Legal Exchange: Insights & Commentary

AI’s Risks to M&A Deals Require Early Planning and Model Testing

AI assets should be treated as operationally material technology that requires validation before closing any merger, write Quarles & Brady’s Hannah Ji-Otto, Jianfei Chen, and Heather Buchta.

Treasury’s Opportunity Zone Guidance Is Worth Parsing by States

States should consider identifying and nominating low-income communities in rural areas for designation as qualified opportunity zones in response to the Treasury Department’s latest guidance, Snell & Wilmer’s Marc Schultz says.

SEC Litigation Enforcement Should Give Firms Their Day in Court

Recent SEC reform efforts are welcome news for any corporation that has found itself in the SEC’s crosshairs but don’t do enough to give companies wiggle room to defend themselves in court, writes Milbank’s George Canellos.

Here’s Why More Corporate Counsel Are Turning to Arbitration

In times of uncertainty, arbitration provides tools that litigation either lacks or can’t guarantee—greater control over the process, flexibility to adapt when conditions shift, and broader confidentiality protections to keep disputes out of the spotlight, write Crowell & Moring’s Randa Adra, Ashley Riveira, and Edward Norman.

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Federal Contractors Must Consider What Crosses Pay-to-Play Line

Federal law draws careful distinctions between contractor entities and individuals, between contributions and independent spending, and between prohibited and permitted political activity. Understanding those distinctions will help companies know where compliance traps lie, writes McDermott’s Llewelyn Engel.

Professional Perspectives give authors space to provide context about an area of law or take an in-depth look at a topic that could benefit their practice.

Texas, Nevada Laws Can’t Be Measured Against Delaware Benchmark

Corporate law has for decades been taught and studied with Delaware as the default framework, and other jurisdictions treated largely as variations on that model. That framing is convenient, but it is also wrong. When Delaware is treated as the default, jurisdictional competition becomes a debate about perception rather than substance.

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Meta, Google Cases Rewrite Playbook, Sidestep Free Speech Shield

For nearly three decades, technology companies have relied on Section 230 as a stout defense, arguing they are mere conduits and not responsible for what users post. The Google and Meta social media addiction verdicts provide a legal game plan to outflank that defense. In essence, they shifted the legal playing field from one about content to one about conduct.

K&L Gates Goes on the Offensive in the Legal Talent Wars

When it comes to winning the legal industry talent wars, the best defense is a good offense, according to K&L Gates’ global managing partner, Stacy Ackermann. She spoke to Bloomberg Law editor Chris Opfer on our podcast, On The Merits, about how competitive the market for legal talent has gotten, even in secondary markets like her hometown of Charlotte, N.C.