This article discusses three open issues following Dubin v. United States: How appellate courts have been interpreting the “at the crux” language; an emerging circuit split as to whether district courts must specifically instruct juries on the “at the crux” test; and questions not answered in Dubin that will be subject to further development.
- June 01, 2026Elkan Abramowitz and Jonathan Sack
In commercial real estate transactions, delivery of the original promissory note is typically a closing requirement, but originals can be misplaced, lost in transit, or separated from the loan file. A missing note is not fatal to enforcement —it simply changes the plaintiff’s burden.
June 01, 2026Jeffrey B. Steiner and Scott A. Weinberg and Joel C. HaimsThe U.S. Securities and Exchange Commission introduced sweeping reforms in May meant to incentivize more initial public offerings, lowering the costs for companies to go public and making it easier to raise capital once they do.
June 01, 2026Dan NovakAs AI becomes embedded in everyday business and legal operations, organizations are confronting a new expectation: simply disclosing AI use is no longer enough. A critical shift is taking place in the legal industry: transparency is no longer just about disclosure; it’s about comprehension.
May 01, 2026Christopher WallThis article explores recent trends in the use of confidential information on prediction markets, how the Commodity Futures Trading Commission regulates that conduct, and practical considerations for businesses.
May 01, 2026John O’Donnell and Scott Balber and Prishika RajThe Department of Justice's March 2026 proposed rule, which state bar associations, former grievance attorneys, and political advocates frame as a power grab by the current administration, represents an attempt to re-open a long-ago resolved feud between the DOJ and the states over who regulates the ethical conduct of federal prosecutors.
May 01, 2026Robert J. Anello and Richard F. AlbertThe Illinois Department of Human Rights has drafted rules for the implementation of the new amendments. Below is a list of questions employers should be able to answer before integrating any new AI tool into their business in order to avoid costly penalties for violations of the new rules.
May 01, 2026Laura A. Balson and Cyle R. CatlettTrade crimes have emerged as a defining enforcement priority in white collar practice. For defense practitioners, the shift demands more than awareness; it requires retooling case strategies, developing technical fluency in complex regulatory regimes, and rethinking how to challenge the government’s theories of intent and culpability.
May 01, 2026Brittain Shaw and Mark CipollettiThis article covers potential landmines for the average elected official or public employee, particularly through the lens of the always developing Open Public Records Act and will provide some tools that municipal attorneys can use to fight back against self-inflicted wounds or AI overreach.
May 01, 2026Carl TaylorFor most of its 136-year history, Section 2 of the Sherman Antitrust Act was more of a threat than a weapon. The provision — which prohibits the willful acquisition or maintenance of monopoly power through anticompetitive conduct — carried demanding proof requirements, required expensive and expansive discovery, and produced so few trial victories that enforcers rarely tested it. When they did, they usually lost. That calculus may be shifting.
May 01, 2026Michael Gennaro










