Expert Analysis

• Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons

  

  As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.

• Nvidia Supreme Court Case May Not Make Big Splash

  

  The skeptical tenor of the justices' questioning at oral argument in Nvidia v. Ohman Fonder suggests that the case is unlikely to alter the motion to dismiss pleading standard in securities class actions, as some had feared, say attorneys at WilmerHale.

• Series

  Circus Arts Make Me A Better Lawyer

  

  Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

• How D&O Coverage Can Aid Against Increased AI Scrutiny

  

  The recent increase in regulatory enforcement and securities class actions stemming from corporate use of artificial intelligence should prompt companies to ensure that their directors and officers liability insurance coverage is appropriately tailored to AI-related risks, say attorneys at Reed Smith.

• FTC Focus: Zeroing In On Post-Election Labor Markets

  

  The presidential election and the push-and-pull of the administrative state's reach are likely to affect the Federal Trade Commission's focus on labor markets, including the tenor of noncompete rule enforcement, say attorneys at Proskauer.

• Purse-Case Scenarios: 'MetaBirkin' Appeal Tests TM Rights

  

  A federal court's finding that "MetaBirkin" nonfungible tokens infringed on Hermes' iconic Birkin bag imagery is now on appeal in the Second Circuit, and the order will have a lasting effect on how courts balance trademark rights and the First Amendment, say attorneys at Venable.

• OpenAI's Patent Pledge Is Not All It Seems

  

  A recent statement that OpenAI won't assert its own patents is more of an aspiration than an obligation, and should prompt practitioners to think deeply about the underlying legal mechanisms of patent and contract law when determining the effectiveness of similar nonassertion pledges, say attorneys at McDonnell Boehnen.

• 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

  

  Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

• Advising Employers As AI Meets DEI And Discrimination

  Excerpt from Practical Guidance

  

  Though companies can use artificial intelligence tools to develop more diverse and inclusive workforces, counsel should also prepare employers for how AI can stymie these efforts, provoke discrimination claims and complicate resulting litigation, says Emily Schifter at Troutman Pepper.

• Unpacking The CFPB's Personal Financial Data Final Rule

  

  The Consumer Financial Protection Bureau's personal financial data rights rule includes several important changes from the proposed rule, and hundreds of pages of supplementary information that provide important insights into the manner in which the bureau will enforce the final rule, say attorneys at Sidley.

• The Bar Needs More Clarity On The Discovery Objection Rule

  

  Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

• Deepfakes In Court Proceedings: How To Safeguard Evidence

  

  The legal community can confront the risks that deepfake technology poses to the integrity of court proceedings by embracing the latest detection technologies, developing comprehensive legal frameworks and fostering education and collaboration, say Daniel Garrie and Jennifer Deutsch at Law & Forensics.

• TM Suit Over Google AI Name Points To New Branding Issues

  

  Gemini Data’s recent lawsuit in California federal court alleging Google’s rebranded artificial intelligence chatbot stole its name may have broader implications for the scope of trademark rights for AI-related products and highlights that an evolving marketplace may force companies to recalibrate how they protect their brands, say attorneys at ArentFox Schiff.

• The AI Consumer Class Action Threat Is Not A Hallucination

  

  As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.

• How Patent Landscape Analysis Drives Business Growth

  

  Keegan Caldwell at Caldwell Law explores how patent landscape analysis serves as a key driver of sustainable growth — examining how its components, strategic advantages and implementation best practices are reshaping innovation leadership.