Expert Analysis

• A Primer On NYDFS' 3rd-Party Cybersecurity Guidance

  

  The New York Department of Financial Services' recently released comprehensive guidance for registrants on managing cybersecurity risks associated with third-party service providers illustrates why proactive engagement by senior leadership, robust due diligence, strong contractual protections and ongoing oversight are essential to mitigating growing risks, say attorneys at McGuireWoods.

• 9th Circ. Robinhood Ruling May Alter Intraquarter Disclosures

  

  By aligning with the Second Circuit and rejecting the First Circuit's extreme-departure standard, the Ninth Circuit recently signaled in its decision to revive a putative securities class action against Robinhood a renewed emphasis on transparency when known trends that can be considered material arise between quarterly reports, say attorneys at MoFo.

• Series

  The Law Firm Merger Diaries: How To Build On Cultural Fit

  

  Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.

• The Future Of Digital Asset Oversight May Rest With OCC

  

  How the Office of the Comptroller of the Currency handles fintechs' growing interest in national trust bank charters, demonstrated by a jump in filings this year, will determine how far the federal banking system extends to digital assets, and whether the charter becomes a mainstream supervisory pathway, say attorneys at Sheppard Mullin.

• Considerations When Invoking The Common-Interest Privilege

  

  To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.

• Motorola Ruling Solidifies Discretionary Authority Of USPTO

  

  The Federal Circuit's latest ruling in In re: Motorola Solutions Inc. underscores the finality and discretionary nature of the finality of Patent Trial and Appeal Board institution decisions, and clarifies that neither interim guidance nor shifting administrative policy creates substantive rights for petitioners, say attorneys at Morgan Lewis.

• How Banks Can Pilot Token Services As Fed Mulls Reforms

  

  While the Federal Reserve explores streamlined payment accounts and other reforms aimed at digital asset infrastructure, banks and payment companies seeking to launch stablecoin services must apply the same rigor they use for cards or automated clearinghouse, says Christopher Boone at Venable.

• What Developers Must Know About PJM Grid Connection Plan

  

  As PJM Interconnection, the nation's largest grid operator, reforms its interconnection process in an effort to accelerate capacity expansion amid surging demand, developers interested in PJM's new expedited track should anticipate significant up-front costs, and plan carefully to minimize delays that could jeopardize project completion, say attorneys at King & Spalding.

• UK Getty Ruling Tests Balance Of IP Rights And AI Industry

  

  The recent Getty Images v. Stability AI High Court decision, rejecting copyright claims while upholding limited trademark infringement, will influence the creative community and U.K. artificial intelligence industry alike, and the training of AI models in the U.K. is still a risk, say lawyers at Powell Gilbert.

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  The Law Firm Merger Diaries: Making The Case To Combine

  

  When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.

• State AGs May Extend Their Reach To Nat'l Security Concerns

  

  Companies with foreign supply-chain risk exposure need a comprehensive risk-management strategy to address a growing trend in which state attorneys general use broadly written state laws to target conduct that may not violate federal regulations, but arguably constitutes a national security threat, say attorneys at Wiley.

• Opinion

  Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar

  

  Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.

• Unique Aspects Of Texas' Approach To AI Regulation

  

  The Texas Responsible AI Governance Act — which will soon be the sole comprehensive artificial intelligence law in the U.S. — pulls threads from EU and Colorado laws but introduces more targeted rules with fewer obligations on commercial entities, say attorneys at MVA Law.

• How AI Tech Suppliers Can Address IP Lawyers' Concerns

  

  While artificial intelligence tools can help intellectual property lawyers be more productive and effective, AI tech providers must address issues of privilege, data privacy and confidentiality to make their technology viable and useful for IP law, say Tom Colson at Colson Law and Kevin Bronson at Simpson & Simpson.

• From Bank Loans To Private Credit: Tips For Making The Shift

  

  The relationship between private credit and syndicated bank deals will evolve as the private market continues to grow, introducing new challenges for borrowers comparing financing options, particularly pertaining to loan documentation and working capital, say attorneys at Haynes Boone.