Expert Analysis

• How AI Could Help Judges Spot Their Own Biases

  

  In close cases where there’s room for discretion, artificial intelligence could challenge judges’ implicit biases by running counterfactual tests at scale — but any judicial use of such tools would need guardrails, say Arnold Peter at Peter Law and Nancy Rapoport at University of Nevada.

• How Shift In Ohio Foreclosure Appeals Alters Lenders' Risk

  

  In a series of recent decisions, the Ohio Supreme Court changed who bears the risk of an erroneous foreclosure judgment while an appeal is pending, which means lenders should now budget for merits briefing, and underwriters should expect indemnity and escrow demands, says Terry Posey at Porter Wright.

• New Manhattan DA Task Force Puts Antitrust In Its Crosshairs

  

  The Manhattan District Attorney's Office's new corporate crime and antitrust task force is adding local criminal enforcement to a field long led by federal authorities, meaning companies need to account for potential parallel federal and state antitrust investigations when responding to misconduct, say attorneys at Ropes & Gray.

• 3 Strategies To Reduce AI Sycophancy In Legal Work

  

  The tendency of generative artificial intelligence models to tell users what they want to hear can reinforce attorneys’ confirmation bias when testing the strength of arguments, and it can’t simply be prompted away — but a few practices can help mitigate it, says Michael Ott at Ice Miller.

• 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

  

  In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

• 4 Steps For Cos. Amid Russia Sanctions Law Uncertainty

  

  Russian companies, their U.S. subsidiaries and businesses with Russian commercial relationships should take concrete steps to determine their exposure under ambiguous provisions of legislation that recently expanded the scope of U.S. sanctions, notwithstanding an Oct. 16 executive order waiving most of its restrictions, say attorneys at Wilk Auslander.

• Series

  Being In The Peace Corps Made Me A Better Lawyer

  

  When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

• Preventing HOA Bias After Wash. Ruling Highlights Risk

  

  Because homeowners nationwide can now draw on precedent from a recent Washington state appellate decision holding that state antidiscrimination law forbids homeowners associations from biased enforcement of their rules, common-interest communities should immediately work to mitigate their expanded exposure to postsale fair housing liability, says Brett Sullivan at Fennemore.

• Tracking The 2027 Va. Bills That May Tighten Data Center Regs

  

  Data center developers and operators should monitor Virginia legislation responding to the state's new data center accountability framework, local moratoria and the end of an electricity consumption tax, which could change review thresholds, impose new energy rules and slow the approval process, say attorneys at Holland & Knight.

• CFIUS Annual Report Reveals Enforcement Trends

  

  The Committee on Foreign Investment in the United States' recently published annual report to Congress shows that it is increasingly focused on nonnotified transactions, mandatory filing compliance, critical technologies and postclosing mitigation enforcement across the full life cycle transactions, say attorneys at Bass Berry.

• What Lawyers Should Know Before Accepting Crypto Payment

  

  As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

• Battles Over Murky Mineral Rights Stymie Pa. Energy Projects

  

  Legal wrangling over a recently passed Pennsylvania law could affect billions of dollars of mineral royalty payments, the status of subsurface property rights in the state and the ability of the Legislature to pass retroactive legislation that affects those rights, say attorneys at Flaster Greenberg.

• How Evergreen Language Can Sink Landlord Credit Support

  

  A recent pattern in court decisions interpreting letters of credit underscores the importance of using precise language when seeking evergreen protection, so landlords should seek explicit successive-renewal terms, verify issuer forms and calendar deadlines in order to preserve credit support, say attorneys at O'Melveny.

• Calif. Decision Shows Limits Of Self-Serving Testimony

  

  A California appellate court's recent opinion in a dispute between two home renovation partners is a reminder that where there are admissions or undisputed documentary evidence, litigants need more than self-serving testimony to overcome summary judgment, says Tyler Palmer at Tucker Ellis.

• Zillow-Redfin Settlement Spotlights Nontraditional-Deal Risk

  

  The Federal Trade Commission's recent settlement with Zillow and Redfin serves as a reminder that authorities are increasingly interested in challenging nontraditional transaction structures that effectively eliminate a market participant, which includes some exclusivity arrangements, say attorneys at Freshfields.