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Expert Analysis

• Series

  Playing Mah-Jongg Makes Me A Better Mediator

  

  Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.

• Does Research Tool Safe Harbor Cover AI Drug Development?

  

  As artificial intelligence increasingly takes root in drug development, many questions may emerge regarding current gaps in courts' application of the research tool exception to the safe harbor defense against patent infringement, and whether that defense applies to AI-based tools, say attorneys at Arnold & Porter.

• Tips For Business Users After 2 Key AI Copyright Decisions

  

  Because two recent artificial intelligence copyright decisions from the Northern District of California — Bartz v. Anthropic and Kadrey v. Meta — came out mostly in favor of the developers using the plaintiffs' works to train large language models, business users should proceed with care, says Chris Wlach at Acxiom.

• Series

  Law School's Missed Lessons: Navigating Client Trauma

  

  Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.

• Copyright Takeaways From 2 Calif. GenAI Rulings

  

  Two California federal court decisions suggest that the fair use defense may protect generative artificial intelligence output, but given the ongoing war between copyright holders and AI platforms, developers should still consider taking steps to reduce legal risk, says Lincoln Essig at Knobbe Martens.

• 5 Things Manufacturing GCs Should Know About Cyber Risk

  

  Following a recent government report underscoring the growing cyber threat landscape for manufacturers, general counsel in the sector should be aware of the potentially broad consequences of a cyberattack, evolving notification systems and the need for incident response plans, say attorneys at Alston & Bird.

• Challenging A Class Representative's Adequacy And Typicality

  

  Recent cases highlight that a named plaintiff cannot certify a putative class action unless they can meet all the applicable requirements of the Federal Rules of Civil Procedure, so defendants should consider challenging a plaintiff's ability to meet typicality and adequacy requirements early and often, say attorneys at Womble Bond.

• Lawsuit, Exec Orders Should Boost Small Modular Reactors

  

  A lawsuit in Texas federal court and a set of new executive orders from the White House may finally push the U.S. Nuclear Regulatory Commission to allow for accelerated deployment of small modular reactors — a technology that could change the country's energy future, says Aleksey Shtivelman at Shutts & Bowen.

• Opinion

  4 Former Justices Would Likely Frown On Litigation Funding

  

  As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

• Congress Crypto Movement Could Bring CFTC 'Clarity' At Last

  

  The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.

• What To Know About Bill Aiming To Curb CIPA

  

  A bill pending in the California Assembly would amend the California Invasion of Privacy Act to allow for the use of website tracking technologies for commercial business purposes, limiting class actions seeking damages under the act for industry standard practices, say Katherine Alphonso and Avazeh Pourhamzeh at Kaufman Dolowich.

• Practical Implications Of SEC's New Crypto Staking Guidance

  

  The U.S. Securities and Exchange Commission's recent staff guidance that protocol staking does not constitute securities offerings provides a workable compliance blueprint for crypto developers, validators and custodial platforms willing to keep staking strictly limited to protocol-driven rewards, say attorneys at Cahill.

• Brand Protection Takeaways From OpenAI Trademark Case

  

  The ongoing battle between IYO and OpenAI offers critical lessons on diligent trademark enforcement and proactive risk management for startups and established players alike navigating branding in the rapidly evolving artificial intelligence sector, say attorneys at Dykema.

• How Attys Can Use AI To Surface Narratives In E-Discovery

  

  E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

• Identifying Data Center Investment Challenges, Opportunities

  

  The role of data centers is expanding, as are new opportunities for private capital investors, but there are issues to consider, including finance models and contract complexity, as well as power supply, cyber threat resilience and data sovereignty, say lawyers at Ropes & Gray.