Expert Analysis

• How To Wield The Clarity Act As A Litigation Defense Tool

  

  The Clarity Act is being discussed as a future compliance statute, but for litigators it can be used as a present-day defense tool to strengthen fair‑notice framing, argue for forward‑looking remedies rather than punitive ones and reprice settlement leverage as statutory clarity approaches, say attorneys at Baker McKenzie.

• Series

  Law School's Missed Lessons: The Human Element

  

  Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

• As Justices Mull Suncor, Cos. Face New Climate Suit Realities

  

  Following the U.S. Supreme Court's recent decision to hear Suncor Energy v. Boulder County — its first case analyzing the litigation impact of the U.S. Environmental Protection Agency's rescission of its 2009 greenhouse gas endangerment finding — companies must consider new preemption questions surrounding climate lawsuits after the rescission, say attorneys at Hollingsworth.

• 7 Steps For Gov't Contractors In Post-IEEPA Tariff Landscape

  

  In response to U.S. Supreme Court's recent decision to strike down tariffs issued by the Trump administration under the International Emergency Economic Powers Act, there are several actions federal contractors should take to preserve their place in any refund waterfall, and to manage audit, overpayment and False Claims Act risk, say attorneys at Holland & Knight.

• How DExit, Mandatory Arbitration Could Alter IPO Outlook

  

  As companies continue to leave Delaware and the U.S. Securities and Exchange Commission begins allowing companies to implement mandatory arbitration provisions, these developments could have a major impact on the initial public offering, securities class action, and directors and officers insurance landscapes, says Walker Newell at Arthur J. Gallagher & Co.

• How High Court Recast State Sovereign Immunity In Galette

  

  The U.S. Supreme Court's unanimous ruling in Galette v. New Jersey Transit, asserting that the state-chartered transit agency has independent corporate personhood and sole obligation to pay judgments against it, turned on substance rather than form — and its analysis should be carefully reviewed in courthouses and statehouses, say attorneys at McCarter & English.

• Get Smart: Navigating The Genius Act's Regulatory Gaps

  

  While some recent Genius Act rulemaking has covered consumer protection issues within the stablecoin market, the context is generally narrow and the final outcome remains uncertain for financial institutions or companies in the evolving landscape, say attorneys at Paul Hastings.

• Opinion

  Ga. HOA Reform Bills Risk Undermining Local Governance

  

  Lawmakers considering several bills in Georgia that would centralize regulation of homeowners associations should acknowledge that effective reform needs to protect homeowners’ rights while preserving the financial and governance structures that allow communities to function, says Julie Howard at NowackHoward.

• Why Prediction Market Regulation Is At Major Inflection Point

  

  As prediction markets experience tremendous growth and rapid mainstream adoption, regulators have begun to exercise enforcement authority to ensure market integrity and protect participants, though forthcoming guidance will shed light on how aggressively the agencies will police the fast-changing landscape, say attorneys at Latham.

• How Cos. Should Prepare For NY RAISE Act Compliance

  

  With the New York Responsible AI Safety and Education Act taking effect March 19, state regulators will expect subject artificial intelligence governance policies to understand whether appropriate safeguards and protocols are in place to prevent or mitigate discriminatory or adverse outcomes by frontier models, says Michael Paulino at Gordon Rees.

• Compliance Takeaways Amid Increased Auto Finance Scrutiny

  

  Recent supervisory focus on consumer protection in auto finance by agencies such as the Federal Deposit Insurance Corp. provides meaningful signals regarding areas of heightened regulatory scrutiny for lenders, including data accuracy, AI risk management and vendor oversight, say attorneys at Snell & Wilmer.

• The Benefits Of Choosing A Niche Practice In The AI Age

  

  As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

• How PBMs Can Adapt To Plan Sponsors' Disclosure Demands

  

  As federal reforms, growing state regulation and litigation threats push plan sponsors to expect visibility into revenue streams, pharmacy benefit managers should leverage transparency strategically, including by simplifying how they get paid, offering clients audit-ready data and co-designing contracts that are easy for fiduciaries to explain and defend, says Kristie Blase at Frazer + Blase.

• Section 122 Tariffs Show Shift In Strategy, Not Trade Policy

  

  By imposing temporary tariffs under Section 122 of the Trade Act as a stopgap measure while it pivots to less transitory statutory authorities, the Trump administration sent a clear message that the U.S. Supreme Court’s decision in Learning Resources v. Trump, invalidating duties imposed under the International Emergency Economic Powers Act, will not precipitate a change in policy direction, say attorneys at Snell & Wilmer.

• What New Animal Welfare Enforcement Push Means For Cos.

  

  The Trump administration's recently announced multiagency focus on violations of the Animal Welfare Act and related laws will likely lead to broader enforcement actions across industries, heightened scrutiny of compliance standards and a need for businesses to adopt effective risk management practices, says Shennie Patel at Crowell & Moring.