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'Shadow AI' Highlights Importance of a Comprehensive AI Governance Policy

January 01, 2026

Many law firm leaders insist that artificial intelligence has no place in their businesses; however, common applications employed daily may be using AI without them knowing. This phenomenon, often referred to as “shadow AI,” highlights a growing risk for firms that have yet to develop comprehensive governance strategies for artificial intelligence.

Fifth Circuit Trashes Bankruptcy Jurisdictional Overreach

January 01, 2026

Sanchez shows the limits of bankruptcy jurisdiction in concrete terms. In the court’s hard-hitting analysis, the decision should at least convince bankruptcy courts to avoid hearing most post-confirmation and unrelated third-party disputes.

New Networking Resolution In 2026: Build Connection Without the Stress

January 01, 2026

For lawyers, networking is still one of the most dependable and effective ways to generate new business and build a steady pipeline of referrals. The encouraging news is that networking confidence is a skill that improves with preparation, awareness and practice. Below are strategies to help you feel more relaxed, prepared, and authentic at networking functions in 2026.

Courts Carve Out Boundaries for What Are Viable Legal Claims Under Federal Digital Music Statutes

January 01, 2026

There are two key federally created entities whose mission it is to issue licenses and collect royalties on behalf of rights holders for digital transmissions of music: SoundExchange and the Mechanical Licensing Collective (MLC). This article reports on recent court rulings over whether the plaintiffs had viable causes of action related to SoundExchange and MLC royalty payments.

Disney-OpenAI’s Sora Deal Signals for IP, Licensing and Responsible AI

January 01, 2026

For rights holders, platforms and brands, the Disney-Open AI licensing deal illustrates an emerging blueprint for commercializing iconic IP in AI-native formats while attempting to manage legal, regulatory, and reputational risk.

Court of Appeals Rules on 'Good Guy' Guarantees

January 01, 2026

The Court of Appeals reversed a line of lower court cases which had upended the expectations of innumerable contracting parties who bargained for limited “good guy” guaranties.

The Threat Actor Playbook Has Shifted from Files to Rows

January 01, 2026

Given how the threat landscape is evolving, structured data expertise is no longer a niche specialty

The Criminal Tariff Enforcement Wave Is Coming

January 01, 2026

Companies should mark their calendars now — expect criminal tariff evasion cases in 2026.

Judge Blasts Defendant for Ignoring Discovery Obligations and More

January 01, 2026

A recent decision by Bankruptcy Judge Brendan Shannon was peppered with some harsh words for a defendant in an adversary proceeding. Judge Shannon said the party’s “failure to perform basic discovery responses and participation in litigation … has been breathtaking."

The FCA As a Policy Instrument

January 01, 2026

Over the past year, the current administration has redefined the False Claims Act from a traditional anti-fraud statute into a highly flexible policy instrument to enforce its core agenda priorities.

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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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Marketing Analytics: More Is Not Always Best
In the past few decades, law firms have made great strides in catching up with the rest of the corporate world and are reaping the benefits of all kinds of marketing. This acceptance by firm management is in great part due to an increased appreciation of analytics, made possible by digital marketing and social media.
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."
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