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Expert Analysis

• Opinion

  Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar

  

  Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.

• From Bank Loans To Private Credit: Tips For Making The Shift

  

  The relationship between private credit and syndicated bank deals will evolve as the private market continues to grow, introducing new challenges for borrowers comparing financing options, particularly pertaining to loan documentation and working capital, say attorneys at Haynes Boone.

• The Ins And Outs Of Decentralized Digital Asset Exchanges

  

  As decentralized digital asset exchanges lack intermediaries, and so remain susceptible to fraud and market manipulation, ​​​​​​​an understanding of their design is crucial to help market participants avoid fraudulent practices such as liquidity rug pulls, says Swati Kanoria at Charles River.

• 10th Circ. Debtor Ruling May Expand Wire Fraud Law Scope

  

  The Tenth Circuit’s recent U.S. v. Baker decision, holding that federal fraud law can reach deceptive schemes designed to prevent a creditor from collecting on a debt, may represent an expansive new theory of wire fraud — even as the ruling reaffirmed the requirements of the interstate commerce element, say attorneys at ArentFox Schiff.

• Rule Amendments Pave Path For A Privilege Claim 'Offensive'

  

  Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.

• Series

  My Miniature Livestock Farm Makes Me A Better Lawyer

  

  Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.

• When Mortgage Data Can't Prove Discriminatory Lending

  

  As plaintiffs continue to use Home Mortgage Disclosure Act data as grounds for class actions, attorneys must consider the limits of a statistics-only approach and the need for manual loan file review to confirm indications of potential discriminatory lending, say Abe Chernin, Shane Oka and Kevin Oswald at Cornerstone Research.

• Evaluating Nasdaq Tokenization Rule's Potential Impact

  

  Nasdaq's recently proposed rule would enable settlement of tokenized equity securities and exchange-traded products using blockchain technology, which could lead to dramatic improvements in market efficiency, settlement speed and market access, but prudent skepticism about timelines and implementation capabilities is warranted, says James Brady at Katten.

• Litigation Funding Could Create Ethics Issues For Attorneys

  

  A litigation investor’s recent complaint claiming a New York mass torts lawyer effectively ran a Ponzi scheme illustrates how litigation funding arrangements can subject attorneys to legal ethics dilemmas and potential liability, so engagement letters must have very clear terms, says Matthew Feinberg at Goldberg Segalla.

• How New FinCEN FAQs Simplify Suspicious Activity Reporting

  

  New guidance from the Financial Crimes Enforcement Network and federal banking agencies that gives financial institutions more flexibility in meeting suspicious activity reporting obligations indicates the administration is following through on its promise to streamline the U.S. anti-money laundering regime, say attorneys at Davis Polk.

• E-Discovery Quarterly: Recent Rulings On Dynamic Databases

  

  Several recent federal court decisions illustrate how parties continue to grapple with the discovery of data in dynamic databases, so counsel involved in these disputes must consider how structured data should be produced consistent with the requirements of the Federal Rules of Civil Procedure, say attorneys at Sidley.

• Where Crypto Mixing Enforcement Is Headed From Here

  

  Recent developments involving crypto mixers, particularly the Tornado Cash verdict, demonstrate that the Justice Department's shift away from regulation by prosecution does not mean total immunity, rather reflecting an approach that prioritizes both innovation and accountability, says David Tarras at Tarras Defense.

• The Legal Issues With AI Agents In Consumer Transactions

  

  Enabling artificial intelligence agents to handle not just research and recommendations, but the execution of purchases themselves, fundamentally alters commercial relationships and introduces new practical and legal questions for card issuers, merchants, acquirers and consumers, say attorneys at Davis Wright.

• Breaking Down Article 12 Of The Uniform Commercial Code

  

  Thirty-two states and the District of Columbia have enacted Article 12 of the Uniform Commercial Code, providing the alternative to perfection by control of assets like cryptocurrency and nonfungible tokens, but before accepting these assets as collateral, lenders and creditors should consider how to best maintain priority, say attorneys at Miller Nash.

• What Narrower FinCEN Reporting Spells For Industry

  

  As compliance costs soar, the potential slimming down of the Financial Crimes Enforcement Network's anti-money laundering and countering the financing of terrorism regime is welcome news for banks, and would allow a shift in resources to ever-evolving cybercrime threats, say attorneys at Quarles & Brady.