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Expert Analysis

• What Patent Claim 'Invalidity' Means In Different Forums

  

  A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.

• Rebuttal

  BigLaw Settlements Should Not Spur Ethics Deregulation

  

  A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

• Environmental Justice Is Alive And Well At The State Level

  

  Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.

• 5 Ways Lawyers Can Earn Back The Public's Trust

  

  Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

• Notable Q2 Updates In Insurance Class Actions

  

  Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.

• Series

  Hiking Makes Me A Better Lawyer

  

  On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.

• 6 Tips On Drafting Machine Learning Patents Post-Recentive

  

  While the Federal Circuit's decision in Recentive v. Fox narrows the scope of patent-eligible machine learning applications, there are several drafting and prosecution strategies that may help practitioners navigate Section 101 challenges, say attorneys at BCLP.

• Opinion

  3rd Circ. H-2A Decision Mistakenly Relies On Jarkesy

  

  The Third Circuit's decision last month in Sun Valley v. U.S. Department of Labor found that the claims required Article III adjudication under the U.S. Supreme Court's Jarkesy decision — but there is an alternative legal course that can resolve similar H-2A and H-2B cases on firmer constitutional ground, says Alex Platt at the University of Kansas School of Law.

• Series

  Law School's Missed Lessons: Negotiation Skills

  

  I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.

• Opinion

  Andreessen Horowitz's Take On Delaware Is Misguided

  

  Hostility toward incorporation in Delaware, as expressed in Andreessen Horowitz's recent announcement that it has moved its primary business from the First State to Nevada, is based on a basket of arguments that fail to stand up to harsher scrutiny, say attorneys at Alto Litigation.

• Conflicting Developments In Homelessness Legal Landscape

  

  Looking at an executive order and Third Circuit opinion from last month highlights the ongoing tension in homelessness-related legal issues facing state and local governments, property owners, and individuals experiencing homelessness, says Josh Collins, an attorney for the City of South Salt Lake.

• Opinion

  Bar Exam Reform Must Expand Beyond A Single Updated Test

  

  Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.

• A Simple Way Courts Can Help Attys Avoid AI Hallucinations

  

  As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.

• M&A Ruling Reinforces High Bar For Aiding, Abetting Claims

  

  The Delaware Supreme Court's recent decision in In re: Columbia Pipeline may slow the filing of aiding and abetting claims against third-party buyers in situations where buyers negotiate aggressively, putting buy-side dealmakers' minds at ease that they likely won't be liable for seeking the best possible deal, say attorneys at Simpson Thacher.

• Series

  Creating Botanical Art Makes Me A Better Lawyer

  

  Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.