Expert Analysis

• 5 Trade Secret Developments To Follow In 2026

  

  Watch for major developments in trade secret law this year, especially as courts clarify the reach of U.S. law internationally, the availability of trade secret damages and more, say attorneys at Faegre Drinker.

• Navigating AI In The Legal Industry

  

  As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.

• How 2026 NDAA May Ease Entry To Defense Contracting

  

  Reforms to implement a warfighting acquisition system included in the 2026 National Defense Authorization Act, signed on Dec. 18, are likely to reduce the burdens, risks and barriers that have previously impeded nontraditional defense contractors, say attorneys at Haynes Boone.

• Regulatory Rollback And Lingering Limbo: The CFPB In 2025

  

  The Consumer Financial Protection Bureau has implemented significant changes since President Donald Trump took office in January, including dismissing actions with prejudice, withdrawing guidance and rescinding rules, casting the bureau in uncertain light heading into 2026, say attorneys at Mayer Brown.

• Nuclear Power Pitfalls And Opportunities To Watch For In 2026

  

  Shepherding nuclear power projects to completion requires navigating more risks and obligations than almost any other infrastructure undertaking, but with the right strategies, states, developers, vendors and contractors can overcome these hurdles in 2026 and beyond, say attorneys at Squire Patton.

• 2025 Calif. Banking Oversight Centered On Consumer Issues

  

  The combination of statutory reform, registration mandates and enforcement activity in 2025 signals that California's financial regulatory landscape is focused on consumer protection, particularly in the areas of crypto kiosk fee practices, earned wage access providers and elder fraud, say attorneys at Ropes & Gray.

• A 6th Circ. Snapshot: 3 Cases That Defined 2025

  

  With more than a thousand opinions issued this year, three rulings from the Sixth Circuit stood out for the impact they'll have on the practice of civil procedure, including a net neutrality decision, a class certification standards ruling and an opinion about vulgarity in school, say attorneys at Ice Miller.

• Sports Gambling Scrutiny Expands Risks For Teams, Leagues

  

  The Minnesota attorney general recently sent warning letters to 14 website operators for offering what the state considers illegal online gambling, demonstrating why the sports industry, including teams and leagues, should ask critical questions about organizational compliance, internal controls and potential criminal liability, say attorneys at Stinson.

• The CFTC's Road Ahead Under Newly Confirmed Chair

  

  Michael Selig's Dec. 18 confirmation as U.S. Commodity Futures Trading Commission chair comes at a critical juncture, as the agency is poised to gain oversight over the crypto industry and increase its jurisdictional mandate covering prediction markets, says Elizabeth Lan Davis at Davis Wright.

• How Fractional GCs Can Manage Risks Of Engagement

  

  As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.

• SEC Rulemaking Radar: A Reset, A Shift And A Preview Of '26

  

  With major proposals withdrawn and new priorities emerging, forthcoming U.S. Securities and Exchange Commission proposals in 2026 will look to reshape how digital assets are regulated, recalibrate market structure and simplify how small companies go public, says Christopher Grobbel at Goodwin.

• Changes In Crypto, Cybersecurity Defined NY Banking In 2025

  

  The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.

• Opinion

  Justices Should Clarify Loper Bright Doctrine Via Patent Case

  

  The U.S. Supreme Court should use the Lynk Labs v. Samsung patent case to provide urgently needed guidance on how last year’s Loper Bright decision should be applied to real-world questions of agency authority in the post-Chevron world, says Timothy Hsieh at Oklahoma City University School of Law.

• How OECD Tax Update Tackles Mobile Workforce Complexity

  

  The Organization for Economic Cooperation and Development’s recently updated model tax convention — a recalibration of international tax principles in response to an increasingly mobile workforce — should prompt companies to reevaluate cross-border operations, transfer pricing policies and tax controversy strategies, say attorneys at Eversheds.

• Reviewing 2025's Most Pertinent Wiretap Developments

  

  2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.