Expert Analysis

• New FCPA Guidance May Flip The Whistleblowing Script

  

  The U.S. Department of Justice’s updated Foreign Corrupt Practices Act guidelines lay out a new incentive structure that may put multinational U.S.-based companies in an unusual offensive whistleblowing position, potentially spurring them to conduct external investigations of their foreign rivals, says Markus Funk at Perkins Coie.

• Opinion

  GENIUS Act Could Muck Up Insolvency Proceedings

  

  While some of the so-called GENIUS Act's insolvency provisions are straightforward, others run the risk of jeopardizing the success of stablecoin issuers' insolvency proceedings and warrant another look from Congress, say attorneys at Morgan Lewis.

• How McKesson Ruling Will Inform Interpretations Of The TCPA

  

  Amid the U.S. Supreme Court's ruling in McLaughlin Chiropractic Associates v. McKesson, we can expect to see both plaintiffs and defendants utilizing the decision to revisit the Federal Communications Commission's past Telephone Consumer Protection Act interpretations and decisions they did not like, says Jason McElroy at Saul Ewing.

• A Look At Florida's New Protected Series LLC Legislation

  

  A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.

• Series

  Calif. Banking Brief: All The Notable Legal Updates In Q2

  

  The second quarter saw California become a more active protector of consumers in response to federal regulatory pullback, with regulators proposing a licensing framework for digital asset businesses, ending an enforcement exemption and otherwise signaling further expansions of oversight and enforcement, say attorneys at Stinson.

• Justices Rethink Minimum Contacts For Foreign Entities

  

  Two recent U.S. Supreme Court decisions, Devas v. Antrix and Fuld v. Palestine Liberation Organization, suggest that federal statutes may confer personal jurisdiction over foreign entities that have little to no contact with the U.S. — a significant departure from traditional due process principles, says Gary Shaw at Pillsbury.

• Opinion

  New USPTO Leadership Must Address Low-Quality Patents

  

  With John Squires in line to become the new director of the U.S. Patent and Trademark Office, the agency has an opportunity to refocus its mission on prioritizing quality in patent examination and taking a harsher stance against low-quality patents and patent trolls, says Jill Crosby at Engine Advocacy & Foundation.

• Harmonized Int'l Framework May Boost Advanced Aircraft

  

  International differences in the certification process for advanced air mobility aircraft make the current framework insufficient — but U.S. Secretary of Transportation Sean Duffy's recent announcement of a standards harmonization effort may help promote these innovative aviation technologies, while maintaining safety, say attorneys at Morgan Lewis.

• Capital One Deal Approval Lights Up Path For Bank M&A

  

  The federal banking regulators' recent approval of Capital One's acquisition of Discover signals the agencies' willingness to approve large transactions and a more favorable environment generally for bank mergers under the Trump administration, say attorneys at Arnold & Porter.

• Bills' Defeat Means Brighter Outlook For Texas Renewables

  

  The failure of a trio of bills from the recently concluded Texas legislative session that would have imposed new burdens on wind, solar and battery storage projects bodes well for a state with rapidly growing energy needs, say attorneys at Troutman.

• Examining TCPA Jurisprudence A Year After Loper Bright

  

  One year after the U.S. Supreme Court overturned Chevron deference in Loper Bright v. Raimondo, lower court decisions demonstrate that the Telephone Consumer Protection Act will continue to evolve as long-standing interpretations of the act are analyzed with a fresh lens, says Aaron Gallardo at Kilpatrick.

• Opinion

  State Bars Must Probe Misconduct Claims, Even If It's The AG

  

  The Florida Bar’s recent refusal to look into misconduct allegations against Attorney General Pam Bondi is dangerous for the rule of law, and other lawyer disciplinary bodies must be prepared to investigate credible claims of ethical lapses against any lawyer, no matter their position, say attorneys James Kobak and Albert Feuer.

• New FCPA Guidance Creates 5 Compliance Imperatives

  

  In light of new Foreign Corrupt Practices Act guidelines that mark a fundamental shift in enforcement priorities, companies should consider several specific steps to ensure compliance, from enhanced due diligence to robust whistleblower protections, says Andrew Wirmani at Reese Marketos.

• How Justices' Ruling Limits Options To Challenge DHS Orders

  

  In Riley v. Bondi, the U.S. Supreme Court recently ruled that a 30-day deadline for challenging deportation orders begins when the U.S. Department of Homeland Security issues a final administrative review order, opening the door for the government to effectively bar circuit court review in future similar cases, says Kevin Gregg at Kurzban Kurzban.

• Series

  Playing The Violin Makes Me A Better Lawyer

  

  Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.