Expert Analysis

• Fresenius Ruling May Shift Anti-Kickback Enforcement

  

  The Ninth Circuit's recent decision in Fresenius v. Bonta suggests that businesses have a First Amendment right to donate to certain charities, even if those donations are motivated by economic self-interest, potentially calling into question years of Anti-Kickback Statute proceedings against pharmaceutical manufacturers for making similar donations, says Jonah Knobler at Patterson Belknap.

• Written Consent Ruling May Signal Change For Telemarketing

  

  The Fifth Circuit's ruling in Bradford v. Sovereign Pest Control is a takedown of the Federal Communications Commission's prior express written consent regulation, and because Loper Bright empowers courts to disregard agency interpretations, Telephone Consumer Protection Act litigants now have an opportunity to challenge previously settled FCC regulations, orders and interpretations, say attorneys at Manatt.

• Prediction Market Platform Probes Merit Strategic Responses

  

  As the battle over the regulation of prediction markets is being waged between states and the federal government, investigations into insider trading allegations are increasingly originating from inside the exchanges themselves, creating obvious risks for market participants — as well as opportunities, say attorneys at Kobre & Kim.

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  Law School's Missed Lessons: How To Draft Pleadings

  

  Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

• Tokenized Securities Have Capital Parity, But Details Matter

  

  Recent guidance from the federal banking agencies clarifies that the use of distributed ledger technologies to issue and transact in securities will not affect the capital treatment of those instruments, but banks looking to apply parity treatment to tokenized securities should be prepared to document their qualification processes, say attorneys at Davis Polk.

• What Employers Should Know About Wash. Noncompete Ban

  

  Washington state recently passed one of the most expansive prohibitions on noncompetes in the country, marking a significant shift in the state's approach to restrictive covenants and requiring employers to carefully assess how this change will affect their current and future agreements, say attorneys at Cozen.

• Mitigating Multistate Risks As California Expands Tax Reach

  

  Though California's new sourcing rules and extension of the pass-through entity election have created uncertainty, practitioners should file protective returns to respect the law's ambiguity and take certain other steps to protect clients from the costs of losing a future audit, says attorney Delina Yasmeh.

• Crypto Trading App Statement Advances SEC's New Direction

  

  While the U.S. Securities and Exchange Commission's staff statement from last week carving out an exemption from broker-dealer registration for crypto-trading apps isn't a formal or permanent rule, it's the clearest signal yet of a quickly emerging coherent regulatory framework for digital assets, says Stephen Aschettino at Fox Rothschild.

• How Cos. Can Prep For Conn. Data Privacy Amendments

  

  Effective July 1, 2026, amendments to the Connecticut Data Privacy Act narrow the safe harbor for data used by banks, insurance companies and other financial services businesses, highlighting how state regulators plan to focus on how companies handle sensitive data and honor the data rights of the state's residents, say attorneys at Day Pitney.

• E-Discovery Quarterly: Recent Rulings On ESI Control

  

  Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

• Record Penalty Sets Stage For FinCEN Whistleblower Awards

  

  The Financial Crimes Enforcement Network’s record $80 million penalty against Canaccord, together with the agency's recently proposed rule on whistleblower awards, signals an increasingly aggressive enforcement posture and illustrates the significant financial stakes associated with reporting violations, says Marlene Koury at Constantine Cannon.

• How Guidance Narrows Federal Telework Accommodations

  

  A recent FAQ from the U.S. Equal Employment Opportunity Commission and the U.S. Office of Personnel Management offers agencies several ways to narrow telework as an accommodation for federal employees, including through in-office alternatives, revisiting prior approvals and substituting leave for situational telework, says Lori Kisch at Kalijarvi Chuzi.

• What GAO Report Reveals About CFPB Cutbacks

  

  The U.S. Government Accountability Office's first report on the downsizing of the Consumer Financial Protection Bureau details an agency facing less funding and aggressive efforts to shrink its workforce and docket — suggesting that the bureau will face sharper choices about where to deploy staff and litigation resources, say attorneys at Troutman.

• Anticipating The Justices' Potential Ruling On Tax Takings

  

  Recent oral arguments in the U.S. Supreme Court case Pung v. Isabella focused on rules for valuation, timing and administrability of tax auction proceeds and whichever method the court adopts for determining just compensation, it will have far-reaching impacts on tax collection, homeowners' equity and the secondary market for tax-foreclosed property, say attorneys at Holland & Knight.

• Calif. Truck Regs Now Require Multiple Compliance Strategies

  

  California's various vehicle and truck emissions programs now move on different legal tracks, impose different obligations and create different business risks on different timelines — so companies that treat them as one package subject to a federal Clean Air Act waiver risk missing deadlines and mispricing contracts, says Thierry Montoya at FBT Gibbons.