Expert Analysis

• Navigating The SEC's Evolving Foreign Private Issuer Regime

  

  As the U.S. Securities and Exchange Commission reevaluates foreign private issuer eligibility, FPIs face not only incremental compliance costs but also a potential reshaping of listing strategies, capital access, enforcement exposure and global regulatory coordination, potential unintended effects that deserve further exploration, say attorneys at Simpson Thacher.

• New Conn. Real Estate Laws Will Reshape Housing Landscape

  

  With new legislation tackling Connecticut's real estate landscape, introducing critical new requirements and legal ambiguities that demand careful interpretation, legal counsel will have to navigate a significantly altered and more complex regulatory environment, say attorneys at Harris Beach.

• USPTO Under Squires: A Look At The First Month

  

  New U.S. Patent and Trademark Office Director John Squires' opening acts — substantive and symbolic — signal a posture that is more welcoming to technological improvements and focused on rebalancing the office's gatekeeping role, say attorneys at Seyfarth.

• Iran Sanctions Snapback Raises Global Compliance Risks

  

  ​The reimplementation of U.N. sanctions targeting Iran’s nuclear program​, under a Security Council resolution​'s snapback mechanism, and​ related actions in Europe and the U.K., may change U.S. due diligence expectations and enforcement policies, particularly as they apply to non-U.S. businesses that do business with Iran, says John Sandage at Berliner Corcoran.

• Hermes Bags Antitrust Win That Clarifies Luxury Tying Claims

  

  A California federal court recently found that absent actual harm to competition in the market for ancillary products, Hermes may make access to the Birkin bag contingent on other purchases, establishing that selective sales tactics and scarcity do not automatically violate U.S. antitrust law, say attorneys at Holland & Knight.

• Glimmers Of Clarity Appear Amid Open Banking Disarray

  

  The Consumer Financial Protection Bureau's vacillation over data rights rules has created uncertainty, but a recent proposal is a strong signal that open banking regulations are here to stay, making now the ideal time for entities to take action to decrease compliance risk, says Adam Maarec at McGlinchey Stafford.

• Opinion

  High Court, Not A Single Justice, Should Decide On Recusal

  

  As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

• Md. Ruling Spotlights Source-Of-Income Discrimination

  

  In Hare v. David S. Brown Enterprises, the Maryland Supreme Court recently ruled that landlords cannot impose income requirements that disqualify tenants relying on housing vouchers, raising questions about applying the disparate impact doctrine in source-of-income discrimination cases, says Yvette Pappoe at the University of the District of Columbia.

• FTC's Consumer Finance Pivot Brings Industry Pros And Cons

  

  An active Federal Trade Commission against the backdrop of a leashed Consumer Financial Protection Bureau will be welcomed by most in the consumer finance industry, but the incremental expansion of the FTC's authority via enforcement actions remains a risk, say attorneys at Hudson Cook.

• How A New BIS Rule Greatly Expands Export Restrictions

  

  The newly effective affiliates rule from the U.S. Department of Commerce's Bureau of Industry and Security restricts exports to foreign companies that are 50% or more owned by entities listed on the BIS entity list and the military end-user list — a major shift in U.S. export control enforcement, say attorneys at Simpson Thacher.

• How Gov't Reversals Are Flummoxing Renewable Developers

  

  The Trump administration has reversed numerous environmental and energy policies, some of which have then been reinstated by the courts, making it difficult for renewable energy project developers to navigate the current regulatory environment, says John Watson at Spencer Fane.

• USPTO Panel's Reversal Signals A Shift On AI Patents

  

  A recent patent ruling from a U.S. Patent and Trademark Office panel shows that artificial intelligence technologies remain patent-eligible when properly framed as technical solutions, and provides valuable drafting lessons for counsel, say attorneys at Butzel Long.

• Series

  Traveling Solo Makes Me A Better Lawyer

  

  Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.

• Opinion

  DOJ's Tracing Rule For Pandemic Loan Fraud Is Untenable

  

  In conducting investigations related to COVID-19 relief fraud, the government's assertion that loan proceeds are nonfungible and had to have been segregated from other funds is unsupported by underlying legislation, precedent or the language establishing similar federal relief programs, say Sharon McCarthy, Jay Nanavati and Lasya Ravulapati at Kostelanetz.

• Series

  Law School's Missed Lessons: Client Service

  

  Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.