Expert Analysis

• Why NYC Building Owners Shouldn't Ignore Emissions Rule

  

  New rules from the New York City Department of Buildings clarify the previously vague good faith efforts that building owners may make to mitigate penalties for not complying with a major carbon emission law that takes effect in January, and should discourage owners from simply paying the fines instead of decarbonizing, says William McCracken at Moritt Hock.

• FCC Notice Of Inquiry Highlights AI Robocall Concerns

  

  The Federal Communications Commission recently released a notice of inquiry seeking comment on the implications of emerging artificial intelligence technologies on robocalls and robotexts, raising questions around its authority to address AI under the Telephone Consumer Protection Act, say Aaron Weiss and Samantha Goldstein at Carlton Fields.

• New Regs Will Strengthen Voluntary Carbon Offset Market

  

  Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.

• How FinCEN's Proposed Rule Stirs The Pot On Crypto Mixing

  

  The Financial Crimes Enforcement Network’s recently issued proposal aims to impose additional reporting requirements to mitigate the risks posed by convertible virtual currency mixing transactions, meaning financial institutions may need new monitoring techniques to detect CVC mixing beyond just exposure, say Jared Johnson and Jordan Yeagley at Buchanan Ingersoll.

• 2nd Circ. Defamation Ruling May Chill NY Title IX Reports

  

  The Second Circuit’s recent decision, holding accusers in Connecticut Title IX sexual misconduct cases are not immune to defamation claims, means that New York higher education institutions should reassess whether their disciplinary hearing procedures both protect due process and encourage victim and witness participation, says Nicole Donatich at Cullen and Dykman.

• Series

  Writing Thriller Novels Makes Me A Better Lawyer

  

  Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

• Unpacking Long-Awaited Clean Energy Tax Credit Guidance

  

  Recently proposed Internal Revenue Service regulations provide welcome confirmatory guidance on the application of investment tax credits as reworked by 2022's Inflation Reduction Act, prevailing wage and apprenticeship rules that are largely consistent with market expectations, and broader eligibility criteria that should please the wind power industry in particular, say attorneys at Morgan Lewis.

• What Lawyers Must Know About Calif. State Bar's AI Guidance

  

  Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

• Industry Must Elevate Native American Women Attys' Stories

  

  The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

• Expanding EPA's Universal Waste Rule For Renewable Energy

  

  The U.S. Environmental Protection Agency plans to modify and expand the Resource Conservation and Recovery Act's universal waste rule to include lithium batteries and solar panels next year, which could intensify current standards in some cases, but weaken them in others, says Aaron Goldberg at Beveridge & Diamond.

• A Look At Mass. Sports Betting Data Privacy Regulations

  

  The Massachusetts Gaming Commission recently approved data privacy regulations under the state's sports wagering act to promote responsible gaming, showing a trend of regulators directing companies on how to protect personal information used by artificial intelligence systems, say Liisa Thomas and Kathryn Smith at Sheppard Mullin.

• Title IX Grievance Rules Raise Due Process Questions

  

  The U.S. Department of Education’s proposed Title IX regulations for campus disciplinary proceedings would ease the administrative burden on institutions, but raise fairness and due process questions that will likely lead to follow-on litigation, say Markus Funk and Christopher Wilkinson at Perkins Coie.

• A Breakdown Of The OCC's New Venture Lending Pointers

  

  In light of the Office of the Comptroller of the Currency's recent bulletin outlining venture lending risks for banks, Matt Schwartz and Jeffrey Hare at DLA Piper highlight key considerations for both lenders and venture-backed companies seeking or maintaining loans from OCC-regulated national banks and federal thrifts.

• White House Activity Is A Band-Aid For Regulating AI In Health

  

  In the medium term, recent White House actions will have a greater impact on AI in the health care industry than Congress' sluggish efforts to regulate it, but ultimately legislation of AI's development and use in the health space will fall to Congress, say Wendell Bartnick and Vanessa Perumal at Reed Smith.

• 3 AI Regulation Developments Insurers Must Follow

  

  Insurance regulators continue to actively develop regulations and guidance on the use of artificial intelligence, so insurers should be aware of recent developments from the Colorado Division of Insurance, the National Association of Insurance Commissioners and the New York Department of Financial Services, say attorneys at Willkie.