Expert Analysis

• SDNY Atty Signals Return To Private Fund Valuation Scrutiny

  

  Recent remarks by the U.S. Attorney for the Southern District of New York — hinting that regulators are renewing their focus on private fund advisers who overvalue portfolio assets to drive up investor fees — should prompt firms to review their valuation methodologies and address potential conflicts of interest now, say attorneys at Debevoise.

• Series

  The Law Firm Merger Diaries: Forming Measurable Ties

  

  Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.

• OFAC Sanctions Will Intensify Amid Global Tensions In 2026

  

  The Office of Foreign Assets Control will ramp up its targeting of companies in the private equity, venture capital, real estate and legal markets in 2026, in keeping with the aggressive foreign policy approach embraced by the Trump administration in 2025, say attorneys at Holland & Knight.

• 5 E-Discovery Predictions For 2026 And Beyond

  

  2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.

• Reinventing Bank Risk Mgmt. After 2025's Cartel Crackdown

  

  The Trump administration's 2025 designation of certain transnational drug cartels as terrorists means that banks must adapt to a narrowing margin of error in their customer screening and transaction assessments by treating financial crime prevention as a continuous and cross-enterprise concern with national security implications, says Jack Harrington at Bradley Arant.

• 2026 Enforcement Trends To Expect In Maritime And Int'l Trade

  

  The maritime and international trade community should expect U.S. federal enforcement to ramp up in 2026, particularly via Office of Foreign Asset Control shipping sanctions, accelerating interagency investigations of trade fraud, and U.S. Coast Guard narcotics and pollution inspections, say attorneys at Holland & Knight.

• Reviewing Historical And Recent NYDFS Blockchain Guidance

  Excerpt from Practical Guidance

  

  An industry letter released in the fall by the New York State Department of Financial Services, together with guidance issued over the past decade, signals a heightened regulatory expectation for covered institutions regarding the use of blockchain analytics and requires review, says Nicole De Santis at Nomadis Consulting.

• SEC Virtu Deal Previews Risks Of Nonpublic Info In AI Models

  

  The U.S. Securities and Exchange Commission’s recent settlement with Virtu Financial Inc. over alleged failures to safeguard customer data raises broader questions about how traditional enforcement frameworks may apply when material nonpublic information is embedded into artificial intelligence trading systems, says Braeden Anderson at Gesmer Updegrove.

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  Judges On AI: How Courts Can Boost Access To Justice

  

  Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.

• Examining Privilege In Dual-Purpose Workplace Investigations

  

  The Sixth Circuit's recent holding in FirstEnergy's bribery probe ruling that attorney-client privilege applied to a dual-purpose workplace investigation because its primary purpose was obtaining legal advice highlights the uncertainty companies face as federal circuit courts remain split on the appropriate test, say attorneys at Proskauer.

• Opinion

  The Case For Emulating, Not Dividing, The Ninth Circuit

  

  Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.

• 4 Ways 2026 Will Shift Corporate Compliance And Ethics

  

  As we begin 2026, ethics and compliance functions are being reshaped by forces that go far beyond traditional regulatory risk, and there are key trends that will define the landscape, with success defined less by activity and volume, and more by impact, judgment and credibility, says Hui Chen at CDE Advisors.

• Targeted Action, Rule Tweaks Reflect 2025 AML Priority Shifts

  

  Though 2025’s anti-money-laundering landscape was characterized not by volume of penalties but by the strategic recalibration of how illicit finance risk is handled, a series of targeted enforcement actions signaled that regulators aren't easing off the accelerator, even as they refine the rules of the road, say attorneys at MoFo.

• 3 DC Circ. Rulings Signal Shift In Search And Seizure Doctrine

  

  A trio of decisions from courts in the District of Columbia Circuit, including a recent order compelling prosecutors to return materials seized from James Comey’s former attorney, makes clear that continued government possession of digital evidence may implicate the Fourth Amendment, says Gregory Rosen at RJO.

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  Muay Thai Makes Me A Better Lawyer

  

  Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.