Expert Analysis

• How To Reconcile AI Opacity And Advisers' Fiduciary Duties

  

  Firms that treat fiduciary compliance as a foundation for responsible artificial intelligence adoption will be best positioned when the U.S. Securities and Exchange Commission moves from implicit expectations to explicit rules regarding advisers' core duties, as those are unlikely to change, says Ivor Wolk at Manatt.

• Insider Trading Safeguards Can Mitigate Sports Betting Risk

  

  As the rapid growth of sports betting heightens the risk that sensitive information held by coaches, players and staff may be improperly exploited, sports organizations can look to the securities context to safeguard information and address potential misconduct, say attorneys at Patterson Belknap.

• Bet On Prediction Market Regulation To Accelerate

  

  Watershed developments concerning prediction markets — such as the first insider trading charges, major speeches from U.S. Commodity Futures Trading Commission leadership, and the introduction of rulemaking and legislation — dominated the first quarter of 2026, a trend that will likely continue throughout the rest of the year, say attorneys at K&L Gates.

• New Risks Emerge As States Push Proxy Voting Legislation

  

  Recent state proxy voting laws have increasingly emphasized financial returns while intensifying scrutiny of proxy advisory firms and stewardship practices, creating new compliance challenges and risks, according to attorneys at Morgan Lewis.

• Framing Membership Filings To Anticipate FINRA's Concerns

  

  Recent updates to the Financial Industry Regulatory Authority’s membership application program should remind firm management to treat the filing process not as a compliance chore, but as a test of operational and regulatory readiness where they can anticipate and address FINRA's concerns, says Andrew Mount at Eversheds Sutherland.

• Ruling Shows How Texas Law Altered Derivative Suit Outlook

  

  In the first test of S.B. 29's new ownership threshold requirement for shareholder actions, a Texas federal court recently dismissed Gusinsky v. Reynolds, a derivative action brought by a minority Southwest Airlines shareholder, offering key guidance for navigating the new Texas corporate litigation landscape, say attorneys at DLA Piper.

• 2 AI Snafus Show Why Attys Can't Outsource Judgment

  

  The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

• Assessing The 9th Circ.'s Recent Stock Drop Dismissal Trend

  

  The recent decision in Nova Scotia Health Employees' Pension Plan v. Comerica is an important circuit-level addition to the growing trend of Ninth Circuit securities class action dismissals on loss causation grounds, which have used a contextual analysis premised on stock drops that are modest, typical and short-lived, say attorneys at Paul Weiss.

• How Data Center Accounting May Draw Enforcement Scrutiny

  

  As public and media scrutiny of the data center industry intensifies, regulators, enforcement authorities and Congress will likely focus on accounting judgments that rely on aggressive assumptions, opaque financing structures or rapidly evolving collateral classes, heightening the risk of investigations and inquiries, say attorneys at King & Spalding.

• How 'Spillover' Effects Can Skew AI Securities Class Actions

  

  Event study evidence is often central in securities litigation at class certification and beyond, but in an environment where earnings forecasts and statements can have spillover market implications, particularly when concerning artificial intelligence, the task of parsing out the price impact of news requires careful consideration, say Erik Johannesson, Olivia Wurgaft and Nguyet Nguyen at Brattle Group.

• Opinion

  Tribal Gaming Law Is Paramount In Prediction Market Cases

  

  Whatever the outcome of the preemption question in prediction market litigation involving states and the federal government, the Indian Gaming Regulatory Act deals very specifically with gaming on Indian lands and almost certainly trumps the general federal laws at issue, says Kevin Washburn at the University of California, Berkeley.

• Series

  Playing Magic: The Gathering Makes Me A Better Lawyer

  

  The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

• Why The Wells Process Is No Longer A One-Sided Exercise

  

  The U.S. Securities and Exchange Commission's recently revamped Enforcement Manual rewrites the informational asymmetry that has defined SEC defense for decades, providing counsel with several new strategies to produce better submissions, give better advice and achieve better outcomes, says Ashwin Ram at Buchalter.

• Improving Well-Being In Law, 10 Years After Landmark Study

  

  An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

• 8 Reasons To Consider Maryland As A 'DExit' Option

  

  While Nevada and Texas have garnered the most attention as alternative states of incorporation for companies considering leaving Delaware, Maryland offers considerable benefits too, including a predictable statutory framework, robust anti-takeover protections, sophisticated business courts with decades of experience, and more, say attorneys at Miles & Stockbridge.