Expert Analysis

• 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.

• Identifying Trends And Tips In Litigation Financing Disclosure

  

  Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

• How New Illinois Child Influencer Law Affects Advertisers

  

  Although Illinois' recently amended child labor law puts the burden on vloggers to ensure minors under the age of 16 featured in online videos are properly compensated, lack of compliance could reflect negatively on advertisers by association, say Monique Bhargava and Edward Fultz at Reed Smith.

• 10 Legal Subject Matters Popping Up In AI Litigation

  

  The past five years have brought judicial opinions addressing artificial intelligence in many different legal areas, so a study of existing case law is an important first step for in-house counsel addressing how to advise on the uncertainty driving many of the AI legal disputes, says Mark Davies at Orrick.

• Why Employers Should Heed High Court Web Designer Ruling

  

  While not an employment law ruling, the U.S. Supreme Court's recent decision in the First Amendment case 303 Creative v. Elenis raises serious questions for employers that constitute public accommodations and have related anti-discrimination policies, says Tanner Camp at Foley & Lardner.

• Keeping Pace With IP Law As It Evolves On Generative AI

  

  As the generative artificial intelligence landscape rapidly changes, there have been several important intellectual property law developments in the courts and from the U.S. Copyright Office that affect copyright and patent strategy, say attorneys at Faegre Drinker.

• The NIL Legislation Race: CAPCA And The PASS Act

  

  Christina Stylianou and Gregg Clifton at Lewis Brisbois compare the College Athletes Protection and Compensation Act and the Protecting Athletes, Schools, and Sports Act — two of the latest bills introduced to federally regulate publicity rights for the name, image and likeness of college student-athletes.

• Series

  The Pop Culture Docket: Judge Elrod On 'Jury Duty'

  

  Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.