2026, demanding close attention from legal practitioners on both sides of these disputes, say attorneys at Cleary.

• 2026 Int'l Arbitration Trends: Next Steps In Age Of AI, Crypto

  

  Parties' use of artificial intelligence and blockchain technologies will continue in 2026, and international arbitrators will be called upon to evolve by building expertise in blockchain functionality, cryptography and decentralized finance protocols, and understanding the power and limitations of large language models, say attorneys at Cleary.

• Presidential Pardon Brokering Can Create Risks For Attys

  

  The emergence of an apparent “pardon shopping” marketplace, in which attorneys treat presidential pardons as a market product, may invite investigative scrutiny of counsel and potential criminal charges grounded in bribery, wire fraud and other statutes, says David Klasing at The Tax Law Offices of David W. Klasing.

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  Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

  

  My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

• Prisoners' Access To Health Info Should Have No Bars

  

  To safeguard against unnecessary deaths in custody, courts and policymakers should clarify that incarcerated individuals’ constitutional right to medical care also includes access to sufficient information about their medical conditions, lifting current restrictions that can lead to crucial information being withheld, says Jaehyun Oh at Jacob Fuchsberg Law.

• Navigating The New Wave Of Voluntary Benefit ERISA Suits

  

  Four recent complaints claiming that employees pay unreasonable premiums for voluntary benefit programs contribute to a trend in Employee Retirement Income Security Act class actions targeting employers and benefits consultants over such programs, increasing scrutiny of how the programs are selected, priced and administered, say attorneys at Holland & Knight.

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  Law School's Missed Lessons: How To Start A Law Firm

  

  Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

• Key False Claims Act Trends From The Last Year

  

  The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

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  Hosting Exchange Students Makes Me A Better Lawyer

  

  Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

• How A 1947 Tugboat Ruling May Shape Work Product In AI Era

  

  Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

• Why 2026 Could Be A Bright Year For US Solar

  

  2025 was a record-setting year for utility-scale solar power deployment in the U.S., a trend that shows no signs of abating, so the question for 2026 is whether permitting, interconnection, and state and federal policies will allow the industry to grow fast enough to meet demand, say attorneys at Beveridge & Diamond.

• Navigating Privilege Law Patchwork In Dual-Purpose Comms

  

  Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

• What Changed For Healthcare Transaction Law In 2025

  

  Though much of the legislation introduced last year to expand state scrutiny of healthcare transactions did not pass, investors should pay close attention to the overarching trends, which are likely to continue in this year's legislative sessions, say attorneys at Ropes & Gray.

• 5 Advertising Law Trends That Will Shape 2026

  

  The legal landscape for advertisers will grow only more complex this year, with ongoing trends including a federal regulatory retreat, more aggressive action by the states, a focus on child privacy and expanded scrutiny of "natural" claims, say attorneys at Reed Smith.

• Decoding The SEC's Plans To Revitalize The US IPO Market

  

  Chairman Paul Atkins' recent speech showcased the U.S. Securities and Exchange Commission's plans to ease certain disclosure burdens, rein in politicized shareholder voting and mitigate litigation risk, which could encourage more U.S. companies to seek public listings stateside and make U.S. stock exchanges more competitive for foreign companies, say attorneys at Baker McKenzie.