Expert Analysis

• Opinion

  CBP's $166B Tariff Refund Portal Needs 4 Safeguards

  

  Before launching its automated web portal to process tariff-refund disbursements on April 20, U.S. Customs and Border Protection should apply the expensive lessons learned from the pandemic-era employee retention credit, says Peter Gariepy at RubinBrown.

• CFTC Actions Show Prediction Market Insider Trading Risks

  

  It is a myth that insider trading law does not apply in prediction markets, as the U.S. Commodity Futures Trading Commission's recent enforcement actions illustrate that it has full authority to pursue such cases federally — and intends to, says attorney Gregg Goldfarb.

• Defense Contractor Tips For Commercial Solutions Openings

  

  Defense contractors interested in participating in the Army’s recently announced commercial solutions opening should familiarize themselves with the process, which promotes flexibility but requires prudence in preparing proposals, negotiating award terms, and crafting supporting documents such as teaming agreements and subcontracts, say attorneys at Holland & Knight.

• Opinion

  State Bars Need To Get Specific About AI Confidentiality

  

  Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

• EPA's Retreat On GHGs Reshapes Preemption Debate

  

  In the wake of the U.S. Environmental Protection Agency's rescission of its finding that it can regulate climate-threatening greenhouse gases, states are poised to step up their own GHG regulation — but the EPA's new framework creates substantial uncertainty over the extent of federal preemption, say attorneys at Holland & Hart.

• Steps To Maintain War Insurance Amid Middle East Conflict

  

  To ensure they are adequately protected from war-related risk, companies affected by the escalating conflict in the Persian Gulf should consider how their war insurance coverage interacts with financing structures, lease obligations and commercial risk allocation, say attorneys at Morgan Lewis.

• 'Made In America' Rules Raise Stakes For Gov't Contractors

  

  The convergence of widely varying "buy American" requirements, increased enforcement efforts and continuing regulatory attempts to limit foreign sourcing suggests that government contractors should carefully review their supply chain and country-of-origin compliance to remain competitive, say attorneys at Arnold & Porter.

• Series

  Alpine Skiing Makes Me A Better Lawyer

  

  Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

• Opinion

  Time To Fix The Accountability Gap In Freight Logistics

  

  In Montgomery v. Caribe Transport, the U.S. Supreme Court must resolve an urgent question: whether freight broker selection in trucking accidents is categorically protected — meaning unreasonable safety decisions are insulated from liability — or subject to accountability under traditional negligence principles, says Amanda Demanda at Amanda Demanda Injury Lawyers.

• What Voluntary Calif. Carbon Reports Show About Compliance

  

  While the enforcement of California's S.B. 261 is currently paused due to a Ninth Circuit injunction, more than 130 companies have nonetheless chosen to voluntarily publish climate-related financial risk disclosures, providing a useful snapshot of how the market is interpreting the law's requirements in practice, say attorneys at DLA Piper.

• What A Court Doc Audit Reveals About Erroneous Filings

  

  My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

• Appellate Strategy Lessons From Pa. Excess Coverage Ruling

  

  In FedEx v. National Union Fire Insurance, a Pennsylvania state court recently set forth a clear holding that policyholders may recover postjudgment interest under excess liability insurance policies only when the policy language expressly allows, offering important takeaways for planning appeals, say attorneys at Hunton.

• What's Missing From Latest Gov't Claims Against Harvard

  

  The most interesting thing about the Trump administration’s recent civil rights enforcement efforts targeting Harvard University is its decision not to assert violations of the False Claims Act when given the opportunity, despite signals that its enforcement efforts will include use of the federal FCA, say attorneys at Bass Berry.

• How Cos. Can Prepare For 'Made In America' Ad Scrutiny

  

  The Trump administration's executive order to combat fraudulent "Made in America" claims in consumer-facing advertising, along with actions by the Federal Trade Commission, suggest a potential increased focus on consumer protection and pricing-related matters, say attorneys at Skadden.

• Parsing Rule 12(c) Motion Overuse In Securities Class Actions

  

  Defendants in securities class actions have more frequently been filing motions for judgment on the pleadings following the denial of motions to dismiss, but courts have recently demonstrated an increasing willingness to reject these previously rare motions, finding them transparent attempts to relitigate already-decided issues, say attorneys at Labaton Keller.