Expert Analysis

• 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

  

  The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

• Aviation Watch: New FAA Chief Will Face Strong Headwinds

  

  Once confirmed, Bryan Bedford, President Donald Trump's nominee to head the Federal Aviation Administration, will face steep challenges — including a shortage of air traffic controllers, a recent spate of high-profile crashes, and the difficulty of working within an administration intent on cutting staffing and funding, says Alan Hoffman, a retired attorney and aviation expert.

• How Trump Energy Order May Challenge State Climate Efforts

  

  Even if the Trump administration's recent executive order targeting state and local environmental, climate and clean energy laws, regulations and programs doesn't result in successful legal challenges to state authority, the order could discourage state legislatures from taking further climate action, say attorneys at Foley Hoag.

• The SEC's Administrative Law Courts Are At A Crossroads

  

  The U.S. Department of Justice's recent departure from its prior defense of the U.S. Securities and Exchange Commission's administrative law judges' legitimacy moves the forum deeper into a constitutional limbo that likely requires congressional action, says Dean Conway at Carlton Fields.

• SEC's Noteworthy Stablecoin Guidance Comes With Caveats

  

  The U.S. Securities and Exchange Commission recently issued a statement concluding that a narrow class of stablecoins doesn't involve the offer or sale of securities — a significant step forward in recognizing that not all crypto-assets are created equal, though there remains a pressing need for broader regulatory clarity, say attorneys at A&O Shearman.

• Self-Disclosure Calculus Remains Complex Under Trump DOJ

  

  Shifting policy focus under the Trump administration's Justice Department has created uncertainty for individuals considering voluntarily self-disclosing crimes that are no longer considered an enforcement priority, but there has been no indication that the administration intends on dialing back self-disclosure programs, say attorneys at Fox Rothschild.

• Electronic Shelf Labels Pose Myriad Risks For Retailers

  

  While electronic shelf labels offer retailers a new way to convey pricing and other product information to consumers, the technology has attracted the attention of U.S. policymakers and consumer advocates, so businesses must assess antitrust, data privacy and discrimination risks before implementation, say attorneys at Baker McKenzie.

• 4 Ways US Banks Can Operate In Canada

  

  Contrary to recent statements from the Trump administration, there are several options for U.S. banks that want to operate and compete in Canada, and the country’s bank ownership regime may actually be more favorable to U.S. banks than to Canadian shareholders, say attorneys at Torys.

• The Benefits Of Aligning States On Legal Paraprofessionals

  

  Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

• What's Next For Lab Test Regulation Without FDA Authority

  

  A recent Texas federal court decision vacating the U.S. Food and Drug Administration's final rule that would apply FDA regulations to laboratory-developed tests signals potential positive impacts in the diagnostic space, and could inspire more healthcare entities to litigate against the government, say attorneys at Hooper Lundy.

• 1st Circ. Ruling May Slow SEC Retail Investment Advice Cases

  

  The First Circuit's recent ruling, finding the U.S. Securities and Exchange Commission did not substantiate its $93.3 million fine against a retail investment adviser, may raise the threshold on materiality findings in these cases and add a speed bump resulting in fewer such actions, say attorneys at Weil.

• What Greenwashing Looks Like, And How To Navigate Claims

  

  Recent cases show that consumers seeking to challenge sustainability claims as greenwashing face significant legal hurdles, and that companies can avoid liability by emphasizing context, says Felicia Boyd at Norton Rose.

• 11 Tips For Contractors Dealing With DOD Staff Reductions

  

  Defense contractors should prepare for a wide range of disruptions related to procurement and contract administration that are likely amid federal workforce reductions, say attorneys at Covington.

• GC Nominee Likely Has Employer-Friendly NLRB Priorities

  

  President Donald Trump’s nomination of Crystal Carey as general counsel of the National Labor Relations Board indicates the administration's intent to revive precedents favorable to employers, including expansion of permissible employer speech and reinstatement of procedural steps needed for employees to achieve unionization, say attorneys at Vorys.

• Pay Cos. That Adapt Can Benefit As Gov't Ends Paper Checks

  

  Recent executive orders, instructing the government to cease issuing paper checks and to modernize and fraud-proof federal payments, will likely benefit financial services providers that facilitate government disbursements — provided they can manage the challenges and risks of transitioning to fully digital payments, say attorneys at Davis Wright.