Expert Analysis

• Opinion

  CFIUS Must Adapt To Current Foreign Investment Realities

  

  To continue protecting the U.S.’ long-term strategic and economic interests, the Committee on Foreign Investment in the United States should implement practical enhancements that leverage technology, expertise and clear communication, and enable it to keep pace with evolving demands, says attorney Sohan Dasgupta.

• Texas AG Wields Consumer Protection Law Against Tech Cos.

  

  Texas Attorney General Ken Paxton has targeted technology companies using the Texas Deceptive Trade Practices Act, a broadly worded statute that gives the attorney general wide latitude to pursue claims beyond traditional consumer protection, creating unique litigation risks, say attorneys at Yetter Coleman.

• When Bankruptcy Collides With Product Recalls

  

  The recent bankruptcy filing by Rad Power Bikes on the heels of a U.S. Consumer Product Safety Commission warning about dangerously defective batteries sold by the company highlights how CPSC enforcement clashes with bankruptcy protections, leaving both regulators and consumer litigants with limited options, says Michael Avanesian at Avian Law Group.

• Utah's AI Prescription Renewal Pilot Could Inform Policy

  

  Utah recently became the first state to approve an artificial intelligence system for autonomously renewing certain prescription medicines, providing a test case for how regulators may be able to draw boundaries between administrative automation and medical judgment, say Jashaswi Ghosh at Holon Law Partners and Bryant Godfrey at Foley Hoag.

• Bipartisan Enforcement Is Rising In Consumer Finance

  

  Activity over the past year suggests a bipartisan state enforcement wave is rippling across the consumer finance industry, which follows a blueprint set out by former Consumer Financial Protection Bureau Director Rohit Chopra, who notably now leads a Democratic Attorneys General Association working group, say attorneys at Hudson Cook.

• How Attorneys Can Navigate Shifts In Financing Landscape

  

  Direct government investment in companies in strategic sectors is expected to continue this year, with legal practitioners facing increased demands to navigate hybrid capital structures, evolving regulatory considerations and the alignment of financing terms with long-term business and strategic objectives, say attorneys at Skadden.

• Series

  Teaching Logic Makes Me A Better Lawyer

  

  Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

• New Biotech Nat'l Security Controls May Have Blunted Impact

  

  While the newly enacted federal prohibition against contracting with certain biotechnology providers associated with countries of concern may have consequences on U.S. companies' ability to develop drugs, the restrictions may prove to be less problematic for the industry than the significant publicity around their passage would suggest, say attorneys at Wilson Sonsini.

• From IPR To EPR: The Rapid Rise Of Ex Parte Reexamination

  

  With the current administration's dramatic shifts in policy rendering inter partes reviews essentially unavailable for the majority of patents being asserted in litigation, IPR filing rates have plunged, and ex parte reexamination requests have surged to the average rate of IPR petitions in 2024, say attorneys at McKool Smith.

• Series

  Law School's Missed Lessons: Practicing Resilience

  

  Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

• Takeaways From The DOJ Fraud Section's 2025 Year In Review

  

  Former acting Principal Deputy Chief Sean Tonolli of the U.S. Department of Justice's Fraud Section, now at Cahill Gordon, analyzes key findings from the section’s annual report — including the changes implemented to adapt to the new administration’s priorities — and lays out what to watch for this year.

• Anticipating The SEC's Cybersecurity Focus After SolarWinds

  

  While the U.S. Securities and Exchange Commission's recent voluntary dismissal of its enforcement action against SolarWinds Corp. and its chief information security officer marks a significant victory for the defendants, it does not mean the SEC is done bringing cybersecurity cases, say attorneys at MoFo.

• Opinion

  Congress Should Lead On AI Policy, Not The States

  

  There needs to be some limits on how far federal agencies go in regulating artificial intelligence systems, but Congress must not abdicate its responsibility and cede control over this interstate market to state and local officials, say Kevin Frazier at the University of Texas School of Law and Adam Thierer at the R Street Institute.

• Limiting Worker Surveillance Risks Amid AI Regulatory Shifts

  

  With workplace surveillance tools becoming increasingly common and a recent executive order aiming to preempt state-level artificial intelligence enforcement, companies may feel encouraged to expand AI monitoring, but the legal exposure associated with these tools remains, say attorneys at MoFo.

• How Insurers Are Wording AI Exclusions

  

  Artificial intelligence exclusions are now available for use in insurance policies, meaning corporate risk managers must determine how those exclusions are interpreted and applied, and how they define AI, says David Kroeger at Jenner & Block.