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Expert Analysis

• Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs

  

  In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.

• Speech Protection Questions In AI Case Raise Liability Risk

  

  A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.

• Move Beyond Surface-Level Edits To Master Legal Writing

  

  Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

• 3 Rulings May Reveal Next Frontier Of Gov't Contract Cases

  

  Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.

• How Ore. Law Puts New Confines On Corp. Health Ownership

  

  A newly enacted law in Oregon strengthens the state’s restrictions on corporate ownership of healthcare practices, with new limitations on overlapping control, permissible services, restrictive covenants and more making it necessary for practices to review decades-old physician practice arrangements, say attorneys at Ropes & Gray.

• Early Trends In Proxy Exclusion After SEC Relaxes Guidance

  

  The U.S. Securities and Exchange Commission’s recent guidance broadening shareholder proposal exclusion under Rule 14a-8 has been undoubtedly useful to issuers this proxy season, but it does not guarantee exclusion, say attorneys at Debevoise.

• Best Practices For State Banks Eyeing Federal Conversions

  

  Amid a notable uptick — fueled by ongoing regulatory upheaval — in state-chartered banks exploring conversion to national bank charters, banks contemplating the decision should weigh the benefits, like uniform supervision, and potential impediments, like costly exam fees, say attorneys at Skadden.

• 9th Circ. Has Muddied Waters Of Article III Pleading Standard

  

  District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

• An Underused Tariff Exemption For Medical Product Importers

  

  Medical device importers may be able to reduce tariff exposure by leveraging an often-overlooked Nairobi Protocol duty exemption for products specially designed to benefit those with qualifying medical conditions, says Samuel Finkelstein at LMD Trade Law.

• Future Of Enviro Crimes Under Trump's Federal Regs Order

  

  President Donald Trump's recent executive order about fighting overcriminalization in federal regulations creates new advocacy opportunities for defense counsel to argue that particular environmental crime investigations and matters ought to be limited or declined based on the policy priorities reflected in the order, say attorneys at Sidley.

• How Cos. Can Prep For Calif. Cybersecurity Audit Regulations

  

  As the California Privacy Protection Agency Board finalizes cybersecurity audit requirements, companies should take six steps to prepare for the audit itself and to build a compliant cybersecurity program that can pass the audit, say attorneys at Covington.

• Series

  Competing In Modern Pentathlon Makes Me A Better Lawyer

  

  Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

• Shifting DEI Expectations Put Banks In Legal Crosshairs

  

  The Trump administration's rollbacks on DEI-friendly policies create something of a regulatory catch-22 for banks, wherein strict compliance would contradict established statutory and administrative mandates regarding access to credit for disadvantaged communities, say attorneys at Husch Blackwell.

• Prepare For Increased FDA Inspections Of Foreign Facilities

  

  In light of the U.S. Food and Drug Administration's recently announced plans to expand use of unannounced inspections of foreign drug manufacturing factories, foreign firms should implement best practices in anticipation of an imminent increase in enforcement activity, say attorneys at McGuireWoods.

• Compliance Tips After Court Axes EEOC's Trans Rights Take

  

  A Texas federal court's recent decision struck portions of the U.S. Equal Employment Opportunity Commission's 2024 guidance pertaining to sexual orientation and gender identity under Title VII, barring their use nationwide and leaving employers unsure about how to proceed in their compliance efforts, say attorneys at Dorsey & Whitney.