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Expert Analysis

• Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal

  

  After the Fourth Circuit reversed a doctor’s postconviction acquittal in U.S. v. Elfenbein last month, defense attorneys should consider three strategies when handling complex criminal healthcare matters, says Jonathan Porter at Husch Blackwell.

• Series

  Hiking Makes Me A Better Lawyer

  

  On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.

• White House Report Strikes An Optimistic Note On Crypto

  

  Taking seriously President Donald Trump's pledge to adopt a pro-innovation mindset toward digital assets and blockchain technologies, a recent benchmark White House report on crypto provides a comprehensive regulatory framework that takes into account the products' novel characteristics within the high-tech ecosystem, say attorneys at Davis Wright.

• DC Circ. Ruling Augurs More Scrutiny Of Blanket Gag Orders

  

  The D.C. Circuit’s recent ruling in In re: Sealed Case, finding that an omnibus nondisclosure order was too sweeping, should serve as a wake-up call to prosecutors and provide a road map for private parties to push back on overbroad secrecy demands, says Gregory Rosen at Rogers Joseph.

• Series

  Law School's Missed Lessons: Negotiation Skills

  

  I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.

• DOJ Whistleblower Program May Fuel Criminal Antitrust Tack

  

  A recently launched Justice Department program that provides rewards for reporting antitrust crimes related to the U.S. Postal Service will serve to supplement the department’s leniency program, signaling an ambition to expand criminal enforcement while deepening collaboration across agencies, say attorneys at Crowell & Moring.

• Opinion

  Bar Exam Reform Must Expand Beyond A Single Updated Test

  

  Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.

• Export Misconduct Resolutions Emphasize BIS, DOJ Priorities

  

  The U.S. Department of Justice's and Bureau of Industry and Security's recently resolved parallel enforcement actions against semiconductor technology company Cadence Design demonstrate the agencies' prioritization of penalties for export control violations involving China, as well as the importance of voluntary self-disclosure, say attorneys at Fenwick.

• A Simple Way Courts Can Help Attys Avoid AI Hallucinations

  

  As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.

• DOJ Consumer Branch's End Leaves FDA Litigation Questions

  

  With the dissolution of the U.S. Department of Justice's Consumer Protection Branch set to occur by Sept. 30, companies must carefully monitor how responsibility is reallocated for civil and criminal enforcement cases related to products regulated by the U.S. Food and Drug Administration, say attorneys at Foley & Lardner.

• What's At Stake In High Court Review Of Funds' Right To Sue

  

  The U.S. Supreme Court's upcoming review of FS Credit Opportunities v. Saba Capital Master Fund, a case testing the limits of using Investment Company Act Section 47(b) to give funds a private right of action to enforce other sections of the law, could either encourage or curb similar activist investor lawsuits, say attorneys at Goodwin.

• How Securities Defendants Might Use New Wire Fraud Ruling

  

  Though the Second Circuit’s recent U.S. v. Chastain decision — vacating the conviction of an ex-OpenSea staffer — involved the wire fraud statute, insider trading defendants might attempt to import the ruling’s reasoning into the securities realm, says Jonathan Richman at Brown Rudnick.

• Cos. Must Tailor Due Diligence As Trafficking Risks Increase

  

  As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.

• Series

  Creating Botanical Art Makes Me A Better Lawyer

  

  Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.

• Supreme Court's Criminal Law Decisions: The Term In Review

  

  Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.