Expert Analysis

• How The ESG Investing Rule Survived Loper Bright, For Now

  

  A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.

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  Adapting To Private Practice: From DOJ Leadership To BigLaw

  

  The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

• Issues To Watch At ABA's Antitrust Spring Meeting

  

  Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

• Will Trump Order On Transgender Women In Sports Survive?

  

  Attorneys at Venable consider whether President Donald Trump's executive order banning transgender women from women's sports will survive legal challenges, and if it does, how federal agencies will enforce it.

• Reconciling 2 Smoke Coverage Cases From California

  

  As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.

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  NY Banking Brief: All The Notable Legal Updates In Q1

  

  The most noteworthy developments from the first quarter of the year in New York financial services include newly proposed regulations on overdraft fees, a groundbreaking settlement by the state attorney general, and a potentially precedent-setting opinion regarding the Electronic Fund Transfer Act, say attorneys at Quinn Emanuel.

• SEC Crypto Mining Statement Delivers Regulatory Clarity

  

  The U.S. Securities and Exchange Commission's March 20 statement clarifying that certain crypto mining activities do not constitute the offer and sale of securities marks the end of the SEC's enforcement-first approach and ushers in a more predictable environment for blockchain innovation and investment, says Jeonghoon Ha at Ha Law.

• State Extended Producer Responsibility Laws: Tips For Cos.

  

  As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.

• Law Firm Executive Orders Create A Legal Ethics Minefield

  

  Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

• Reviewing Calif. Push To Restrict Private Equity In Healthcare

  

  A recent proposed bill in California aims to broaden the state's existing corporate practice of medicine restrictions, so investors must ensure that there is clear delineation between private equity investment in practice management and physicians' clinical decision-making, say attorneys at Debevoise.

• NLRB Firing May Need Justices' Input On Removal Power

  

  President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.

• The OCC's Newly Relaxed Approach To Bank Crypto Activity

  

  With the early March rescission of Biden-era interpretive guidance, the Office of the Comptroller of the Currency has loosened its approach to regulating national banks and federal savings associations' crypto-asset activities, possibly removing one barrier to banks engaging in such activities, say attorneys at Debevoise.

• Contractor Remedies Amid Overhaul Of Federal Spending

  

  Now that the period for federal agencies to review their spending has ended, companies holding procurement contracts or grants should evaluate whether their agreements align with administration policies and get a plan ready to implement if their contracts or grants are modified or terminated, say attorneys at DLA Piper.

• 5 Steps To Promote Durable, Pro-Industry Environmental Regs

  

  The U.S. Environmental Protection Agency's planned wave of deregulation will require lengthy reviews, and could be undone by legal challenges and future changes of administration — but industry involvement in rulemaking, litigation, trade associations, and state and federal legislation can help ensure favorable and long-lasting regulatory policies, say attorneys at Balch & Bingham.

• Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike

  

  The persistent tension between the Trump administration's fast-moving and aggressive trade policies and the compliance-heavy nature of the trade industry creates implementation challenges for both the business community and the government, says Sara Schoenfeld at Kamerman.