Expert Analysis

• How Courts Treat Nonservice Clauses For Financial Advisers

  

  Financial advisers considering a job change should carefully consider recent cases that examine controlling state law for nonservice and nonacceptance provisions to prepare for potential legal challenges from former firms, says Andrew Shedlock at Kutak Rock.

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  The Biz Court Digest: Texas, One Year In

  

  A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.

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  Law School's Missed Lessons: Educating Your Community

  

  Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.

• Shifting Crypto Landscape Complicates Tornado Cash Verdict

  

  Amid shifts in the decentralized finance regulatory landscape, the mixed verdict in the prosecution of Tornado Cash’s founder may represent the high-water mark in a cryptocurrency enforcement strategy from which the U.S. Department of Justice has begun to retreat, say attorneys at Venable.

• 5 Crisis Lawyering Skills For An Age Of Uncertainty

  

  As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.

• Blockchain May Offer The Investor Protection SEC Seeks

  

  As the U.S. Securities and Exchange Commission moves to control the ballooning costs of the consolidated audit trail and attempts to finally give regulators a unified, real-time picture of trading, blockchain demonstrates what it looks like when that kind of transparency is a baseline feature, not an aspirational overlay, says Tuongvy Le at Veda Tech Labs.

• $2B PDVSA Ruling Offers Insight Into Foreign-Issued Debt

  

  A New York federal court's recent decision denying a request by PDVSA, Venezuela's state-owned oil company, to refuse enforcement of $2 billion in defaulted bonds serves as a guide for the scope of review required in assessing the validity of foreign-issued securities with New York choice-of-law provisions, say attorneys at Cleary.

• Del. Dispatch: Chancery Expands On Caremark Red Flags

  

  The Delaware Court of Chancery’s recent Brewer v. Turner decision, allowing a shareholder derivative suit against the board of Regions Bank to proceed, takes a more expansive view as to what constitutes red flags, bad faith and corporate trauma in Caremark claims, say attorneys at Fried Frank.

• Opinion

  It's Time For The Judiciary To Fix Its Cybersecurity Problem

  

  After recent reports that hackers have once again infiltrated federal courts’ electronic case management systems, the judiciary should strengthen its cybersecurity practices in line with executive branch standards, outlining clear roles and responsibilities for execution, says Ilona Cohen at HackerOne.

• Who Will Regulate Insider Trading In Prediction Markets?

  

  The possibilities for insider trading have greatly expanded in the brave new world of prediction markets, and both the U.S. Commodity Futures Trading Commission and U.S. Department of Justice could bring enforcement actions in the space, so businesses should revisit their insider trading and confidential information policies, say attorneys at Fenwick.

• Opinion

  Crypto Bills' Narrow Scope Guarantees Continued Uncertainty

  

  The Digital Asset Market Clarity Act and Responsible Financial Innovation Act aim to make the $4 trillion crypto market more transparent and less susceptible to fraud, but their focus on digital assets sold in investment contract transactions promises continued uncertainty for the industry, says Joe Hall at Davis Polk.

• Parody Defendants Are Finding Success Post-Jack Daniel's

  

  Recent decisions demonstrate that, although the U.S. Supreme Court's decision in Jack Daniel's v. VIP Products did benefit trademark plaintiffs by significantly limiting the First Amendment expressive use defense, courts also now appear to be less likely to find a parodic work likely to cause confusion, says Andrew Michaels at University of Houston Law Center.

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  Writing Novels Makes Me A Better Lawyer

  

  Writing my debut novel taught me to appreciate the value of critique and to never give up, no matter how long or tedious the journey, providing me with valuable skills that I now emphasize in my practice, says Daniel Buzzetta at BakerHostetler.

• SEC's No-Action Relief Could Dramatically Alter Retail Voting

  

  The U.S. Securities and Exchange Commission recently cleared the way for ExxonMobil to institute a novel change in retail shareholder voting that could greatly increase voter turnout, granting no-action relief that represents an effective and meaningful step toward modernizing the shareholder voting process and the much-needed democratization of retail investors, say attorneys at Cozen.

• SDNY OpenAI Order Clarifies Preservation Standards For AI

  

  The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything” approach, says Philip Favro at Favro Law.