Expert Analysis

• 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

  

  The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.

• A Reminder On Avoiding Improper Venues In Patent Cases

  

  A Texas federal court's recent decision in the Symbology and Quantum cases shows that baseless patent venue allegations may be subject to serious Rule 11 sanctions, providing venue-vetting takeaways for plaintiffs and defendants.

• Cos. Should Prepare For Mexican Payments Surveillance Tool

  

  The recent designation of six Mexican cartels as "specially designated global terrorists" will allow the Treasury Department to scrutinize nearly any Mexico-related payment through its Terrorist Finance Tracking Program — a rigorous evaluation for which even sophisticated sanctions compliance programs are not prepared, says Jeremy Paner at Hughes Hubbard.

• Implications Of Kid Privacy Rule Revamp For Parents, Cos.

  

  The Federal Trade Commission's recent amendments to the Children's Online Privacy Protection Act will expand protections for children online, meaning parents will have greater control over their children's data and tech companies must potentially change their current privacy practices — or risk noncompliance, say attorneys at Labaton Keller.

• 2 Practical Ways For Banks To Battle Elder Financial Abuse

  

  Federal regulators' recent statement raising awareness of elder financial exploitation provides a useful catalog of techniques that banks can employ to fight fraud, particularly encouraging older account holders to establish trusted contacts and sharing timely warnings about the latest scams with customers, say attorneys at Nutter.

• When Reincorporation Out Of Del. Isn't A Good Idea

  

  While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.

• Is AI Distillation By DeepSeek IP Theft?

  

  A brewing controversy over whether Chinese artificial intelligence company DeepSeek's distillation of outputs from OpenAI's ChatGPT violates copyright law raises questions about the legality and ethics of such practices, and will set important precedents for the future of AI development and intellectual property law, say attorneys at Winston & Strawn.

• Opinion

  SEC Defense Bar Should Pursue Sanctions Flexibility Now

  

  The U.S. Securities and Exchange Commission defense bar has an opening under the new administration to propose flexible, tailored sanctions that can substantially remediate misconduct and prevent future wrongdoing instead of onerous penalties, which could set sanctions precedent for years to come, says Josh Hess at BCLP.

• 7 Tips For Associates To Thrive In Hybrid Work Environments

  Excerpt from Practical Guidance

  

  As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

• Series

  Playing Beach Volleyball Makes Me A Better Lawyer

  

  My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

• Considering The Future Of AI Regulation On Health Sector

  

  As Texas looks to become the next state to pass a comprehensive law regulating artificial intelligence, the healthcare industry should consider how AI regulation will continue to evolve in the U.S. and how industry members can keep up with compliance considerations, say attorneys at Kirkland & Ellis.

• Opinion

  2 Errors Limit The Potential Influence Of AI Fair Use Case

  

  The recent opinion in Thomson Reuters v. ROSS Intelligence may have little predictive value for artificial intelligence litigation, because the decision failed to engage with an important line of case law on intermediate copying, and misapplied the concepts of commercial substitution and superseding use, says Brandon Butler at Jaszi Butler PLLC.

• What's Next For Russia Sanctions After Task Force Disbanded

  

  Attorney General Pam Bondi’s recent disbanding of Task Force KleptoCapture, which was initially aimed at seizing Russian oligarchs’ funds and assets, is unlikely to mean the end of Russia sanctions enforcement and other economic countermeasures, as the architecture for criminal enforcement remains in place, say attorneys at BakerHostetler.

• How Law Firms Can Counteract The Loneliness Epidemic

  

  The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

• Opinion

  DOJ's HPE-Juniper Challenge Is Not Rooted In Law

  

  Legal precedents that date back as far as 1990 demonstrate that the U.S. Department of Justice's recent challenge to the proposed $14 billion merger between Hewlett Packard and Juniper is misplaced because no evidence of collusion or coordinated conduct exists, says Thomas Stratmann at George Mason University.