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Expert Analysis

• 1st Trial After FCPA Pause Offers Clues On DOJ Priorities

  

  After surviving a government review of Foreign Corrupt Practices Act enforcement, the U.S. v. Zaglin case reveals the U.S. Department of Justice still appears willing to prosecute individuals for conduct broadly consistent with classic priorities, despite the agency's new emphasis on foreign policy priorities, say attorneys at Debevoise.

• 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.

• Wells Process Reforms Serve SEC Chair's Transparency Goals

  

  Enforcement policy changes U.S. Securities and Exchange Commission Chairman Paul Atkins recently set forth will help fulfill his stated goal of making Division of Enforcement investigations more fair and transparent by changing the Wells process to provide recipients earlier consultations with SEC staff, greater evidence access and more time to file responses, say attorneys at Dechert.

• 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.

• The Future Of Gen AI Training Amid Reddit Data Scraping Suit

  

  Reddit's lawsuit against Perplexity AI is not framed as a classic copyright infringement fight, demonstrating that even when companies avoid fair use claims, the path by which training data is obtained is legally consequential, say attorneys at Troutman Pepper.

• Navigating Sanctions Against Colombia's Head Of State

  

  To limit their exposure from recent sanctions that prohibit dealings with Colombia’s president and specific officials, it is critical that U.S. companies gain a fulsome understanding of potential touchpoints, establish controls to avoid engagement and, if necessary, seek U.S. government approval, say attorneys at Perkins Coie.

• 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.

• SEC's Dual Share Class Approval Signals New Era For ETFs

  

  The U.S. Securities and Exchange Commission's recent approval of the dual share class structure marks a landmark moment for the U.S. fund industry, opening the door for asset managers to benefit from combining mutual fund and exchange-traded fund share classes under a single portfolio, say Ilan Guedj at Bates White and Brian Henderson at George Washington University.

• Class Actions At The Circuit Courts: November Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings and identifies practice tips from cases involving claims related to oil and gas royalty payments, consumer fraud, life insurance, automobile insurance, and securities violations.

• 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.

• Drafting For Distress: D&O Policy Tips Ahead Of Ch. 11 Filings

  

  Considering recent bankruptcy statistics and the economic climate, now is a good time for companies to revisit their directors and officers liability insurance coverage, as understanding how these programs are structured and which terms matter at placement or renewal can materially improve protection for leaders of a distressed company, say attorneys at Reed Smith.

• What To Do If A Retirement Plan Participant Is Deported

  

  Given recent immigration policy changes in the U.S., many businesses are experiencing employee deportations, but retirement plan administrators should still pay and report benefits to avoid violating the plan, the Employee Retirement Income Security Act or tax reporting requirements, says Teri King at Smith Gambrell.

• Why Foreign Cos. Should Prep For Increased SEC Oversight

  

  With the recent trading suspensions of 10 foreign-based issuers listed on the Nasdaq, an enforcement action against a U.K. security-based swap dealer and the announcement of a cross-border task force, it's clear that the U.S. Securities and Exchange Commission will expand oversight on foreign companies participating in the U.S. capital markets, says Tejal Shah at Cooley.