Expert Analysis

• Federal Grantees May Soon Face More Limitations On Speech

  

  If courts accept the administration’s new interpretation of preexisting case law, which attempts to graft onto grant recipients the existing limitations on government contractors' free speech, a more deferential standard may soon apply in determining whether an agency’s refusal or termination of a grant was in violation of the First Amendment, say attorneys at Venable.

• Strategies For Merchants As Payment Processing Costs Rise

  

  As current economic pressures and rising card processing costs threaten to decrease margins for businesses, retail merchants should consider restructuring how payments are made and who processes them within the evolving legal framework, says Tom Witherspoon at Stinson.

• 7 Areas To Watch As FTC Ends Push For A Noncompete Ban

  

  ​​​​​​As the government ends its push for a nationwide noncompete ban, ​employers who do not want to be caught without protections for legitimate business interests should explore supplementing their noncompetes by deploying elements of seven practical, enforceable tools, including nondisclosure agreements and garden leave strategies, say attorneys at Seyfarth.

• Shifting Crypto Landscape Complicates Tornado Cash Verdict

  

  Amid shifts in the decentralized finance regulatory landscape, the mixed verdict in the prosecution of Tornado Cash’s founder may represent the high-water mark in a cryptocurrency enforcement strategy from which the U.S. Department of Justice has begun to retreat, say attorneys at Venable.

• Opinion

  NYC Landlords Should Fight Unlawful Occupancy With 2 Laws

  

  New York City property owners should proactively use the Multiple Dwelling Law and Administrative Code to maintain the integrity of the city's housing market, safeguard tenant safety and keep unlawful occupancy disputes out of the already overwhelmed New York City Housing Court, say attorneys at Rosenberg & Estis.

• 5 Crisis Lawyering Skills For An Age Of Uncertainty

  

  As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.

• Blockchain May Offer The Investor Protection SEC Seeks

  

  As the U.S. Securities and Exchange Commission moves to control the ballooning costs of the consolidated audit trail and attempts to finally give regulators a unified, real-time picture of trading, blockchain demonstrates what it looks like when that kind of transparency is a baseline feature, not an aspirational overlay, says Tuongvy Le at Veda Tech Labs.

• Anticipating FTC's Shift On Unfair Competition Enforcement

  

  As the Federal Trade Commission signals that it will continue to challenge unfair or deceptive acts and practices under Section 5 of the FTC Act, but with higher evidentiary standards, attorneys counseling healthcare, technology, energy or pharmaceuticals clients should note several practice tips, says Thomas Stratmann at George Mason University.

• Opinion

  It's Time For The Judiciary To Fix Its Cybersecurity Problem

  

  After recent reports that hackers have once again infiltrated federal courts’ electronic case management systems, the judiciary should strengthen its cybersecurity practices in line with executive branch standards, outlining clear roles and responsibilities for execution, says Ilona Cohen at HackerOne.

• Recent Trends In Lending To Nonbank Financial Institutions

  

  Loans to nondepository financial institutions represent the fastest-growing bank lending asset this year, while exhibiting the cleanest credit profile and the lowest delinquency rate, but two recent bankruptcies also emphasize important cautionary considerations, says Chris van Heerden at Cadwalader.

• Opinion

  Crypto Bills' Narrow Scope Guarantees Continued Uncertainty

  

  The Digital Asset Market Clarity Act and Responsible Financial Innovation Act aim to make the $4 trillion crypto market more transparent and less susceptible to fraud, but their focus on digital assets sold in investment contract transactions promises continued uncertainty for the industry, says Joe Hall at Davis Polk.

• Rules Of Origin Revamp May Be Next Big Trade Development

  

  The rules of origin for determining what tariff applies to any given import appear to be on the cusp of an important rethink, and it seems likely that the administration will try to align the rule with its overall tariff strategy in one of three ways, says Ted Posner at Baker Botts.

• Considering Judicial Treatment Of The 2023 Merger Guidelines

  

  Courts have so far primarily cited the 2023 merger guidelines for propositions that do not differ significantly from prior versions of the guidelines, leaving it unclear whether the antitrust agencies will test the guidelines’ more aggressive theories, and how those theories will be treated by federal judges, say attorneys at Covington.

• Key Lessons From Youths' Suit Against Trump Energy Orders

  

  A Montana federal court's recent decision in Lighthiser v. Trump, dismissing a challenge by a group of young plaintiffs to President Donald Trump's executive orders promoting fossil fuels, indicates that future climate litigants must anchor their suits in discrete, final agency actions and statutory text, say attorneys at ArentFox Schiff.

• Federal Debanking Scrutiny Prompts Compliance Questions

  

  Recent U.S. Small Business Administration guidance sets forth requirements for preventing so-called politicized debanking and specific additional instructions for small lenders, but falls short on clarity for larger institutions, leaving lenders of all sizes with questions as they navigate this unique compliance challenge, say attorneys at Cooley.