Expert Analysis

• Opinion

  At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

  

  In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

• What Colorado AI Law's Major Rewrite Means For Employers

  

  Colorado's landmark law regulating employers' use of artificial intelligence tools was recently replaced with a narrower regime that eliminates many burdensome obligations, but still imposes a host of requirements focused on transparency and accountability, say attorneys at Proskauer.

• Operational AI Washing: The Next Frontier Of Fiduciary Risk

  

  While there are still no final Delaware decisions applying Caremark specifically to artificial intelligence governance failures, previous case law provides a blueprint, so the question for boards is whether their governance architectures will satisfy Caremark when the first cases are decided, say attorneys at Akerman.

• A Look At The Court's Next Steps In Live Nation Antitrust Case

  

  Following a recent jury verdict that Live Nation and Ticketmaster operated as a monopoly to fix ticket prices, a New York federal court stands to weigh Live Nation's bid for a new trial, approve the U.S. Department of Justice's March settlement with the defendants, and impose remedies that include full structural separation, say attorneys at Crowell.

• How Crypto Firms Can Prep As Clarity Act Inches Toward Law

  

  Though the Digital Asset Market Clarity Act’s road to enactment remains uncertain, the statutory framework for regulating digital commodities recently advanced by the Senate Banking Committee is now sufficiently developed that market participants can begin preparing in several areas where the complicated legislation would affect them, say attorneys at Cahill Gordon.

• Checking For AI Errors Is Now A Two-Way Street

  

  A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

• Opinion

  SEC Enforcement Reforms Must Address Post-Wells Limbo

  

  The U.S. Securities and Exchange Commission's recent changes to how it notifies companies of a potential enforcement action fail to address what happens after the Wells process is over, highlighting the need for meaningful process reform that includes a formal closure determination, says Kimble Cannon at Mahdavi Bacon.

• Green Card Memo Warps Long-Standing Adjustment Process

  

  A recent policy memorandum that treats a nonimmigrant visa holder’s decision to seek adjustment of status in the U.S., rather than at a U.S. consulate, as an adverse factor reinterprets existing discretionary frameworks, compounds risks for applicants required to apply abroad and changes practitioner approaches to application preparation, says attorney Jack Jrada.

• Opinion

  Congress Must Bolster Wrongful Conviction Framework

  

  The Trump administration's recent decision to abandon its flawed “anti-weaponization” fund should not end the conversation about compensating those wronged by the U.S. justice system, — it should open the door for Congress to build a principled system that strengthens and expands the existing framework, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

• Series

  The Biz Court Digest: Shoring Up Corporate Law In Maryland

  

  Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

• How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

  

  The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

• 7 Ways Va. Employers Can Prep For New Noncompete Limits

  

  As of July 1, Virginia noncompete agreements with employees fired without "cause" must provide "severance benefits" — but with those key terms undefined, employers should implement several flexible but defensible compliance strategies to limit their exposure once the rule is rolled out, say attorneys at Cooley.

• Data Collection Push Signals New Era For Bank Compliance

  

  An executive order pushing for broad bank collection of beneficiary data and a Financial Crimes Enforcement Network geographic targeting order in Minnesota should prompt financial institutions to run checks on customer diligence and privacy controls, as these directives may be part of a wider compliance shift, say attorneys at Faegre Drinker.

• Federal Officer Removal After Justices' La. Pollution Ruling

  

  In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

• Series

  Competing At Poker Makes Me A Better Lawyer

  

  Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.