Expert Analysis

• 9th Circ. Kellogg Ruling Offers Protein Claim Defense Tips

  

  The Ninth Circuit's recent opinion dismissing consolidated false advertising class actions against Kellogg and Kashi should be required reading for manufacturers that include protein-related claims on their product labels because it significantly clarifies the viability of state law challenges to those claims, say Olivia Dworkin and Cortlin Lannin at Covington.

• Top 4 Employer AI Risks And How To Mitigate Them

  

  The use of generative artificial intelligence by employees to perform their job duties presents significant challenges to their employers, so companies are now left to adapt their businesses, processes and procedures to address this useful but potentially disruptive technology, say Randi May and John Walpole at Tannenbaum Helpern.

• 'Blind Side' Family Case Is A Cautionary Tale For Attorneys

  

  Former NFL player Michael Oher's recent allegations against Sean and Leigh Anne Tuohy that they never legally adopted him and tricked him into conservatorship — which paint a very different picture than the 2009 film "The Blind Side" — demonstrate the importance of attorney due diligence and safeguards against abuse of process, says Roland Weekley at Smith Gambrell.

• The Basics Of Being A Knowledge Management Attorney

  Excerpt from Practical Guidance

  

  Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

• Perspectives

  'True Threat' Ruling May Ensnare Kids' Online Speech

  

  The U.S. Supreme Court’s recent Counterman v. Colorado decision correctly held that a showing of intent is required to prosecute someone for true threats, but the amorphous standard adopted by the court risks overcriminalizing children’s use of social media and text-based communications, say Adam Pollet at Eversheds Sutherland and Suzanne La Pierre at Human Rights for Kids.

• Opinion

  Generative AI Is Essential To Patent Industry's Sustainability

  

  Ian Schick at Ethan Nathaniel discusses how stakeholders who leverage the power of generative AI now can flourish as the patent sector navigates the perfect storm of increased demand for patent applications and a declining number of early-career practitioners.

• Pros And Cons Of Top-Four Network Rule In The Digital Age

  

  In the era of streaming, broadcasters have recently urged the Federal Communications Commission to remove the top-four network rule — which prohibits common ownership of any two major network stations — in some or all markets, but others argue the rule preserves competition and diversity, say Gregg Skall and Ashley Brydone-Jack at Telecommunications Law Professionals.

• 3 Areas Look Ripe For New SEP Licensing, Litigation

  

  As we wait for standard-essential patent litigation over 5G, data compression and several other technologies have quietly developed elements that make them attractive to SEP holders, turning them into areas to watch for increased licensing and litigation in the near term, say Brian Johnson and Michael O’Mara at Axinn.

• 3 Factors That May Complicate Jury Selection In Trump Trials

  

  As former President Donald Trump prepares to face four trials in Georgia, Florida, New York and Washington, D.C., judges and attorneys in these venues may find it challenging to seat fair and impartial juries for several key reasons, says Richard Gabriel at Decision Analysis.

• How NY SLAPP Defendants Can Recover Fees In Fed. Court

  

  Because of the conflicting federal case law regarding the New York anti-SLAPP law's fee-shifting provision, defamation defendants seeking to invoke the law in federal court need to tread carefully in deploying it, and must follow certain strategies when filing motions for fees, say attorneys at Gibson Dunn.

• To Hire And Keep Top Talent, Think Beyond Compensation

  

  Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

• The NAD Has Become More Challenger-Friendly

  

  Samuel Butler and Katie Bond at Keller and Heckman discuss the results of their review of over 400 National Advertising Division cases to determine if the widely perceived notion — that challengers of the self-regulatory body tend to win — is true.

• 4 Ways Generative AI May Implicate Trademarks

  

  Attorneys at Covington consider generative AI's impact on intellectual property infringement as it applies to the trademark arena, assessing the risks of compromises in key scenarios including when AI-generated output is related to another entity's marks, goods or services.

• Perspectives

  More States Should Join Effort To Close Legal Services Gap

  

  Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

• How Health Cos. Can Brace For Tracking Tech Scrutiny

  

  A joint letter sent by the U.S. Department of Health and Human Services Office for Civil Rights and Federal Trade Commission last month highlights the agencies' concerns about tracking technologies, and may foreshadow a spike in enforcement actions, say attorneys at Moses Singer.