Expert Analysis

• Opinion

  Horizontal Stare Decisis Should Not Be Casually Discarded

  

  Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

• Grounding Netflix's 'Death By Lightning' In Patent History

  

  In Netflix’s "Death by Lightning," U.S. President James Garfield's assassin declares that patent lawyers lack original ideas, but real-life 19th-century patent attorney-inventors were key to technological progress and the success of the American patent system, say Tasha Gerasimow at Kirkland & Ellis and David Gerasimow at Gerasimow Law.

• How Fed. Circ. Shaped Subject Matter Eligibility In 2025

  

  The Federal Circuit's most impactful patent eligibility decisions this year, touching on questions about obviousness and abstractness, provide a toolbox of takeaways that can be utilized during patent preparation and prosecution to guard against potential challenges, says Reilley Keane at Banner Witcoff.

• Key Takeaways From Armed Services Board's FY 2025 Report

  

  The Armed Services Board of Contract Appeals’ annual report reveals an increase in new cases filed, but a decrease in cases resolved, and fewer parties choosing alternative dispute resolution, despite the likely reduction in time and expenses incurred during a prolonged appeal process, say attorneys at Miller & Chevalier.

• Categorical Exclusions Bring New NEPA Litigation Risks

  

  With recent court rulings and executive actions shifting regulatory frameworks around the National Environmental Policy Act — especially regarding the establishment, adoption and use of categorical exclusions to expedite projects — developers must carefully evaluate the risks presented by this altered and uncertain legal landscape, says Stacey Bosshardt at Greenberg Traurig.

• DC Circ. Decision Reaffirms SEC Authority Post-Loper Bright

  

  The recent denial of a challenge to invalidate 2024 amendments to the U.S. Securities and Exchange Commission's tick size and fee-cap rules reinforces the D.C. Circuit's deference to SEC expertise in market structure regulation, even after Loper Bright, though implementation of the rules remains uncertain, say attorneys at Sidley.

• 10 Commandments For Agentic AI Tools In The Legal Industry

  

  Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.

• Fed. Circ. In Oct.: Spotlight On Wording Beyond Patent Claims

  

  The Federal Circuit's recent decision in Barrette Outdoor Living v. Fortress Iron provides useful guidance on how patent prosecutors should avoid language that triggers specification disclaimer and prosecution disclaimer, doctrines that may be used to narrow the scope of patent infringement claims, say attorneys at Knobbe Martens.

• NY Tax Talk: New ALJs, New Rules, Apportionment, Bundling

  

  Attorneys at Eversheds review the top New York tax law developments from last quarter, including appointments to the New York City Tax Appeals Tribunal and the city's proposed rules to clarify income taxation of foreign corporations, and highlight two litigation matters to watch.

• What Trump's Scientific Discovery AI Order Will Mean For Cos.

  

  Although private organizations will not see an immediate change in their compliance obligations from President Trump's recent executive order establishing a government effort to use artificial intelligence to accelerate scientific discovery, large enterprises and critical infrastructure operators will face pressure to demonstrate that their AI practices are comparable, says Shawn Tuma at Spencer Fane.

• 9th Circ. Ruling Upholds Employee Speech Amid Stalled NLRB

  

  The Ninth Circuit's recent decision in National Labor Relations Board v. North Mountain Foothills Apartments shows that courts are enforcing National Labor Relations Act protections despite the board's current paralysis, so employers must tread carefully when disciplining employee speech, whether at work or online, say attorneys at Foley & Lardner.

• Series

  Preaching Makes Me A Better Lawyer

  

  Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.

• Why Digital Asset Treasuries Are Drawing Regulator Concerns

  

  Financial regulators’ recent focus on potential insider trading and investor risk at hundreds of publicly traded digital asset treasuries may have been summoned by how quickly this rapidly expanding market responds to asset allocation decisions, as well as variations in risk disclosure practices across the sector, say attorneys at The Brattle Group.

• How Large Patent Damages Awards Actually Play Out

  

  Most large verdicts in patent infringement cases are often overturned or reduced on appeal, implying that the Federal Circuit is serving its intended purpose of correcting outlier outcomes, and that the figures that catch headlines and dominate policy debates may misrepresent economic realities, says Bowman Heiden at Berkeley School of Law.

• State, Federal Incentives Heat Up Geothermal Projects

  

  Geothermal energy can now benefit from dramatically accelerated permitting for development on federal land as well as state-level renewable energy portfolio standards — but operating in the complex legal framework surrounding geothermal projects requires successful navigation of complex water rights and environmental regulations, say attorneys at Holland & Hart.