Expert Analysis

• Nonprofits Face Uncertainty Over Political Activity Rules

  

  Two federal court decisions suggesting that the Internal Revenue Service's rules for 501(c)(4) organizations' political activity may be too vague to survive constitutional scrutiny leave nonprofit organizations caught between constitutional limits on government regulation of speech and tax limits on their exempt status, say attorneys at BakerHostetler.

• Opinion

  Supreme Court Term Limits Would Carry Hidden Risk

  

  While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

• Tariffs And Trade Volatility Drove 2025 Bankruptcy Wave

  

  The Trump administration's tariff regime has reshaped the commercial restructuring landscape this year, with an increased number of bankruptcy filings showing how tariffs are influencing first‑day narratives, debtor-in-possession terms and case strategies, say attorneys at Thompson Hine.

• Autonomous Vehicle Liability Trends To Watch In 2026

  

  With autonomous vehicles increasingly making their own decisions, the liability landscape for AVs has changed over the past year — highlighting a number of important issues that companies and practitioners should keep a close eye on in 2026, says Farid Yaghoubtil at Downtown LA Law Group.

• How New SEC Policies Shift Shareholder Proposal Landscape

  

  U.S. Securities and Exchange Commission Chairman Paul Atkins' recent remarks provide a road map for public companies to exclude nonbinding shareholder proposals from proxy materials, which would disrupt the mechanism that has traditionally defined how shareholders and companies engage on governance matters, say attorneys at Gunderson.

• Series

  Knitting Makes Me A Better Lawyer

  

  Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.

• Series

  The Biz Court Digest: Welcome To Miami

  

  After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

• Identifying And Resolving Conflicts Among Class Members

  

  As the Fifth Circuit's recent decision in Nova Scotia Health Employees' Pension Plan v. McDermott International illustrates, intraclass conflicts can determine the fate of a class action — and such conflicts can be surprisingly difficult to identify, says Andrew Faisman, a clerk at the U.S. District Court for the Southern District of New York.

• How MAHA Is Taking Shape At The State Level

  

  The national spotlight on the federal government's Make America Healthy Again movement is bolstering state-level actions regarding potential health impacts of certain food ingredients, increasing the difficulty and importance of maintaining effective compliance programs, say attorneys at Cooley.

• Navigating The New Patchwork Of Foreign-Influence Laws

  

  On top of existing federal regulations, an expanding wave of state legislation — placing new limits on foreign-funded political spending and new registration requirements for foreign agents — creates a confusing compliance backdrop for corporations that demands careful preplanning, say attorneys at BakerHostetler.

• AI Evidence Rule Tweaks Encourage Judicial Guardrails

  

  Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

• Series

  The Law Firm Merger Diaries: Getting The Message Across

  

  Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

• Opinion

  Horizontal Stare Decisis Should Not Be Casually Discarded

  

  Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

• How Fed. Circ. Shaped Subject Matter Eligibility In 2025

  

  The Federal Circuit's most impactful patent eligibility decisions this year, touching on questions about obviousness and abstractness, provide a toolbox of takeaways that can be utilized during patent preparation and prosecution to guard against potential challenges, says Reilley Keane at Banner Witcoff.

• DC Circ. Decision Reaffirms SEC Authority Post-Loper Bright

  

  The recent denial of a challenge to invalidate 2024 amendments to the U.S. Securities and Exchange Commission's tick size and fee-cap rules reinforces the D.C. Circuit's deference to SEC expertise in market structure regulation, even after Loper Bright, though implementation of the rules remains uncertain, say attorneys at Sidley.