ArticleInsurers Can Reasonably Rely On Expert Reports Without Acting UnreasonablyAs a general rule, insurers are not guilty of bad faith by virtue of actions that are in accordance with opinions from experts.United StatesInsuranceFBT Gibbons
ArticleScam Alert: Fake USPTO “Trademark Verification” Emails Targeting Trademark ApplicantsThere have been reports of law firms receiving a wave of fraudulent emails impersonating the U.S. Patent and Trademark Office (USPTO). These emails target trademark applicants with urgent demands...United StatesIntellectual PropertyFBT Gibbons
ArticleSixth Circuit Reaffirms Ohio's Intentional-Tort Exclusion In Encore Industries v. TravelersThe U.S. Court of Appeals for the Sixth Circuit recently issued a decision, in Encore Industries, Inc. v. Travelers Property Casualty Company of America, reaffirming long‑established Ohio law...United StatesLitigation, Mediation & ArbitrationFBT Gibbons
ArticleGuaranteed Cooperation: Recourse Liability For Hindering A Lender's Exercise Of RemediesIn our continuing examination of common non-recourse carveout provisions in commercial real estate loan documents...United StatesReal Estate and ConstructionFBT Gibbons
ArticleFDIC Unveils Application Process For Stablecoin Issuers Under The GENIUS ActBanks interested in issuing stablecoins or otherwise operating in a manner which may require licensure (as described below) should now consider the requirements to satisfy their obligations...United StatesTechnologyFBT Gibbons
ArticleFDIC Unveils Application Process For Stablecoin Issuers Under The GENUIS ACTBanks interested in issuing stablecoins or otherwise operating in a manner which may require licensure (as described below) should now consider the requirements to satisfy their obligations...United StatesTechnologyFBT Gibbons
ArticleGenerative AI In Business And Law: Protecting Privilege In The Age Of AIIn today’s world, artificial intelligence, and now generative artificial intelligence (GenAI), is everywhere. Many of us use it as a convenient tool – to draft emails, plan trips, or even choose a restaurant for date night.United StatesTechnologyFBT Gibbons
ArticleNJ Appellate Division Issues Decision Affirming Historic Environmental Justice RulesOn January 5, 2026, the New Jersey Appellate Division published a lengthy 72-page decision in In the Matter of the Adoption of N.J.A.C. 7:1C, affirming the state's environmental justice (EJ) rules...United StatesEnvironmentFBT Gibbons
ArticleInside The Vault: An Overview Of The Federal Reserve And Strategic Considerations For Lenders And IssuersThe Federal Reserve, which serves as the nation’s central bank, is set to undergo a major leadership transition in May 2026 when Jerome Powell’s term...United StatesFinance and BankingFBT Gibbons
ArticleCREF Roundup | Week 10, 2026The CREF Roundup is a periodic digest of noteworthy developments, insights, and commentary in the world of commercial real estate finance (CREF).United StatesReal Estate and ConstructionFBT Gibbons
ArticleCare To Predict What Happens? Kentucky’s New Prediction Markets TaxIn the recently concluded 2026 Regular Session of Kentucky’s General Assembly, there was significant activity concerning prediction markets like Kalshi and Polymarket, all with potential serious economic impact.United StatesStrategyFBT Gibbons
ArticleFifth Circuit Hands A Big Win To Limited PartnersThe U.S. Court of Appeals for the Fifth Circuit issued a significant decision affecting how limited partners are treated for self‑employment tax purposes on January 16, 2026. United StatesTaxFBT Gibbons
ArticleOCC Proposal Introduces Comprehensive Framework For Stablecoin Issuers Under GENIUS ActThe Office of the Comptroller of the Currency (OCC) issued a Notice of Proposed Rulemaking on February 25, 2026, to implement large portions of the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS ) Act.United StatesTechnologyFBT Gibbons
ArticleExcess Forecast: Five Warning Signs A Routine Claim Is About To EscalateExcess carriers face a unique challenge: estimating where a potentially high-value claim will end up before most of the pertinent facts have come to lightUnited StatesCorporate/Commercial LawFBT Gibbons
ArticleNew Jersey Law Against Discrimination: Third Circuit Strikes Down Background Circumstances RuleIn Massey v, Borough of Bergenfield, __ F.4th __ (3d Cir. 2026), the U.S. Court of Appeals for the Third Circuit held that a white employee who alleged...United StatesEmployment and HRFBT Gibbons
ArticleCREF Roundup | Week 18, 2026Major U.S. banks continue reducing troubled commercial real estate loan exposure while CMBS lenders face margin pressure from market volatility. Meanwhile, data center developments are evolving into complex infrastructure plays constrained by power availability, and private credit markets show signs of stress that could restrict small business funding.United StatesFinance and BankingFBT Gibbons
ArticleGovernor Sherrill's 2027 Budget Focuses On Affordability And Fiscal Responsibility For New JerseyOn Tuesday afternoon, Governor Mikie Sherrill presented her Fiscal Year (FY) 2027 state budget to a joint session of the New Jersey Legislature in Trenton, NJ.United StatesTaxFBT Gibbons
ArticleRolling QSBS Gains Under Section 1045? Don't Ignore Working CapitalOur QSBS tax planning group at FBT Gibbons regularly assists taxpayers with Section 1202 planning/substantiation and Section 1045 rollovers into replacement qualified small business stock (QSBS).United StatesTaxFBT Gibbons
ArticleCalifornia's Textile EPR Program Is Active: Key Compliance Deadlines And What Producers Should Do NowCalifornia's Responsible Textile Recovery Act of 2024 has moved from enactment into implementation. United StatesEnvironmentFBT Gibbons
ArticleNYSDEC Finalizes Important Amendments To Its Brownfield And Superfund RegulationsOn December 31, 2025, the New York State Department of Environmental Conservation (NYSDEC) finalized important amendments to the regulations that implement its remedial...United StatesEnvironmentFBT Gibbons