Expert Analysis

• Where DEI Stands After The Federal Crackdown In 2025

  

  The federal government's actions this year have marked a fundamental shift in the enforcement of antidiscrimination laws, indicating that diversity, equity and inclusion initiatives that perpetuate allegedly unlawful discrimination will face vigorous scrutiny in 2026, say attorneys at Jackson Lewis.

• Rule Update May Mean Simpler PFAS Reports, Faster Timeline

  

  The U.S. Environmental Protection Agency's recently proposed revisions to the Toxic Substances Control Act's per- and polyfluoroalkyl substances reporting rule would substantially narrow reporting obligations, but if the rule is finalized, companies will need to prepare for a significantly accelerated timeline for data submissions, say attorneys at Alston & Bird.

• What US Can Learn From Brazil's Securities Arbitration Model

  

  To allay investor concerns about its recent approval of mandatory arbitration clauses in public company registration statements, the U.S. Securities and Exchange Commission should look to Brazil's securities arbitration model, which shows that clear rules and strong institutions can complement the goals of securities regulation, say arbiters at the B3 Arbitration Chamber.

• Navigating The New Patchwork Of Foreign-Influence Laws

  

  On top of existing federal regulations, an expanding wave of state legislation — placing new limits on foreign-funded political spending and new registration requirements for foreign agents — creates a confusing compliance backdrop for corporations that demands careful preplanning, say attorneys at BakerHostetler.

• AI Evidence Rule Tweaks Encourage Judicial Guardrails

  

  Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

• Where Things Stand At The CFPB As Funding Dries Up

  

  The Consumer Financial Protection Bureau is on pace to run out of funding in the new year, threatening current and future rulemaking efforts, but a rapid series of recent actions still carries significant implications for regulated entities and warrants careful monitoring in the remaining weeks of the year, say attorneys at Brownstein Hyatt.

• Terrorist Label For Maduro Poses New Risks For US Firms

  

  The State Department's recent designation of President Nicolás Maduro, and other Venezuelan government and military officials, as members of a foreign terrorist organization drastically increases the level of caution companies must exercise when doing business in the region to mitigate potential civil, criminal and regulatory risk, say attorneys at Freshfields.

• Series

  The Law Firm Merger Diaries: Getting The Message Across

  

  Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

• How High Court Could Upend Campaign Spending Rules

  

  In National Republican Senatorial Committee v. Federal Election Commission, the U.S. Supreme Court will hear arguments about the constitutionality of coordinated party contribution spending caps, and its decision will have immediate practical effects just as the 2026 election gets underway, says Bill Powers at Spencer Fane.

• How Bank-Fintech Partnerships Changed In 2025

  

  The 2025 transition to the Trump administration, augmented by the reversal of Chevron deference in 2024, has resulted in unprecedented shifts, and bank-fintech partnerships are no exception, with key changes affecting a number of areas including charters, regulatory oversight and anti-money laundering, say attorneys at K&L Gates.

• New 'Waters' Definition Could Bring Clarity — And Confusion

  

  Federal agencies have proposed a new regulatory definition of "waters of the United States," a key phrase in the Clean Water Act — but while the change is meant to provide clarity, it could spark new questions of interpretation, and create geographic differences in how the statute is applied, say attorneys at Bracewell.

• 2 Early Settlement Alternatives In Federal Securities Litigation

  

  Most class actions brought under the federal securities laws are either settled or won by the defendants following a motion to dismiss, but two alternative strategies have the potential to lower discovery costs and allow defendants to obtain judgment without the uncertainty of jury trials on complex matters, says Richard Zelichov at DLA Piper.

• Opinion

  Horizontal Stare Decisis Should Not Be Casually Discarded

  

  Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

• Categorical Exclusions Bring New NEPA Litigation Risks

  

  With recent court rulings and executive actions shifting regulatory frameworks around the National Environmental Policy Act — especially regarding the establishment, adoption and use of categorical exclusions to expedite projects — developers must carefully evaluate the risks presented by this altered and uncertain legal landscape, says Stacey Bosshardt at Greenberg Traurig.

• DC Circ. Decision Reaffirms SEC Authority Post-Loper Bright

  

  The recent denial of a challenge to invalidate 2024 amendments to the U.S. Securities and Exchange Commission's tick size and fee-cap rules reinforces the D.C. Circuit's deference to SEC expertise in market structure regulation, even after Loper Bright, though implementation of the rules remains uncertain, say attorneys at Sidley.