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Expert Analysis


A Former PTAB Judge Weighs The End Of Remote Hearings

Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.


How Proposed FAA Rule May Streamline Drone Operations

The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.


What To Expect From 401(k) Plan Alternative Assets Order

The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.


The Future Of Lab-Test Regs After FDA Rescinds Rule

The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.


SDNY Ruling Reinforces Joint Steering Committee Obligations

The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.


How AI Is Easing Digital Asset Recovery In Fraud Cases

In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.


Fleeing Or Just Leaving Quickly? 2nd Circ. Says It Depends

The Second Circuit鈥檚 recent U.S. v. Bardakova decision adopted a new approach for determining whether a defendant who commits a crime in the U.S., and then leaves and remains abroad, intends to avoid prosecution 鈥 making it more difficult to argue against the fugitive disentitlement doctrine in most cases, say attorneys at MoloLamken.


5 Critical Changes Coming To Bankruptcy Rule 3002.1

Residential mortgage lenders and servicers should prepare for significant amendments to Bankruptcy Rule 3002.1 taking effect this December that will impose new filing requirements, codify how creditors handle untimely payment change notices and allow debtors to request status updates, say attorneys at Bradley Arant.


Sanctions Considerations For Reentering The Syrian Market

Reentering or opening new markets in Syria, now that the Trump administration has revoked certain long-standing sanctions and export controls, necessitates increased due diligence and best practices capable of adapting to a changing local environment as well as future changes in U.S. law, say attorneys at Nixon Peabody.


What 2 Profs Noticed As Transactional Law Students Used AI

After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.


Despite SEC Reset, Private Crypto Securities Cases Continue

While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.


State AGs Are Turning Up The Antitrust Heat On ESG Actions

Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.


What Patent Claim 'Invalidity' Means In Different Forums

A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.


Crypto Custody Guidelines Buoy Both Banks And Funds

A statement released last month by banking regulators 鈥 highlighting risks that the agencies expect banks holding crypto-assets to mitigate 鈥 may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.


Top Takeaways From Trump's AI Action Plan

President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.


Navigating Executive Perk Enforcement Under Trump Admin

While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.


Reel Justice: 'Eddington' Spotlights Social Media Evidence

In the neo-Western black comedy 鈥淓ddington鈥 released last month, social media is a character unto itself, highlighting how the boundaries between digital and real-world conduct can become blurred, thereby posing evidentiary challenges in criminal prosecutions, says Veronica Finkelstein at Wilmington University School of Law.


8th Circ. Rulings Show Employer ADA Risks In Fitness Tests

Two recent Eighth Circuit decisions reviving lawsuits brought by former Union Pacific employees offer guidance for navigating compliance with the Americans with Disabilities Act, serving as a cautionary tale for employers that use broad fitness-for-duty screening programs and highlighting the importance of individualized assessments, says Masood Ali at Segal McCambridge.


It Ends With Us Having No Coverage?

A recent suit filed by Harco National Insurance disclaiming coverage for Wayfarer and Justin Baldoni's defense against Blake Lively's claims in the "It Ends With Us" legal saga demonstrates that policyholders should be particularly cautious when negotiating prior knowledge exclusions in their claims-made policies, says Meagan Cyrus at Shumaker.


Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns

Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.



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Special Series


My Hobby Makes Me A Better Lawyer

In this Expert Analysis series, attorneys share how their unusual extracurricular activities enhance professional development, providing insights and pointers that translate to the office, courtroom and beyond.




Adapting To Private Practice

In this Expert Analysis series, attorneys who have made the move from government work to private practice in the last few years reflect on how they transitioned to law firm life, and discuss tips for others.




Opinion


BigLaw Settlements Should Not Spur Ethics Deregulation

A recent 蓝莓视频 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

8th Circ. Should Reaffirm False Commercial Speech's Nature

The Eighth Circuit in Goldfinch Laboratory v. Iowa Pathology Associates should assert that false commercial speech is not categorically immune from antitrust scrutiny, says Daniel Graulich at the Federal Trade Commission.



Access to Justice Perspectives


Deepfake Evidence Battles May Exacerbate Justice Inequities

As AI-generated evidence and deepfake claims become more common in litigation, the steep expense of challenging or verifying such evidence threatens to worsen unequal justice system outcomes 鈥 and a new cost-allocation framework is needed to preserve fairness, says Rebecca Delfino at Loyola Law School.