Expert Analysis

• Opinion

  Private Equity Owners Can Remedy Law Firms' Agency Issues

  

  Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

• Don't Wait To Prepare For CFPB's Small Biz Lender Data Rule

  

  Though federal courts in Kentucky and Texas have paused the rollout of the Consumer Financial Protection Bureau's small business loan reporting requirement, with more delays perhaps on the way, financial institutions should nonetheless turn to new agency guidance to prepare for the rule's eventual implementation, say Christopher Friedman and Shelby Lomax at Husch Blackwell.

• Suit Alleging FDIC Overdraft Overreach May Not Make Waves

  

  Regardless of its outcome, a lawsuit filed by a Minnesota community bank and state bankers trade group arguing against recent overdraft-related fee enforcement from the Federal Deposit Insurance Corp. is unlikely to ease pressure from other banking regulators for corrective action on nonsufficient fund fees, say John Stoker and Kate Wellman at Moore & Van Allen.

• How To Protect Atty-Client Privilege While Using Generative AI

  

  When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

• How New Lawyers Can Leverage Feedback For Growth

  

  Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

• Key Elements Of The Proposed Credit Card Competition Act

  

  Attorneys at Troutman Pepper examine the most noteworthy provisions in the recently proposed Credit Card Competition Act, including changes to payment card network access, Federal Reserve Board review, who would qualify as a covered institution, and routing restrictions.

• Takeaways From Recent Developments In Bank-Fintech Space

  

  Several recent consumer protection advancements affecting banks, technology and fintech companies, including the issuance of final regulatory guidance relating to third-party risk management, reemphasize the importance of closely assessing true lender issues in bank-fintech partnership arrangements, says Eamonn Moran at Norton Rose.

• A Cautionary Tale Of Flawed Debt Accounting And SEC Fines

  

  The U.S. Securities and Exchange Commission's recent improper-accounting charges against Malvern Bancorp and its ex-CFO highlight crucial practice issues, including the need to objectively evaluate borrowers' credit, say attorneys at Arnold & Porter.

• Series

  ESG Around The World: Australia

  

  Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.

• Del. Corporate Law Overhaul Delivers On Flexibility For Cos.

  

  Recent amendments to the Delaware General Corporation Law provide needed flexibility to public companies, including by making it easier to effect stock splits or changes to authorized shares, and by streamlining the process to ratify defective corporate acts, say attorneys at Venable.

• 9 Consumer Finance Issues To Note From CFPB Report

  

  A recent report from the Consumer Financial Protection Bureau highlights abusive consumer finance tactics that the agency uncovered during supervisory examinations over the last year — among the most significant issues identified: deceptive practices in automotive loan servicing, and consumer reporting and debt collection compliance failures, say attorneys at Troutman Pepper.

• Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

  

  X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

• Blockchain Tech's Role As A Driver Of M&A Action Evolves

  

  Distributed ledger and other blockchain derivative technologies are uniquely positioned to drive M&A activity, and will play a pivotal role in shaping the future of financial and investment landscapes despite the turmoil in the cryptocurrency space, say Louis Lehot and Pat Daugherty at Foley & Lardner.

• The Long Reach Of Proposed Security-Based Swaps Rule

  

  The U.S. Securities and Exchange Commission's proposed security-based swap reporting rule's public disclosure provision is novel and contentious, and if it's included in the final rule, it would be a fundamental change in market structure that could chill activity in the space and incentivize market participants to use alternative derivative instruments, says Andrew Blake at Sidley.

• How 2nd Circ. Ruling Fortifies Plaintiff Standing Arguments

  

  The Second Circuit's recent Bohnak v. Marsh & McLennan decision marries the concepts in TransUnion and McMorris — touchstones of Article III standing — and will bolster the standing arguments of plaintiffs who seek damages based on intangible injuries or the risk of future harms, say Raphael Janove at Pollock Cohen, Samantha Holbrook at Shub & Johns and Andrew Ferich at Ahdoot & Wolfson.