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Expert Analysis

• Trending At The PTAB: A Pivot On Discretionary Denials

  

  Following the U.S. Patent and Trademark Office's rescission of the 2022 Vidal memorandum and a reversion to the standards under Apple v. Fintiv, petitioners hoping to avoid discretionary denials should undertake holistic review of all Fintiv factors, rather than relying on certain fail-safe provisions, say attorneys at Finnegan.

• How Attorneys Can Master The Art Of On-Camera Presence

  

  As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

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  Baseball Fantasy Camp Makes Me A Better Lawyer

  

  With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

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  Adapting To Private Practice: From Fed. Prosecutor To BigLaw

  

  Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

• Fed. Circ. In Feb.: Lessons On Cases With Many Patent Claims

  

  The Federal Circuit's decision in Kroy IP v. Groupon last month establishes that inter partes review petitioners cannot rely on collateral estoppel to invalidate patent claims after challenging a smaller subset, highlighting the benefit that patent owners may gain from seeking patents with many claims, say attorneys at Knobbe Martens.

• How Calif. Algorithmic Pricing Bills Could Affect Consumers

  

  California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.

• How Importers Can Minimize FCA Risks Of Tariff Mitigation

  

  False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.

• State Securities Enforcers May Fill A Federal Enforcement Gap

  

  The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.

• Firms Still Have Lateral Market Advantage, But Risks Persist

  

  Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

• Opinion

  We Must Allow Judges To Use Their Independent Judgment

  

  As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

• Class Actions At The Circuit Courts: March Lessons

  

  In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.

• The PFAS Causation Question Is Far From Settled

  

  In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.

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  Performing Stand-Up Comedy Makes Me A Better Lawyer

  

  Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

• 3 Del. Bankruptcy Cases Highlight US Trustee Objections

  

  As three recent Delaware bankruptcy cases show, debtors who seek approval of a stalking horse bid protections agreement should be prepared for the U.S. Trustee Office's objections, including if the proposed classification for the bid protections is a superpriority administrative expense claim, says Kyle Arendsen at Squire Patton.

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  Adapting To Private Practice: From SEC To BigLaw

  

  As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.