Expert Analysis

• Fed. Circ. In August: A Framework For AIA Derivation Disputes

  

  In Global Health Solutions v. Selner, the Federal Circuit established how to assess derivation challenges under the America Invents Act's first-to-file system, making it easier for petitioners to determine a challenge's odds of success, say attorneys at Knobbe Martens.

• Vanda Ruling Opens Door For Contesting FDA Drug Denials

  

  The D.C. Circuit's recent decision in Vanda Pharmaceuticals v. U.S. Food and Drug Administration creates new opportunities and considerations for drug companies navigating the FDA approval process, establishing that litigation is an option when the FDA refuses to hold a hearing, say attorneys at Polsinelli.

• 11th Circ.'s FCRA Standing Ruling Offers Compliance Lessons

  

  The Eleventh Circuit's recent decision in Nelson v. Experian on establishing Article III standing under the Fair Credit Reporting Act should prompt businesses to survey FCRA compliance programs, review open matters for standing defenses and refresh training materials, say attorneys at Nixon Peabody.

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  Law School's Missed Lessons: Mastering Time Management

  

  Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.

• Courts Keep Upping Standing Ante In ERISA Healthcare Suits

  

  As Article III standing becomes increasingly important in litigation brought by employer-sponsored health plan members under the Employee Retirement Income Security Act, several recent cases suggest that courts are taking a more scrutinizing approach to the standing inquiry in both class actions and individual matters, say attorneys at Crowell & Moring.

• How Hyperlinks Are Changing E-Discovery Responsibilities

  

  A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.

• 11th Circ. Equitable Tolling Ruling Deepens Circuit Split

  

  The Eleventh Circuit recently held that equitable tolling was unavailable to extend a deadline to object to discharge of debt, becoming the most recent circuit court decision to address this issue, and deepening a split that requires resolution by the U.S. Supreme Court, says Paul Avron at Berger Singerman.

• Tips As 6th Circ. Narrows Employers' Harassment Liability

  

  In Bivens v. Zep, the Sixth Circuit adopted a heightened standard for employer liability for nonemployee harassment, which diverges from the prevailing view among federal appeals courts, and raises questions about how quickly employers must respond to third-party harassment and how they manage risk across jurisdictions, say attorneys at Benesch.

• Preserving Refunds As Tariffs Await Supreme Court Weigh-In

  

  In the event that the U.S. Supreme Court decides in V.O.S. Selections v. Trump that the president doesn't have authority to levy tariffs under the International Emergency Economic Powers Act, importers should keep records of imports on which they have paid such tariffs and carefully monitor the liquidation dates, say attorneys at Butzel.

• How Justices' Ruling Upends Personal Jurisdiction Defense

  

  The U.S. Supreme Court's recent decision in Fuld v. Palestinian Liberation Organization, holding that the Fifth Amendment's due process clause does not require a defendant to have minimum contacts with a forum, may thwart foreign defendants' reliance on personal jurisdiction to evade federal claims in U.S. courts, say attorneys at Axinn.

• 'Occurrence' Lessons From Policyholder's COVID Ruling Win

  

  The Minnesota Court of Appeals recently handed policyholders an important win in Life Time v. Zurich American Insurance, reversing a trial court ruling that had capped coverage under a communicable disease endorsement at a single occurrence, showing the importance of fact-specific inquiry, say attorneys at Hunton.

• 9th Circ. Ruling Leaves SEC Gag Rule Open To Future Attacks

  

  Though the Ninth Circuit's recent ruling in Powell v. U.S. Securities and Exchange Commission leaves the SEC's no-admit, no-deny rule intact, it could provide some fodder for litigants who wish to criticize the commission's activities either before or after settling with the commission, says Jonathan Richman at Brown Rudnick.

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  Writing Musicals Makes Me A Better Lawyer

  

  My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.

• Diverging FAA Preemption Rulings Underscore Role Of Venue

  

  Two recent rulings evaluating Federal Arbitration Act preemption of state laws — one from the California Supreme Court, upholding the state law, and another from a New York federal court, upholding the arbitration agreement — demonstrate why venue should be a key consideration when seeking to enforce arbitration clauses, say attorneys at Hollingsworth.

• A Reminder Of The Limits Of The SEC's Crypto Thaw

  

  As the U.S. Securities and Exchange Commission's regulatory thaw has opened up new possibilities for tokenization projects, the Ninth Circuit's recent decision in SEC v. Barry that certain fractional interests are investment contracts, and thus securities, illustrates that guardrails remain via the Howey test, say attorneys at Skadden.