Expert Analysis

• How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation

  

  On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.

• Prepping For 2026 Shifts In Calif. Workplace Safety Rules

  

  California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.

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  The Biz Court Digest: Welcome To Miami

  

  After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

• How AI Exec Order May Tee Up Legal Fights With States

  

  The Trump administration's draft executive order would allow it to challenge and withhold federal dollars from states with artificial intelligence laws, but until Congress passes comprehensive AI legislation, states may have to defend their regulatory frameworks in extended litigation, says Charles Mills, a clerk at the U.S. District Court for the Northern District of West Virginia.

• Recent Proposals May Spell Supervision Overhaul For Banks

  

  A slew of rules recently proposed by the federal banking agencies with approaching comment deadlines would rewrite supervision standards to be further tailored to banks' size and activities, while prioritizing financial risks over process, documentation and other nonfinancial risks, say attorneys at Davis Wright.

• 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.

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  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.