Expert Analysis

• Opinion

  No, Litigation Funders Are Not 'Fleeing' The District Of Del.

  

  A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

• The Compliance Trends And Imperatives On Tap In 2025

  

  The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.

• Patent Policy Changes To Track Under New Gov't Leadership

  

  The new federal government will likely bring pivotal shifts in U.S. patent policy through legislation and initiatives that reflect a renewed focus on strengthening intellectual property rights, fostering innovation and enhancing the nation's competitive edge, says PK Chakrabarti at Butzel Long.

• Liability Risk For AI In Medical Devices Demands Greater Care

  

  As regulators push for legal reform surrounding artificial intelligence and cases implicating product liability for AI in medical technology continue to rise, manufacturers must adapt and implement new strategies to accommodate evolving risks, say attorneys at Crowell & Moring.

• Series

  Calif. Banking Brief: All The Notable Legal Updates In Q4

  

  Douglas Thompson at Snell & Wilmer highlights a number of recent and pending issues, actions and potentially pivotal federal regulatory and legislative developments on deck that will affect California banks and financial institutions.

• Opinion

  Congress Should Finally Add Clarity To Section 101

  

  With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.

• 5 E-Discovery Predictions For 2025 And Beyond

  

  In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

• Best Practices To Find Del. Earnout Provisions That Hold Up

  

  Recent Delaware earnout litigation illustrates the need for careful drafting and proactive planning to avoid later divergent interpretations of the signed contract, and a series of drafting tips can help, say attorneys at Cozen O'Connor.

• Preparing For Mexican Drug Cartels' Terrorist Designation

  

  In the event President-elect Donald Trump designates Mexican drug cartels as foreign terrorist organizations, businesses will need to consider how their particular industry is affected and evaluate previously legitimate practices given the cartels' involvement so many sectors of the economy, say attorneys at King & Spalding.

• Where Payments Law And Regulation Are Headed In 2025

  

  The Trump administration will likely bring significant changes to payments regulations in 2025, but maintaining internal compliance efforts in the absence of robust federal oversight will remain key as state authorities and private plaintiffs step into the breach, say attorneys at Stinson.

• What To Expect From Federal Cybersecurity Policy In 2025

  

  There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.

• 4 Trade Secret Developments To Follow This Year

  

  Significant developments in trade secret law are likely in 2025, and areas to watch include protection of AI-related innovations, the fate of the Federal Trade Commission's noncompete ban, and questions of the federal Defend Trade Secrets Act's extraterritorial reach, say attorneys at Faegre Drinker.

• Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas

  

  Expected coordination between a Republican Congress and presidential administration may expose companies to simultaneous criminal, civil and congressional investigations, particularly with regard to supply chain risks in certain industries, government contracting and cross-border investment, say attorneys at Morgan Lewis.

• Bid Protest Spotlight: Certification, Lateness, SBA Eligibility

  

  In this month's bid protest roundup, Cody Fisher at MoFo examines three recent decisions from the U.S. Court of Appeals for the Federal Circuit and the U.S. Government Accountability Office that address the treatment of a proposal that was timely submitted but received late, and highlight nuances of certification and small business eligibility requirements.

• 6 Predictions For Cyber Risk And Insurance In 2025

  

  This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.