Expert Analysis

• 4 Cert Denials Keep Personal Jurisdiction Issues Percolating

  

  After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

• After Wash. Ruling, Paid Claim May Not End Bad Faith Risk

  

  In Labeaume v. First National Insurance, a Washington appeals court recently held that the insurer's benefit payment did not preclude the plaintiff's Insurance Fair Conduct Act claim, expanding the scope of the act's cure provision and making claim documentation even more significant, says Rishabh Agny at Clyde & Co.

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  Being A Singer Makes Me A Better Lawyer

  

  Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

• Justices' Review Of Atty Fees Could Reshape Pipeline Takings

  

  With the U.S. Supreme Court's decision to review Hoffmann v. WBI Energy Transmission, property owners' right to recover attorney fees for appropriations under the Natural Gas Act is at stake, potentially leading to a choice between a depressed land valuation or court costs that could exceed any rewards, says attorney Sophia Holley.

• Yellow Corp. WARN Act Appeal Refines Layoff Guidance

  

  A Delaware federal court's recent upholding of a bankruptcy court's disallowance of unions' federal Worker Adjustment and Retraining Notification Act claims against Yellow underscores that fact-specific notices and thoughtful timing are essential for distressed companies implementing layoffs, say attorneys at King & Spalding.

• Preparing For Next Congress With Eye On Investigation Risk

  

  Rod Rosenstein, Brian Whisler and Bruce Linskens at Baker McKenzie offer advice for organizations seeking to build a proactive response plan to potential congressional oversight as the election looms.

• New Pipeline Repair Rules Shift Burden To Engineer Judgment

  

  A proposal from the Pipeline and Hazardous Materials Safety Administration to allow operators more flexibility to make analysis-informed repair choices, rather than hew to long-standing prescriptive criteria, could make documenting the engineer’s decision-making process as important to compliance as the ultimate repair performed, says Ahuva Battams at Beatty & Wozniak.

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  Being A Magician Makes Me A Better Lawyer

  

  The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

• Bid Protest Spotlight: Price Realism, High Bid, Interested Party

  

  In this month's bid protest roundup, Brian Doll at MoFo surveys three recent Government Accountability Office decisions that show a price realism argument cannot be repackaged as a disparate treatment challenge, an agency's allegedly misleading conduct must be connected to a concrete pricing decision, and interested-party status isn't just a pleading formality.

• Lessons On Contingency Planning From OFAC's Iran Reversal

  

  The Office of Foreign Assets Control‘s abrupt revocation of a recent license easing sanctions on Iranian oil products shows commercial dealings relying on OFAC licenses or with higher sanctions risks should expressly address what happens if a policy change makes performance prohibited, says Michelle Roberts at Berliner Corcoran.

• Reviving Prize Law Would Reshape Maritime Seizure Risks

  

  Recent U.S. maritime interdictions of sanctioned tankers and shadow fleet vessels raise urgent questions about whether civil forfeiture or prize law — a framework that has not been meaningfully tested since the Spanish-American War — governs and the potential impacts on vessel owners, charterers and insurers, say attorneys at Holland & Knight.

• CFIUS' Mandate Misses Foreign Risk In Project Subcontracts

  

  Recent calls for the Committee on Foreign Investment in the United States to review equity transactions like the Paramount Skydance-Warner Bros. deal miss a consequential oversight gap — CFIUS' inability to review the subcontracting layer of U.S. infrastructure projects, says Thibaut Giret at Alstef Group.

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  Bass Fishing Makes Me A Better Lawyer

  

  Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

• What Consent Decree Trends Mean For Deal Clearances

  

  With merger remedies back on the table under the current administration, an analysis of recent Federal Trade Commission and U.S. Department of Justice consent decrees reveals that prior approval and prior notice provisions are no longer a foregone conclusion, and companies may be able to negotiate narrowly tailored obligations, say attorneys at Weil.

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  NY Banking Brief: All The Notable Legal Updates In Q2

  

  The year's second quarter brought several notable banking law developments to New York, including a proposal to align state stablecoin rules with the federal Genius Act, fresh fair lending and cybersecurity guidance from state regulators, and a significant Second Circuit holding on preemption, say attorneys at Ashurst Perkins Coie.