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Expert Analysis

Recent Complex Global Deals Reveal Regulatory Trends
An analysis of six complex global deals that were completed or abandoned in the last year suggests that, while such deals continue to face significant and lengthy scrutiny across the U.S, U.K. and European Union, the path to closing may have eased slightly compared to recent years, say attorneys at Weil.

At 'SEC Speaks,' Leaders Frame New Views
At the Practising Law Institute's recent SEC Speaks conference, U.S. Securities and Exchange Commission leadership highlighted the agency's significant priority changes, including in enforcement, crypto and artificial intelligence, say attorneys at Perkins Coie.

SpaceX Labor Suit May Bring Cosmic Jurisdictional Shifts
The National Mediation Board's upcoming decision about whether SpaceX falls under the purview of the National Labor Relations Act or the Railway Labor Act could establish how jurisdictional boundaries are determined for employers that toe the line, with tangible consequences for decades to come, say attorneys at Davis Wright.

Google Ad Tech Ruling Creates Antitrust Uncertainty
A Virginia federal court鈥檚 recent decision in the Justice Department鈥檚 ad tech antitrust case against Google includes two unusual aspects in that it narrowly construed U.S. Supreme Court precedent when rejecting Google's two-sided market argument, and it found the company liable for unlawful tying, say attorneys at Ballard Spahr.

Fed. Circ. Offers Lesson On Gov't Data Rights In Contracts
The Federal Circuit's recent decision in FlightSafety v. Air Force serves as a warning for U.S. Department of Defense contractors attempting to mark their commercial technical data developed at private expense, say attorneys at Butzel Long.
3 Takeaways From Recent Cyberattacks On Healthcare Cos.

For the healthcare industry, the upward trend in styles of cyberattacks, costs, and entities targeted highlights the critical importance of proactive planning to help withstand the operational, legal and reputational turmoil that can follow a data breach, say attorneys at Troutman Pepper.
Calif. Air Board Offers Early Hints On Climate Reporting

As initial reporting deadlines for California's new climate reporting laws approach, guidance provided by the California Air Resources Board in a virtual public workshop sheds some light on rulemaking to come, and how to prepare for compliance during this period of uncertainty, say attorneys at Simpson Thacher.
Tips To Avoid Consumer Tracking Tech Class Actions

Recent class actions alleging Trade Desk illegally tracked millions of consumers through its advertising platform highlight growing data privacy compliance concerns over digital tracking practices, but there are disclosure best practices businesses can take to reduce litigation risk, says David Wheeler at Neal Gerber.
Parsing The SEC's No-Action Letter On Rule 192 Compliance

Brandon Figg at Morgan Lewis discusses the U.S. Securities and Exchange Commission's recent no-action letter, which greenlights information barriers as an alternative approach to Rule 192 compliance and includes likely relief for existing policies and procedures.
3 Mistakes To Avoid In Service Provider AI Terms

Every service provider contract doesn't need extensive artificial intelligence provisions, because when poorly drafted, they create impracticable obligations, miss important distinctions and may reflect wrong understanding of the law, says Chris Wlach at Huge Inc.
5 Ways In-House Counsel Can Stay Ahead Of New HSR Rules

Now that the Trump administration鈥檚 new Hart-Scott-Rodino Act rules have been in effect for several months, in-house counsel should consider several practice pointers that can help spearhead management of M&A-related antitrust risk, say attorneys at Squire Patton.
High Court Order On Board Firings Is Cold Comfort For Fed

The U.S. Supreme Court鈥檚 recent Trump v. Wilcox order, upholding the firings of two independent agency board members during appeal, raises concerns about the future of removal protections for Federal Reserve System members, and thus the broader politicization of U.S. monetary policy, say attorneys at Squire Patton.
DOJ Policy Shifts May Resurrect De Facto 'China Initiative'

The U.S. Department of Justice's recently unveiled white collar enforcement strategy seemingly marks a return to a now-defunct 2018 policy aimed at combating national security concerns with China, and likely foretells aggressive scrutiny of trade and customs fraud, sanctions evasion, and money laundering, say attorneys at BakerHostetler.
Series
Law School's Missed Lessons: Supporting A Trial Team

While students often practice as lead trial attorneys in law school, such an opportunity likely won鈥檛 arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
A Look At Employer Wins In Title VII Suits Over DEI Training

Despite increased attacks on diversity, equity and inclusion initiatives, courts across the country have favored employers in cases opposing diversity training, challenging the idea that all workplace inclusion efforts violate the law and highlighting the importance of employers precisely recognizing the legal guardrails, say attorneys at Perkins Coie.
Recent Complex Global Deals Reveal Regulatory Trends

An analysis of six complex global deals that were completed or abandoned in the last year suggests that, while such deals continue to face significant and lengthy scrutiny across the U.S, U.K. and European Union, the path to closing may have eased slightly compared to recent years, say attorneys at Weil.
Google Damages Ruling May Spur Income Approach Usage

The Federal Circuit's recent decision in EcoFactor v. Google may affect the extent to which damages experts apply the market approach in patent infringement matters, and income approach techniques may assume greater importance, says Erin Crockett at Charles River Associates.
7 D&O Coverage Areas To Assess As DOJ Targets DEI

Companies that receive federal funds or have the remnants of a diversity, equity and inclusion program should review their directors and officers liability insurance policies ahead of a major shift in how the U.S. Department of Justice enforces the False Claims Act, says Bill Wagner at Taft.
CFPB Industry Impact Uncertain Amid Priority Shift, Staff Cuts

A recent enforcement memo outlines how the Consumer Financial Protection Bureau's regulatory agenda diverges from that of the previous administration, but, given the bureau's planned reduction in force, it is uncertain whether the agency will be able to enforce these new priorities, say attorneys at Troutman Pepper.
Lessons From FTC Action On Dark Patterns In User Interfaces

The Federal Trade Commission's recent complaint against Uber for its billing and cancellation practices comes amid other actions addressing consumer confusion and deception, so it is paramount to deploy tools that assess customers' cognitive states of mind to separate lawful marketing from misconduct, says Ceren Canal Aruoba at Berkeley Research Group.
FAR Rewrite May Cloud Key Gov't Contract Doctrine

The Trump administration's government procurement overhaul, under which sections of the Federal Acquisition Regulation are eliminated by default, is bound to collide with a doctrine that allows courts to read omitted clauses into government contracts if they represent long-standing pillars of federal procurement law, say attorneys at Rogers Joseph.
SEC Staff Input Eases Path For Broker-Dealer Crypto Activities

Recent guidance from U.S. Securities and Exchange Commission staff on broker-dealer and transfer agent crypto-asset activities suggests a more constructive regulatory posture on permissibility and application of financial responsibility rules, bringing welcome clarity for blockchain market participants and traditional financial institutions alike, say attorneys at Sidley.
Compliance Essentials To Mitigate AI Crime Enforcement Risk

As artificial intelligence systems move closer to accurately mimicking human decision-making, companies must understand how the U.S. Department of Justice might prosecute them for crimes committed by AI tools 鈥� and how to mitigate enforcement risks, say attorneys at Paul Hastings.
Series
Adapting To Private Practice: From US Attorney To BigLaw

When I transitioned to private practice after government service 鈥� most recently as the U.S. attorney for the Eastern District of Virginia 鈥� I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
Employer-Friendly Fla. Law Ushers In New Noncompete Era

Florida's CHOICE Act is set to take effect July 1, and employers are welcoming it with open arms as it would create one of the most favorable environments in the country for the enforcement of noncompete and garden leave agreements, but businesses should also consider the nonlegal implications, say attorneys at BakerHostetler.
Special Series

My Hobby Makes Me A Better Lawyer
In this Expert Analysis series, attorneys share how their unusual extracurricular activities enhance professional development, providing insights and pointers that translate to the office, courtroom and beyond.

Adapting To Private Practice
In this Expert Analysis series, attorneys who have made the move from government work to private practice in the last few years reflect on how they transitioned to law firm life, and discuss tips for others.
Opinion
Address Nationwide Injunction Issues With Random Venues
Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.
Forced Litigation Funding Disclosure Threatens Patent Rights
A recent 暗网禁区 guest article argued that courts should adopt stronger disclosure requirements for third-party litigation funding, but rather than enabling fairness or transparency, such measures would only undermine patent holders' access to capital and weaken their ability to assert valid patent rights, says Anup Misra at Curiam Capital.
Access to Justice Perspectives
Shaping Warrantless Arrest Standard Post-Certiorari Denial
Though the U.S. Supreme Court declined to hear the Gonzalez v. U.S. warrantless arrest case, Justice Sonia Sotomayor's statement regarding the denial suggests that the defense bar should continue pursuing federal court arguments that the Fourth Amendment incorporates an in-the-presence limitation, say attorneys at Sullivan & Cromwell.