Expert Analysis

• 9th Circ. Ruling Clarifies Derivative Suit Representation Test

  

  The Ninth Circuit's recent ruling in Bigfoot Ventures v. Knighton clarifies the test used to assess the adequacy of a plaintiff's representation in a shareholder derivative action, and will likely prove useful to litigants by ensuring that courts can fully examine all relevant circumstances, say attorneys at Simpson Thacher.

• Patenting AI And Machine Learning In The Wake Of Recentive

  

  Though the Federal Circuit's recent decision in Recentive Analytics v. Fox Corp. initially appears to doom patents related to artificial intelligence and machine learning, a closer look shows that strategies for successfully drafting and prosecuting such patents offer hope despite increased pushback from the U.S. Patent and Trademark Office, say attorneys at Banner Witcoff.

• Age Bias Suit Against Aircraft Co. Offers Lessons For Layoffs

  

  In Raymond v. Spirit AeroSystems Holdings, an aircraft maker's former employees recently dismissed their remaining claims after the Tenth Circuit rejected their nearly decade-old collective action alleging age discrimination stemming from a 2013 reduction in force, reminding employers about the importance of carefully planning and documenting mass layoffs, say attorneys at Cooley.

• Trade Secrets Would Likely See Court Protection From GenAI

  

  The advent of generative artificial intelligence has given rise to debate about how this technology will affect intellectual property rights and trade secret protections in particular, but courts to date have protected owners when technological advances have facilitated new means for trade secret theft, say attorneys at Kilpatrick Townsend.

• How Mass Arbitration Defense Strategies Have Fared In Court

  

  As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.

• FTC Focus: Interlocking Directorate Enforcement May Persist

  

  Though the Federal Trade Commission under Chair Andrew Ferguson seems likely to adopt a pro-business approach to antitrust enforcement, his endorsement of broader liability for officers or directors who illegally sit on boards of competing corporations signals that businesses should not expect board-level antitrust scrutiny to slacken, says Timothy Burroughs at Proskauer.

• How Cos. Can Navigate Risks Of New Cartel Terrorist Labels

  

  The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.

• Mass. Suit Points To New Scrutiny For Home Equity Contracts

  

  The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.

• Bid Protest Spotlight: Size, Supply Schedules, SINs

  

  In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions, two of which offer helpful reminders for U.S. General Services Administration schedule holders drafting blanket purchase agreement proposals, and one for small-business joint ventures to avoid running afoul of the U.S. Small Business Administration's two-year rule.

• 4th Circ. Latest To Curb Short-Seller Usage In Securities Suits

  

  The Fourth Circuit's recent decision in Defeo v. IonQ will serve as a powerful and persuasive new precedent for corporate defendants as courts continue curtailing securities class action plaintiffs' use of short-seller reports to plead federal securities law claims, say attorneys at Alston & Bird.

• Reading Tea Leaves In High Court's Criminal Law Decisions

  

  The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.

• 8 Strategies For Proving The Laws Of Foreign Countries

  

  A recently decided case in Virginia federal court highlighted some of the pitfalls surrounding expert testimony on foreign law, but certain strategies are available to counsel to circumvent these dilemmas, say attorneys at Arnold & Porter.

• $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

  

  A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

• Hints Of Where Enforcement May Grow Under New CFPB

  

  Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the CFPB seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.

• Series

  Teaching Business Law Makes Me A Better Lawyer

  

  Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.