Expert Analysis

• Opinion

  Futures Market Anonymity Now Presents A Structural Problem

  

  Following anomalous trading on prediction markets just before major recent policy announcements from the Trump administration, many have called on Congress to act, but the problem is not primarily a statutory gap — it is a structural one, built into the self-regulatory model that governs futures exchanges, says Tamara de Silva at De Silva Law Offices.

• How Calif. Safety Worker Pension Bill Could Cost Employers

  

  Public employers should carefully consider how pension costs and bargaining concerns could change under a California Legislature bill that would increase retirement benefits for safety employees like police and firefighters, which could erode previous efforts to fully fund the public retirement system without necessarily improving worker retention, says Michael Youril at Liebert Cassidy.

• Opinion

  Judicial Restraint Anchors Constitutional Order

  

  Contrasting opinions in two recent U.S. Supreme Court rulings — Trump v. CASA and Bost v. Illinois State Board of Elections — demonstrate how the judiciary’s constitutionally entrusted role can easily be preserved or disrupted, and invite renewed attention to the enduring importance of judicial restraint, says Ninth Circuit Judge J. Clifford Wallace.

• 'Made In America' Rules Raise Stakes For Gov't Contractors

  

  The convergence of widely varying "buy American" requirements, increased enforcement efforts and continuing regulatory attempts to limit foreign sourcing suggests that government contractors should carefully review their supply chain and country-of-origin compliance to remain competitive, say attorneys at Arnold & Porter.

• Human Authorship Is Still Central To Copyright Eligibility

  

  In declining to review the D.C. Circuit's ruling in Thaler v. Perlmutter — holding that a work purely generated by artificial intelligence cannot be copyrighted — the U.S. Supreme Court has reinforced the human authorship requirement, so it is critical for creators of AI-assisted projects to document their involvement, say attorneys at Morgan Lewis.

• Recent Bank Resolution Filings Stress Readiness Over Docs

  

  Against the backdrop of banking regulators' recent emphasis on institutional readiness in the event of a bank failure, a review of more than a dozen public resolution plan submissions points to an immediate future in which regulators and banks alike prioritize operational preparedness over extensive documentation, say attorneys at Moore & Van Allen.

• Series

  Alpine Skiing Makes Me A Better Lawyer

  

  Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

• 3 Federal Policy Trends Shaping Data Center Power

  

  With the White House, the Federal Energy Regulatory Commission and Congress each pushing energy policies that will influence how data centers are sited, powered and interconnected for years to come, industry stakeholders should understand compliance obligations, consider possible downstream effects, and evaluate off-grid and self-supply energy options, say attorneys at ArentFox Schiff.

• NY Tax Talk: Calculating Tiered Partnership Income

  

  Attorneys at Eversheds Sutherland discuss how the potential impact recent New York City Tax Appeals Tribunal decision in Matter of Cantor Fitzgerald holding that the entity approach should be used by tiered partnerships to compute unincorporated business tax liability, why the issue of the proper approach remains unsettled and the broader implications for federal conformity and administrative agency deference.

• FDA Guidance May Move Goalposts For Form 483 Responses

  

  New draft guidance from the U.S. Food and Drug Administration provides formal insight on how drug manufacturers are expected to respond to Form 483s, raising some concerns about the agency's timelines and expectations, say attorneys at Cooley.

• Understanding The SEC's Consequential Crypto Guidance

  

  The U.S. Securities and Exchange Commission's recent interpretive release — its most comprehensive statement ever on the application of the federal securities laws to crypto-assets — reimagines the Howey test to resolve long-standing questions over what is a security, but leaves many issues unresolved, say attorneys at Cahill.

• Ohio Case Reflects States' Aggressive Criminal Antitrust Turn

  

  The Ohio Attorney General's Office’s recent bid-rigging indictment of an online auctioneer is the latest signal that states, through attorneys general pursuing more kickback cases and legislators expanding the reach of antitrust laws, are shedding their historical reluctance to wield their criminal antitrust enforcement powers, say attorneys at Arnold & Porter.

• Justices' Geofence Ruling May Test 4th Amendment's Future

  

  When the U.S. Supreme Court decides in Chatrie v. U.S. whether law enforcement may use geofence warrants to compel Google to disclose location history data, the ruling is likely to become an important statement about the future of Fourth Amendment law in data-driven investigations, says Duncan Levin at Levin & Associates.

• Series

  NY Banking Brief: All The Notable Legal Updates In Q1

  

  In the first quarter of 2026, New York's banking developments were headlined by initiatives to expand oversight of financial institutions and strengthen consumer protection laws, including a new framework for buy now, pay later lenders, a sweeping debt collection rule and a revised corporate self-disclosure program for financial crimes, say attorneys at Proskauer.

• Seeking A Policy Fix As Merger Reporting Fight Continues

  

  A recently announced request by the Federal Trade Commission and U.S. Department of Justice for public comment on the Hart-Scott-Rodino premerger reporting requirements, as litigation challenging the commission's updated requirements continues, suggests the government's willingness to address how best to support modern merger enforcement without unduly burdening filing parties, say attorneys at Baker Botts.