Expert Analysis

• As Federal Water Regs Recede, Calif.'s Permitting Tide Rises

  

  The U.S. Supreme Court's 2023 decision in Sackett v. U.S. Environmental Protection Agency reduced federal protections for many wetlands and surface water features, but as California's main water regulator has made clear, many projects are now covered by state rules instead, which have their own complex compliance requirements, says Thierry Montoya at FBT Gibbons.

• How To Trademark A Guy In 8 Ways: An IP Strategy Against AI

  

  Attempting a novel method of protection against artificial intelligence misuse of his voice and likeness, Matthew McConaughey's recent efforts to register eight trademarks for a series of audio and video clips of himself underscore the importance of extending existing legal frameworks beyond traditional applications, says Summer Todd at Patterson Intellectual Property.

• Ambiguity Remains On Anti-DEI Grant Conditions

  

  Although a recent decision in City of Chicago and City of Saint Paul v. U.S. Department of Justice temporarily halts enforcement of anti-DEI conditions in federal grant applications, and echoes recent decisions in similar cases, companies remain at risk until the term “illegal DEI” is clarified, say attorneys at Moore & Van Allen.

• Utah's AI Prescription Renewal Pilot Could Inform Policy

  

  Utah recently became the first state to approve an artificial intelligence system for autonomously renewing certain prescription medicines, providing a test case for how regulators may be able to draw boundaries between administrative automation and medical judgment, say Jashaswi Ghosh at Holon Law Partners and Bryant Godfrey at Foley Hoag.

• Radiation Standard Shift Might Add Complications For Cos.

  

  In keeping with the Trump administration's focus on nuclear energy, the U.S. Department of Energy recently announced that it will eliminate the "as low as reasonably achievable" radiation protection standard for agency practices and regulations — but it is far from clear that this change will benefit the nuclear power industry, say attorneys at K&L Gates.

• Bipartisan Enforcement Is Rising In Consumer Finance

  

  Activity over the past year suggests a bipartisan state enforcement wave is rippling across the consumer finance industry, which follows a blueprint set out by former Consumer Financial Protection Bureau Director Rohit Chopra, who notably now leads a Democratic Attorneys General Association working group, say attorneys at Hudson Cook.

• How Attorneys Can Navigate Shifts In Financing Landscape

  

  Direct government investment in companies in strategic sectors is expected to continue this year, with legal practitioners facing increased demands to navigate hybrid capital structures, evolving regulatory considerations and the alignment of financing terms with long-term business and strategic objectives, say attorneys at Skadden.

• A Primer On Law Enforcement Self-Defense Doctrine

  

  In the wake of several shootings by federal immigration agents in Minneapolis, misconceptions persist about what the laws governing police use of force actually permit, and it’s essential for legal practitioners to understand the contours of the underlying constitutional doctrine, says Markus Funk at White & Case.

• Ramped Up Psychedelic Production Carries Opportunity, Risk

  

  Kimberly Chew at Husch Blackwell discusses the key legal implications of the U.S. Drug Enforcement Administration's recent dramatic increases in the production quotas for a range of psychedelic substances, offering guidance on compliance, risk management and strategic opportunities for practitioners navigating this rapidly evolving landscape.

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  Teaching Logic Makes Me A Better Lawyer

  

  Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

• New Biotech Nat'l Security Controls May Have Blunted Impact

  

  While the newly enacted federal prohibition against contracting with certain biotechnology providers associated with countries of concern may have consequences on U.S. companies' ability to develop drugs, the restrictions may prove to be less problematic for the industry than the significant publicity around their passage would suggest, say attorneys at Wilson Sonsini.

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  Law School's Missed Lessons: Practicing Resilience

  

  Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

• Takeaways From The DOJ Fraud Section's 2025 Year In Review

  

  Former acting Principal Deputy Chief Sean Tonolli of the U.S. Department of Justice's Fraud Section, now at Cahill Gordon, analyzes key findings from the section’s annual report — including the changes implemented to adapt to the new administration’s priorities — and lays out what to watch for this year.

• New State Regs On PFAS In Products Complicate Compliance

  

  The new year brought new bans and reporting requirements for per- and polyfluoroalkyl substances in half a dozen states — in many cases, targeting specific consumer product categories — so manufacturers, distributors and retailers must not only monitor their own supply chains, but also coordinate to ensure compliance, say attorneys at Morgan Lewis.

• Bid Protest Data Contradicts Claims That System Is Inefficient

  

  Recently released data debunks the narrative that the federal procurement system is overwhelmed by excessive or meritless bid protests, revealing instead that the process is healthy and functioning as intended, says Joshua Duvall at Duvy Law.