Questions Surround FDA's Orphan Drug Exclusivity Approach

In light of a new U.S. Food and Drug Administration notice, which contrasts with an Eleventh Circuit ruling on orphan drug exclusivity, the exact scope of orphan drug exclusivity periods appears uncertain and companies may want to reconsider their strategies for requesting designations, say Jacqueline Berman and Nikita Bhojani at Morgan Lewis.

Litigators Should Approach AI Tools With Caution

Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

GM Rulings Maintain Fed. Circ. Design Patent Invalidation Bar

The Federal Circuit's two recent LKQ Corp v. GM Global findings that two design patents were not anticipated or obvious over prior art show that the high bar to invalidate a design patent as obvious remains intact, at least for now, say attorneys at Sterne Kessler.

High Court Veteran Benefits Ruling Hints At Canon Skepticism

The U.S. Supreme Court's recent Arellano v. McDonough decision — limiting the retroactivity of disability benefits for some veterans — broadly suggests the court is increasingly skeptical of substantive canons of interpretation, and offers guidance on how the pro-veteran canon should be applied going forward, says Kian Hudson at Barnes & Thornburg.

High Court Google, Twitter Cases Could Mold Internet's Future

The U.S. Supreme Court is set to hear social media content cases Gonzalez v. Google and Twitter v. Taamneh next month — and if it adopts a narrow view that Section 230 does not free technology companies of liability for AI-generated content, it will have a far-reaching impact, says Nicole Gutierrez at Telus International.

What To Expect From Justices' Upcoming Religious Bias Case

If the U.S. Supreme Court increases the standard to show undue hardship in its upcoming review of Groff v. DeJoy, it could alter the balance between business interests and individual religious liberty, which may in turn make it harder for employers to decline religious accommodation requests, say Tory Summey and Emily Bridges at Parker Poe.

Opinion

9th Circ. Should Rethink Inadequate UBH Ruling

The Ninth Circuit should seriously consider rehearing Wit v. United Behavioral Health en banc because its recent claims reprocessing decision in the case raises troubling questions about the future of Employee Retirement Income Security Act's class actions, says Mark DeBofsky at DeBofsky Law.

Lessons From Fed. Circ. Ruling On Lung Disease Patent

Paul Stewart at Knobbe Martens looks at the Federal Circuit's recent holdings in the Genentech v. Sandoz lung disease patent decision, and their important reminders on obviousness as well as labeling.

5th Circ. Confidential Witness Ruling Is A Big Change

The Fifth Circuit's recent ruling in Oklahoma Firefighters Pension and Retirement System v. Six Flags that confidential witness claims can be sufficient to establish scienter is a significant message that anonymous witness allegations should be credited, and plaintiffs should feel more confident including these claims in their securities fraud complaints, say James Christie and David Saldamando at Labaton Sucharow.

9th Circ. Ruling Clarifies Homestead Exemption Ambiguities

The Ninth Circuit's decision in Barclay v. Boskoski in November sheds light on the amount of homestead exemption a debtor may be entitled to, potentially creating a perverse incentive that pushes creditors to force the sales of debtors' homes, says Deborah Kovsky-Apap at Troutman Pepper.

High Court Slack Case Not Likely To Broadly Affect Issuers

If the U.S. Supreme Court decides in Slack v. Pirani to limit claims under the Securities Act for direct listings to only the purchase of registered shares, it's unlikely to create a free-for-all environment for issuers, as some have claimed, say Susan Hurd and Madeleine Juszynski at Alston & Bird.

5 Ways Attorneys Can Use Emotion In Client Pitches

Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.

Ruling May Affect FCRA Claims About Private Student Loans

The Second Circuit’s recent ruling in Mader v. Experian may support credit reporting agencies defending Fair Credit Reporting Act claims that follow a Chapter 7 private student loan discharge, introducing new challenges for consumers skipping directly to the FCRA claim, say Jessica Salisbury-Copper and Kelsey Mincheff at Thompson Hine.

Van Gogh Dispute Brings Immunity From Seizure Into Focus

A recent lawsuit that sought to seize an allegedly stolen painting by Vincent van Gogh — currently housed at the Detroit Institute of Arts — underscores why museums, collectors and anyone involved in art loans must review U.S. immunity-from-seizure laws, says Nicholas O'Donnell at Sullivan & Worcester.

5 Keys To A Productive Mediation

Excerpt from Practical Guidance

Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.