Expert Analysis


The Rise Of Trade Secret Specificity As A Jury Question

Recent federal appellate court decisions have clarified that determining sufficient particularity under the Defend Trade Secrets Act is a question of fact and will likely become a standard jury question, highlighting the need for appropriate jury instructions that explicitly address the issue, says Amy Candido at Simpson Thacher.


How Banks Can Safely Handle Payments For Gambling Biz

As the betting market continues to expand, it's crucial for banks and fintechs to track historical developments in wagering and ongoing prediction markets litigation that can factor into a risk analysis for payment processing with respect to gambling operators, says Laura D'Angelo at Jones Walker.


Wading Into NY Wetland Regs' 2025 Changes And Challenges

Solar developers in New York should keep a weather eye on litigation challenging the New York Department of Environmental Conservation’s recently expanded authority to regulate wetlands and waterways, which could erode the impact of a new permitting process meant to streamline solar development on protected wetlands, say attorneys at Foley Hoag.


SEC Focused On Fraud As Actions Markedly Declined In 2025

The U.S. Securities and Exchange Commission's enforcement activity in its fiscal year 2025 was its lowest in 10 years, reflecting not only a significant decline in the commission's workforce, but also Chairman Paul Atkins' stated focus on fraud and individual wrongdoing and a new approach to crypto regulation, say attorneys at Covington.


Series

Law School's Missed Lessons: Networking 101

Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.


Calif. Employer Action Steps For New Immigrant Rights Notice

There are specific steps California employers can take ahead of the Feb. 1 deadline to comply with California’s new employee rights notification requirement, minimizing potential liability and protecting workers who may be caught up in an immigration enforcement action at work, says Alexa Greenbaum at Fisher Phillips.


Defeating Estoppel-Based Claims In Legal Malpractice Actions

State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.


How Cos. Can Prep For Tightened Calif. Data Breach Notices

Amid California's recent enactment of S.B. 446, which significantly amends the state's data breach notification laws, companies should review and update their incident response plans by establishing processes to document and support any delayed notification, and ensure the notifications' accuracy, say Mark Krotoski and Alexandria Marx at Pillsbury.


A Look At State AGs' Focus On Earned Wage Products

Earned wage products have emerged as a rapidly growing segment of the consumer finance market, but recent state enforcement actions against MoneyLion, DailyPay and EarnIn will likely have an effect on whether such products can continue operating under current business models, say attorneys at Quinn Emanuel.


Digital Asset Treasury Trend Signals Wider Crypto Embrace

While digital asset treasuries are not new for U.S. public companies, the recent velocity of capital deployment in such investments has been notable, signaling a transformation in corporate treasury management that blurs the lines between traditional finance and the broader crypto ecosystem, say attorneys at DLA Piper.


Takeaways As Justices Let 5th Circ. Pollution Ruling Stand

The U.S. Supreme Court's recent certiorari denial leaves intact a Fifth Circuit ruling that environmental justice organizations have standing to pursue a civil rights challenge to a parish's land-use practice, underscoring the importance of local governments proactively engaging with communities to address cumulative impacts of development, say attorneys at ArentFox Schiff.


Employer Considerations After 11th Circ. Gender Care Ruling

The Eleventh Circuit's en banc decision in Lange v. Houston County, Georgia, finding that a health plan did not violate Title VII by excluding coverage for gender-affirming care, shows that plans must be increasingly cognizant of federal and state liability as states pass varying mandates, say attorneys at Miller & Chevalier.


Trade Secret Rulings Reveal The Cost Of Poor Preparation

Two recent federal appellate decisions show that companies must be prepared to prove their trade secrets with specificity, highlighting how an asset management program that identifies key confidential information before litigation arises can provide the clarity and documentation that courts increasingly require, say attorneys at Mintz.


AI's Role In Google Antitrust Suit May Reshape Tech Markets

The evolution of AI in retail has reshaped the U.S.' antitrust case against Google, which could both benefit small business innovators and consumers, and fundamentally alter future antitrust cases, including the Federal Trade Commission's lawsuit against Amazon, says Graham Dufault at ACT.


Series

The Biz Court Digest: How It Works In Massachusetts

Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.


How Healthcare Practices Can Prepare For ICE Visits

Healthcare providers that may face encounters with immigration enforcement should familiarize themselves with compliance obligations beyond ensuring employment authorization, and mitigate risk by establishing clear policies and specific procedures that safeguard patient rights and manage staff interactions with agents, say attorneys at Roetzel & Andress.


Russia Sanctions Spotlight: Taking Russian Oil Off The Market

The recent sanctions targeting Russia's energy sector by the U.K., EU and U.S. aim to limit Russia’s ability to fund its war machine by the sale of fossil fuels, representing an important escalation that has the potential to affect a wide range of business activities, says Alexandra Melia at Steptoe.


Next Steps For DOE's Large-Load Interconnection Reforms

The U.S. Department of Energy's recent letter to the Federal Energy Regulatory Commission may mark a substantial expansion of FERC's open-access framework for large-load facilities, though the proposed timeline for the rulemaking appears to be extraordinarily short, say attorneys at Davis Wright.


Adapting To Calif.'s Enhanced Regulation Of PE In Healthcare

New California legislation enhances oversight on the role of private equity groups and hedge funds in healthcare transactions, featuring both a highly targeted nature and vague language that will require organizations to carefully evaluate existing practices, says Andrew Demetriou at Husch Blackwell.


Viral 'Brewers Karen' Incident Teaches Employers To Act Fast

An attorney who was terminated after a viral video showed her threatening to call U.S. Immigration and Customs Enforcement on an opposing team's fan at a Milwaukee Brewers game underscores why employers must take prompt action when learning of viral incidents involving employees, says Joseph Myers at Mesidor.



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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


Punitive Damages Awards Should Be Limited To 1st Instance

Recent verdicts in different cases against Johnson & Johnson and Monsanto showcase a trend of multiple punitive damages being awarded to different plaintiffs for the same course of conduct by a single defendant, a practice that should be deemed unconstitutional by the U.S. Supreme Court, says Jacob Mihm at Polales Horton.

Courts Must Continue Protecting Plaintiffs In Mass Arbitration

In recent years, many companies have imposed onerous protocols that function to frustrate plaintiffs' ability to seek justice through mass arbitration, but a series of welcome court decisions in recent months indicate that the pendulum might be swinging back toward plaintiffs, say Raphael Janove and Sasha Jones at Janove Law.



Access to Justice Perspectives


Crime Victim Aid Should Not Be Tied To Immigration Status

A Trump administration policy conditioning support services for crime victims on immigration status — currently being challenged in court — is unjust and may harm public safety, and it’s simply not necessary to effectively secure the border, say Marc Levin and Khalil Cumberbatch at Council on Criminal Justice.