Expert Analysis

• What To Expect From Justices' 401(k) Ruling, DOL Rulemaking

  

  The U.S. Supreme Court's upcoming ruling in Anderson v. Intel, addressing alternative assets in defined contribution plans, coupled with the U.S. Department of Labor's recently proposed regulation on fiduciary duties in selecting alternative investments, could alleviate the litigation risk that has impeded wider consideration of such investments, say attorneys at Ropes & Gray.

• Digital Assets May Be In For A Growth Spurt In 2026

  

  All signs point to an acceleration in digital asset product and service innovation throughout 2026, and while questions of first impression still need to be addressed, some legal issues will be clarified, spurring developments namely on the tokenization and stablecoin fronts, say attorneys at Skadden.

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  Judges On AI: How Judicial Use Informs Guardrails

  

  U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.

• What Businesses Offering AI Should Expect From The FTC

  

  The Federal Trade Commission's move to reopen and set aside an administrative order against Rytr shows that the FTC is serious about executing on the administration's Artificial Intelligence Action Plan, and won't stand in the way of businesses offering AI products with pro-consumer, legitimate uses, say attorneys at Reed Smith.

• Lessons From EdTech Provider's Data Breach Settlements

  

  Education technology company Illuminate Education's recent settlements with three states and the Federal Trade Commission over state privacy law claims following a student data breach are some of the first of their kind, suggesting a shift in enforcement focus to how companies handle student data and highlighting the potential for coordinated enforcement actions, say attorneys at Wilson Sonsini.

• Crypto-Asset Strategy For Corporate Legal Leaders In 2026

  

  As digital assets experience increased regulatory clarity, institutional adoption and technological maturity, in-house legal leaders must build strong policies this year and stay engaged with the evolving market to help their companies seize the opportunities of the digital asset era while managing the risks, say attorneys at Foley & Lardner.

• What Fla. Trends Reveal About AI In Real Estate Development

  

  Property developers can begin to understand how artificial intelligence tools are changing the real estate industry by studying Florida, where developers are using AI to speed vital processes, and AI disclosure and ethics requirements are proliferating, says Ben Mitchel at Shubin Law.

• What US Cos. Must Know To Comply With Italy's AI Law

  

  Italy's newly effective artificial intelligence law means U.S. companies operating in Italy or serving Italian customers must now meet EU AI Act obligations as well as Italy-specific requirements, including immediately enforceable criminal penalties, designated national authorities and sector-specific mandates, say attorneys at Portolano Cavallo.

• Key Sectors, Antitrust Risks In Pricing Algorithm Litigation

  

  Algorithmic pricing lawsuits have proliferated in rental housing, hotels, health insurance and equipment rental industries, and companies should consider emerging risk factors when implementing business strategies this year, say attorneys at Hunton.

• Navigating Battery Validation Risk In The EV Supply Chain

  

  Vehicle electrification has moved battery system supply chains from a background component into the center of the automotive universe — and for legal teams, battery validation is now a driver of contractual disputes, regulatory exposure and even shareholder litigation, say Samuel Madden at Secretariat Advisors and Vanessa Miller at Foley & Lardner.

• Cybersecurity Must Remain Financial Sector's Focus In 2026

  

  In 2026, financial institutions face a wave of more prescriptive cybersecurity legal requirements demanding clearer governance, faster incident reporting, and stronger oversight of third-party and AI-driven risks, making it crucial to understand these issues before they materialize into crises, say attorneys at Sidley.

• How 2025 Recalibrated Fair Use For The AI Era

  

  Although the Second Circuit's decision last year in Romanova v. Amilus Inc. did not involve artificial intelligence, its formulation of relevant fair use factors provides a useful guide for lower courts examining AI cases in 2026, demanding close attention from legal practitioners on both sides of these disputes, say attorneys at Cleary.

• 2026 Int'l Arbitration Trends: Next Steps In Age Of AI, Crypto

  

  Parties' use of artificial intelligence and blockchain technologies will continue in 2026, and international arbitrators will be called upon to evolve by building expertise in blockchain functionality, cryptography and decentralized finance protocols, and understanding the power and limitations of large language models, say attorneys at Cleary.

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  Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

  

  My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

• Patent Applicants Must Get Biologics Enablement Right

  

  As artificial intelligence increasingly becomes a core driver in drug discovery, it is critical for drug companies to adapt their drafting strategies to the unique features of AI-generated inventions, and to pay particularly close attention to enablement standards, says Sanandan Malhotra at Novo Nordisk.