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Expert Analysis

• Challenges For Fiduciaries Adding Crypto To 401(k) Plans

  

  As cryptocurrencies gain popularity and their restrictions loosen, investors may become interested in adding crypto options to their retirement plans, but fiduciaries should consider how to balance the increased demand and their obligations under the Employee Retirement Income Security Act, say attorneys at Jenner & Block.

• Opportunities And Challenges For The Texas Stock Exchange

  

  While the new Texas Stock Exchange could be an interesting alternative to the NYSE and the Nasdaq due to the state鈥檚 robust economy and the TXSE鈥檚 high-profile leadership and publicity opportunities for listings, its success as a national securities exchange may hinge on resolving questions about its regulatory and cost advantages, say attorneys at Norton Rose.

• Energy Order Brings Risks For Lenders And Borrowers Alike

  

  A recent executive order directing the attorney general to submit a report next month with recommendations for halting enforcement of state laws the administration says are hampering energy resources presents risks for lenders and borrowers using state-generated carbon credits, but proactive steps now can help insulate against adverse consequences, say attorneys at Faegre Drinker.

• What's At Stake As Trump Admin Targets Carbon Markets

  

  Trading in greenhouse gas emissions and reductions has long been touted as a way to leverage market forces to tackle climate change cost-effectively, and that theory may be put to the test amid momentous progress and fresh challenges, particularly as the Trump administration takes aim at climate initiatives, say attorneys at DLA Piper.

• Series

  Power To The Paralegals: An Untapped Source For Biz Roles

  

  Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

• The Legal Risks Of US Restrictions On Investments In China

  

  The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.

• Using Federal Forum Provisions To Nix State Securities Cases

  

  A California appeals court's recent decision in Bullock v. Rivian clarifies that underwriters may enforce federal forum provisions to escape state court Securities Act claims, marking progress in restoring such lawsuits to federal court and reducing the litigation costs arising from duplicative state court litigation, say attorneys at Paul Weiss.

• Series

  Playing Poker Makes Me A Better Lawyer

  

  Poker is a master class in psychology, risk management and strategic thinking, and I鈥檓 a better attorney because it has taught me to read my opponents, adapt when I鈥檓 dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

• Does R-Squared Have A Role In Event Study Analysis?

  

  With 2024 marking the second consecutive year to experience an increase in securities class action filings, determining the reliability of event study models is of utmost importance, but it's time to reconsider the traditional method of doing so, say analysts at StoneTurn Group.

• Opinion

  Why It's Time To Retire The Efficient Market Hypothesis

  

  As agentic artificial intelligence systems increasingly affect financial markets, the efficient market hypothesis no longer offers a viable foundation for legal and regulatory engagement, and a new theoretical foundation is needed, say Zachary Brenner, a student at California Western School of Law, and attorney Gary Brenner.

• Avoiding The Risk Of Continued AI-Washing Enforcement

  

  A recent action brought by the U.S. Securities and Exchange Commission and Department of Justice, alleging a software developer defrauded investors by lying about his app鈥檚 artificial intelligence capabilities, suggests this administration will continue to target AI washing, so companies should adopt practices to mitigate enforcement risk, say attorneys at Debevoise.

• Cos. Should Review Pay Strategies In Light Of 2025 Tariffs

  

  Companies should think about what they can or should do to ensure the ongoing effectiveness of their compensation plans in light of rising material costs, reduced profit margins, market volatility and other impacts of the Trump administration鈥檚 evolving tariff regime, say attorneys at Cooley.

• Key Aspects Of FDIC's Resolution Planning FAQ

  

  The Federal Deposit Insurance Corp.'s recent FAQ on changes to its resolution plan rule ease burdensome requirements for some large institutions and exempt others from discussion of franchise components, making it easier for banks to finalize submissions before the July 1 deadline, say attorneys at Moore & Van Allen.

• Chancery Ruling Raises Bar For Advance Notice Bylaws Suits

  

  The Delaware Court of Chancery's recent ruling in Siegel v. Morse will make it more difficult for plaintiffs to successfully challenge advance notice bylaws before the emergence of an actual or threatened proxy contest, presumably reducing the occurrence of such challenges, say attorneys at Venable.

• DOJ Memo Raises Bar For Imposition Of Corporate Monitors

  

  A recently released U.S. Department of Justice memo, outlining guidance on the imposition of compliance monitors in corporate criminal cases, reflects DOJ leadership鈥檚 concerns about scope creep and business costs, but the strategies for companies to avoid a monitorship haven't changed much compared to the Biden era, says James Koukios at MoFo.