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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.

Trust, Focus and Impact: Marketing & PR Predictions for 2026

January 01, 2026

Success in 2026 will belong to brands that combine human judgment with AI capability, communicate with discipline and focus, and treat trust as a measurable business asset, not a marketing byproduct.

Build Networking Connections In 2026 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. Yet many attorneys feel uneasy or self-conscious when walking into a room full of unfamiliar faces. The encouraging news is that networking confidence is a skill that improves with preparation, awareness and practice.

Protecting AI As a Trade Secret Can Create a ‘Goldilocks’ Problem

January 01, 2026

Based on a review of recent case law, this article identifies three considerations that practitioners should pay attention to in cases involving AI trade secrets.

Hit With a Cyberattack? What You Do In the First 72 Hours Could Save Your Business

January 01, 2026

When a cyberattack occurs, time is the most valuable asset. Much like law enforcement’s “first 48” hours rule in criminal investigations, the first 72 hours of a cyberattack, often referred to collectively as the “golden hour,” are crucial. Early action preserves critical evidence, prevents further harm, and increases the chance of a successful resolution.

Commercial Real Estate Loan Workouts and Right-Sizing

January 01, 2026

Part One of a Two-Part ArticleToday’s commercial real estate market is in distress and has been, across a variety of asset classes, for several years. The reasons are well known. The options for the loan in distress are somewhat well known. They are becoming less mysterious day by day. These more traditional options will be described in the first installment of this article below.

Expansion of French Parliamentary Inquiries Increases Likelihood that U.S Companies Will Face Investigations

January 01, 2026

The expansion of French parliamentary inquiries, coupled with a persistent climate of suspicion toward U.S. corporate influence, significantly increases the likelihood that international — especially American — companies will face targeted investigations.

The Lawyers’ Guide to Writing Articles for Google’s AI Overview

January 01, 2026

Google’s AI Overview creates a strategic opportunity for attorneys who can leverage their knowledge and experience into a decent article. This opportunity to attract more visibility, link a law firm’s blog, and drive readers to a firm’s website in Google AI Overview is our focus in this article.

Development

January 01, 2026

Neighbor Lacks Standing to Challenge Approval of Tax Incentives

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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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Law Firm Management
The Business of Legal Spend: How Finance Professionals Can Drive Smarter Outside Counsel Management
Legal spend has become a core business issue that now shapes financial planning, operational decision making and risk management. What once lived primarily in the legal department has become a shared responsibility across client legal, finance, and operations teams and their outside counsel.
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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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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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Artificial Intelligence
When Efficiency Meets the Duty to Verify: Reflections on The Verification-Value Paradox
The Verification-Value Paradox states that increases in efficiency from AI use “will be met by a correspondingly greater imperative to manually verify” the outputs. The result is that the net value of AI in many legal contexts may be negligible once verification is honestly accounted for. For low-stakes tasks, verification costs are light. For core legal work, verification costs are heavy. That’s the tension.
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