Expert Analysis

• How Loper Bright Is Affecting Pending FCC Litigation

  

  Pending challenges against Federal Communications Commission orders at the Sixth and Eleventh Circuits following the U.S. Supreme Court's decision in Loper Bright highlight that counsel must be familiar with the statutes, regulations and precedent relevant to the FCC to best navigate the rapidly changing compliance landscape, say attorneys at Davis Wright.

• Series

  Round-Canopy Parachuting Makes Me A Better Lawyer

  

  Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

• 7 Takeaways For Companies After Justices' Bribery Ruling

  

  The U.S. Supreme Court’s Snyder v. U.S. decision this summer, holding that a federal law does not criminalize after-the-fact gratuities made to public officials, raises some key considerations for companies that engage with state, local and tribal governments, say attorneys at BakerHostetler.

• Why Now Is The Time For Law Firms To Hire Lateral Partners

  

  Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

• Series

  After Chevron: Courts Will Still Defer To Feds On Nat'l Security

  

  Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.

• What 7th Circ. Collective Actions Ruling Means For Employers

  

  With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.

• Considering Possible PR Risks Of Certain Legal Tactics

  

  Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

• Perspectives

  DC Circ. Seizure Ruling Deepens 4th Amendment Circuit Split

  

  The D.C. Circuit’s recent Asinor v. District of Columbia decision, holding that the government’s continued possession of seized property must be reasonable, furthers a split among circuit courts and portends how the text, history and tradition method might influence Fourth Amendment cases, say Ty Howard and Wayne Beckermann at Bradley Arant.

• Defamation Law Changes May Be Brewing At Supreme Court

  

  The U.S. Supreme Court's significant rightward shift has produced dramatic changes in many areas of the law, and the long-standing "actual malice" standard protecting speech about public figures could be the next precedent to fall, say attorneys at Paul Hastings.

• It's No Longer Enough For Firms To Be Trusted Advisers

  

  Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

• Breaking Down Director Review Timing At The PTAB

  

  Attorneys at Fish & Richardson examine the complexities of director review of a Patent Trial and Appeal Board ruling, including timelines for requests and decisions, and how these factors influence related district court cases.

• Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

  

  The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

• Patent Lessons From 4 Federal Circuit Reversals In July

  

  The Federal Circuit’s July reversal of four cases, all of which were Patent Trial and Appeal Board decisions, highlights lessons for patent practitioners regarding the scope of estoppel provisions, potential issues with obtaining certain substitute claims, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

• 'Greenhushing': Why Some Cos. Are Keeping Quiet On ESG

  

  A wave of ESG-related litigation and regulations have led some companies to retreat altogether from any public statements about their ESG goals, a trend known as "greenhushing" that was at the center of a recent D.C. court decision involving Coca-Cola, say Gonzalo Mon and Katie Rogers at Kelley Drye.

• Video Game Release Highlights TM Pitfalls Of App Store

  

  The upcoming release of poker video game Balatro in Apple's App Store underscores the tradeoff of keyword advertising and trademark protection for indie developers who, unlike corporate counterparts, lack resources but seek to maximize the reach of their game, say Parmida Enkeshafi and Simon Pulman at Pryor Cashman.