Expert Analysis

• Scope Issues For Cos. To Consider Ahead Of Cyber Rules

  

  As the Cybersecurity and Infrastructure Security Agency finalizes its proposed Cyber Incident Reporting for Critical Infrastructure Act rules, organizations can take steps to navigate the uncertainty that stems from inconsistent critical infrastructure sector definitions and overlapping sector boundaries, say attorneys at Wiley.

• DOJ Fraud Declination Highlights Self-Disclosure Tradeoffs

  

  As exemplified by the U.S. Department of Justice's declination of charges against Campus Eye Management under its new corporate enforcement policy, self-disclosure can be an attractive option for healthcare companies navigating criminal exposure, but should be weighed against potential costs, say attorneys at Morgan Lewis.

• What Nonbank Lenders Should Watch In 'Open Banking' Redo

  

  Nonbank mortgage lenders should prepare for several key changes in the Consumer Financial Protection Bureau's anticipated open banking rule rewrite that could reshape verification costs, vendor relationships and loan workflows, says Kara Ward at Baker Donelson.

• SEC's Long-Awaited Crypto Rule Is 1st Piece Of Larger Puzzle

  

  The U.S. Securities and Exchange Commission's recently proposed crypto rule provides issuers with a workable exempt offering framework but leaves holder-side questions for forthcoming rules, meaning compliance officers and counsel will have to work from an incomplete picture for now, says Josh Burton at Silver Regulatory Associates.

• DOE Energy Financing Overhaul Opens Paths For Developers

  

  The U.S. Department of Energy's Office of Energy Dominance Financing is now positioned to be a key source of support for energy and critical minerals development in the U.S., creating opportunities for companies seeking to advance projects that align with administration priorities, say attorneys at Mayer Brown.

• Opinion

  Justices Gave Energy Industry A Needed Constitutional Reset

  

  Energy companies must understand the regulatory and compliance implications of two recent U.S. Supreme Court rulings reaffirming that agencies must derive their legitimacy from faithfully executing the law, says Brunini Grantham's Curt Hébert, former member of the Federal Energy Regulatory Commission.

• Q3 Numbers Refine Picture Of SEC Enforcement Trajectory

  

  A snapshot of the U.S. Securities and Exchange Commission’s third-quarter enforcement actions suggest the program may be smaller than in prior years, but that it is increasingly concentrated around market abuse and individual misconduct, especially related to insider trading, say Adrienna Huffman, Jan Jindra and Erik Johannesson at The Brattle Group.

• What DOJ Fraud Division Rule Resolves, And What It Doesn't

  

  The U.S. Department of Justice’s recently published final rule answers many outstanding questions about the newly created National Fraud Enforcement Division, but overlapping mandates could result in parallel investigations and diverging viewpoints between multiple sets of prosecutors, say attorneys at Gibson Dunn.

• Banks Face Lighter CRA Burdens Under Regulators' Proposal

  

  Banking regulators' recently proposed rule to redo the framework under the Community Reinvestment Act would materially change which banks are subject to its most demanding requirements and how regulators evaluate lending, services, community development activities and strategic plans, says James Williams at Venable.

• Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

  

  A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

• 4 Ways‌ NY's Bivens Act Changes Civil Rights Legal Strategy

  

  New York state's new Bivens Act creates a statutory civil rights cause of action against federal officials, changing presuit investigations, discovery and settlement leverage, and creating an opportunity to pursue more structural changes — so plaintiffs counsel will need to adjust their civil rights litigation playbooks, say attorneys at Jacob Fuchsberg Law.

• FTC IonQ Review Unearths A Divide In Vertical Merger Remedy

  

  The Federal Trade Commission's recent split decision to close its investigation into the merger between IonQ and SkyWater Technology offers a candid window into how enforcers may approach vertical merger concerns after a string of difficult government cases, says Nicholas Cheolas at Wiley.

• Series

  Taekwondo Makes Me A Better Lawyer

  

  Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

• NC Crypto Kiosk Law Opens Door To Stricter Fraud Regs

  

  North Carolina's new cryptocurrency kiosk law will force operators to build fraud-screening, disclosure and compliance systems before the end of the year, while also providing an opening for more stringent city and county limits on kiosk placement and operations, say attorneys at Moore & Van Allen.

• Student Loan Suit Draws Line On Testimony In Trust Litigation

  

  A recent interlocutory opinion from the Southern District of New York shows securitization experts can explain servicing practices but cannot substitute for authenticated loan-level ownership proof or intent evidence, signaling that parties in student loan trust cases should sharpen recordkeeping and tracing strategies, says attorney Stanley Tate.