Expert Analysis

• ERISA Litigation Trends To Watch With 2025 In The Rearview

  

  There were significant developments in Employee Retirement Income Security Act litigation in 2025, including plaintiffs pushing the bounds of sponsor and fiduciary liability and defendants scoring district court wins, and although the types of claims might change, ERISA litigation will likely be just as active in 2026, say attorneys at Groom Law.

• 2025's Defining AI Securities Litigation

  

  Three securities litigation decisions from 2025 — involving General Motors, GitLab and Tesla — offer a preview of how courts will assess artificial intelligence-related disclosures, as themes such as heightened regulatory scrutiny and risk surrounding technical claims are already taking shape for the coming year, say attorneys at Cooley.

• How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases

  

  Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.

• Key Trends For Life Sciences Cos. To Watch In 2026

  

  Following a year of drastic change at the U.S. Food and Drug Administration, two themes are likely to drive the coming year — a commitment to lowering the cost of drugs and an inherent tension between the priorities of the health agencies and the broader administration, say attorneys at Sheppard Mullin.

• What To Know About NY's Drastic 3rd-Party Practice Changes

  

  Last month, New York Gov. Kathy Hochul signed a law establishing new time limits for the commencement of third-party actions, which will have dramatic effects on insurance defense practice, particularly cases involving construction site accidents or claims of premises liability, says Shawn Schatzle at Lewis Brisbois.

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  Mass. Banking Brief: All The Notable Legal Updates In Q4

  

  Among the most significant developments on the banking regulation front in Massachusetts last quarter, Attorney General Andrea Joy Campbell announced her bid for reelection, and the state Division of Banks continued its fintech focus by finalizing rules implementing a new money transmitter law, say attorneys at Nutter.

• 3 DC Circ. Rulings Signal Shift In Search And Seizure Doctrine

  

  A trio of decisions from courts in the District of Columbia Circuit, including a recent order compelling prosecutors to return materials seized from James Comey’s former attorney, makes clear that continued government possession of digital evidence may implicate the Fourth Amendment, says Gregory Rosen at RJO.

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  Muay Thai Makes Me A Better Lawyer

  

  Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.

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  Law School's Missed Lessons: Intentional Career-Building

  

  A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.

• How Changes At The IRS Will Affect Tax Controversy In 2026

  

  Taxpayers will need to adjust approaches to dealing with the IRS in 2026, as the agency is likely to shift its audit strategies and increases reliance on technology following the significant reductions in funding and personnel last year, say attorneys at Crowell & Moring.

• Chancery Exec Noncompete Ruling Offers PE Buyer Lessons

  

  In Derge v. D&H United Fueling Solutions, the Delaware Court of Chancery sided with a private equity-backed portfolio company by enforcing a noncompete against an executive, providing private equity buyers with a checklist of factors for an enforceable noncompete in the sale-of-business context, says Danielle Asaad at Squire Patton.

• Key Trends In PFAS Regulation And Litigation For 2026

  

  As 2026 begins, the legal and regulatory outlook for per- and polyfluoroalkyl substances is defined less by sweeping federal initiatives and more by incremental adjustments, judicial guardrails and state-driven regulations — an environment in which proactive risk management and close monitoring of policy developments will be essential, say attorneys at MG+M.

• Navigating Workplace AI When Federal, State Policies Clash

  

  Two recent federal bills and various state laws concerning employers' artificial intelligence use may clash with an executive order calling for minimal regulation, so employers should proactively monitor their AI usage and stay apprised of legislative updates while awaiting further direction from the federal government, say attorneys at Foley & Lardner.

• State AG Enforcement During CFPB Gap Predicts 2026 Trends

  

  State attorneys general responded to the decrease in Consumer Financial Protection Bureau enforcement in 2025 by stepping in to regulate consumer finance more than ever before, and the trends in rebooting CFPB investigations, cracking down on ESG and DEI initiatives, and fighting financial exploitation of homeowners will likely extend into 2026, say attorneys at Cozen O'Connor.

• Trending At The PTAB: The Policies That Are Redefining IPR

  

  The evolution of the Patent Trial and Appeal Board's inter partes review institution regime last year, coupled with the policy considerations behind that evolution, marks a shift toward greater gatekeeping of the U.S. Patent and Trademark Office's resources and patent enforcement rights, say attorneys at Finnegan.