Expert Analysis

• Why A Rare SEC Dismissal May Not Reflect A New Approach

  

  While the U.S. Securities and Exchange Commission's pending dismissal of its case against Silver Point is remarkable to the extent that it reflects a novel repudiation of a decision made during the prior commission, a deeper look suggests it may not represent a shift in policy approach, say attorneys at Weil.

• Unpacking First Consumer Claim Under Wash. Health Data Act

  

  The first consumer class action claim filed under Washington's My Health My Data Act, Maxwell v. Amazon.com, may answer questions counsel have been contending with since the law was introduced almost a year ago, if the court takes the opportunity to interpret some of more opaque language, say attorneys at Polsinelli.

• Deficiency Trends In National Futures Association Exams

  

  A recent notice from the National Futures Association outlining the most common deficiencies uncovered during exams gives member firms an opportunity to review prior guidance, particularly regarding the hot topic of implementing procedures governing the use of outsourced service providers, say attorneys at Akin.

• A Judge's Pointers For Adding Spice To Dry Legal Writing

  

  U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

• Mastering The Fundamentals Of Life Sciences Due Diligence

  

  As life sciences transactions continue to gain tremendous momentum, companies participating in these transactions must conduct effective and strategic regulatory due diligence, which involves extensive amounts of information and varies by manifold factors, says Anna Zhao at GunnerCooke.

• A Close-Up Look At DOJ's Challenge To HPE-Juniper Deal

  

  The outcome of the Justice Department's challenge to Hewlett Packard Enterprise's proposed $14 billion acquisition of Juniper Networks will likely hinge on several key issues, including market dynamics and shares, internal documents, and questions about innovation and customer harm, say attorneys at McDermott.

• Why NY May Want To Reconsider Its LLC Transparency Law

  

  Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.

• Pleading Rules At Stake In High Court Hamas Banking Case

  

  While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.

• 9 Considerations For Orgs Using AI Meeting Assistants

  

  When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.

• Expectations For SEC Exams As Private Credit Market Grows

  

  The U.S. Securities and Exchange Commission may rely heavily on its Division of Examinations for regulating private credit markets amid their expansion into the retail investor space, so investment advisers should be prepared to address several likely areas of focus when confronted with an exam, say attorneys at Dechert.

• AG Watch: Texas Is Entering New Privacy Enforcement Era

  

  The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.

• IRS Scrutiny May Underlie Move Away From NIL Collectives

  

  The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.

• Considerations As Trump Admin Continues To Curtail CFPB

  

  Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

• Cos. Should Prepare For Mexican Payments Surveillance Tool

  

  The recent designation of six Mexican cartels as "specially designated global terrorists" will allow the Treasury Department to scrutinize nearly any Mexico-related payment through its Terrorist Finance Tracking Program — a rigorous evaluation for which even sophisticated sanctions compliance programs are not prepared, says Jeremy Paner at Hughes Hubbard.

• How Foreign Cos. Should Prep For New UK Fraud Law

  

  As the U.K. prepares to hold companies criminally liable for failing to prevent fraudulent acts of their associates, U.S. and global companies should review their compliance measures against the broad language of this new offense, which could permit prosecution of acts committed entirely abroad, say attorneys at Latham & Watkins.