Expert Analysis

• SDNY Atty Signals Return To Private Fund Valuation Scrutiny

  

  Recent remarks by the U.S. Attorney for the Southern District of New York — hinting that regulators are renewing their focus on private fund advisers who overvalue portfolio assets to drive up investor fees — should prompt firms to review their valuation methodologies and address potential conflicts of interest now, say attorneys at Debevoise.

• IP Appellate Decisions Show 4 Shifts In 2025

  

  In 2025, intellectual property decisions issued by the Ninth, D.C., and Federal Circuits trended toward tightening doctrinal boundaries, whether to account for technological developments in existing legal regimes, or to refine areas with some ambiguity, says Nate Sabri at Perkins Coie.

• Series

  The Law Firm Merger Diaries: Forming Measurable Ties

  

  Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.

• Del. Dispatch: What Tesla Decision Means For Exec Comp

  

  The recent Delaware Supreme Court decision granting Tesla CEO Elon Musk his full pay, now valued at $139 billion, following a yearslong battle appears to reject the view that supersized compensation may be inherently unfair to a corporation and its shareholders, say attorneys at Fried Frank.

• Wis. Sanctions Order May Shake Up Securities Class Actions

  

  A Wisconsin federal court’s recent decision to impose sanctions on a plaintiffs law firm for filing a frivolous Private Securities Litigation Reform Act complaint in Toft v. Harbor Diversified may cause both plaintiffs and defendants law firms to reconsider certain customary practices in securities class actions, says Jonathan Richman at Brown Rudnick.

• 5 E-Discovery Predictions For 2026 And Beyond

  

  2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.

• Where States Jumped In When SEC Stepped Back In 2025

  

  The state regulators that picked up the slack when the U.S. Securities and Exchange Commission scaled back enforcement last year should not be underestimated as they continue to aggressively police areas where the SEC has lost interest and probe industries where SEC leadership has actively declined to intervene, say attorneys at Morgan Lewis.

• What's On Deck In Tribal Nations' Prediction Markets Litigation

  

  Native American tribes' response to the expansion of sports-based prediction markets enters a decisive phase this year, with appellate courts positioned to address whether federal commodities law permits nationwide offering of sports-based event contracts free from state and tribal gaming regulation, say attorneys at Holland & Knight.

• Reviewing Historical And Recent NYDFS Blockchain Guidance

  Excerpt from Practical Guidance

  

  An industry letter released in the fall by the New York State Department of Financial Services, together with guidance issued over the past decade, signals a heightened regulatory expectation for covered institutions regarding the use of blockchain analytics and requires review, says Nicole De Santis at Nomadis Consulting.

• SEC Virtu Deal Previews Risks Of Nonpublic Info In AI Models

  

  The U.S. Securities and Exchange Commission’s recent settlement with Virtu Financial Inc. over alleged failures to safeguard customer data raises broader questions about how traditional enforcement frameworks may apply when material nonpublic information is embedded into artificial intelligence trading systems, says Braeden Anderson at Gesmer Updegrove.

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  Judges On AI: How Courts Can Boost Access To Justice

  

  Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.

• Examining Privilege In Dual-Purpose Workplace Investigations

  

  The Sixth Circuit's recent holding in FirstEnergy's bribery probe ruling that attorney-client privilege applied to a dual-purpose workplace investigation because its primary purpose was obtaining legal advice highlights the uncertainty companies face as federal circuit courts remain split on the appropriate test, say attorneys at Proskauer.

• Hot Topics For Family Offices In 2026

  

  For family offices, the throughline of 2026 is disciplined readiness, as navigating impact from the One Big Beautiful Bill Act and platform maturation will be necessary to preserve flexibility and enhance client outcomes, say attorneys at Morgan Lewis.

• Opinion

  The Case For Emulating, Not Dividing, The Ninth Circuit

  

  Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.

• Banking M&A Outlook Reflects Favorable Regulatory Climate

  

  The banking mergers and acquisitions environment is starting 2026 with a rare alignment of favorable market conditions and a more permissive regulatory atmosphere, creating a clear window for banks to pursue transformative combinations and shape the competitive landscape, say attorneys at Reed Smith.