Expert Analysis


What To Know Before Justices Rule In Title IX Employee Case

The U.S. Supreme Court is poised to decide whether Title IX protections extend to employees alleging sex discrimination in Crowther v. Board of Regents of the University System of Georgia, which could have significant implications for higher education institutions and their employees, say attorneys at Ropes & Gray.


Fed. Circ. Ruling Highlights The Cost Of Incorrect Inventorship

The Federal Circuit's recent decision in Fortress Iron v. Digger Specialties, affirming that a fencing company's patents were invalid due to a missing co-inventor, is a reminder that confirming correct inventorship should be a critical part of every patent invalidity workup, say attorneys at Neal Gerber.


Shopify Settlement Clouds Open-Source Copyright Limits

Shopify's confidential copyright settlement with Shopline, which agreed to stop distributing a disputed storefront theme, raises questions about how far copyright law can protect open-source software without undermining the collaboration that drives development, says Lindsey Sasson at Hach Rose.


2 AI Washing Rulings Apply Familiar Securities Fraud Rules

Two recent federal court decisions to allow AI washing complaints to proceed begin to clarify the line between nonactionable optimism and actionable misstatements by framing the core issue as not overstating the promise of artificial intelligence, but misrepresenting the current state of a company's products, say attorneys at WilmerHale.


The Nuance Between The Atkins, Gensler SEC Strategic Plans

U.S. Securities and Exchange Commission Chairman Paul Atkins' recent draft strategic plan is a marked departure from that of former Chair Gary Gensler, portraying an intention to leave decisions to the market rather than steering corporate behavior through expansive disclosure mandates and regulatory enforcement, say attorneys at Cleary.


Roundup

Michigan Banking Brief

In this Expert Analysis series, attorneys provide quarterly recaps discussing the biggest developments in Michigan banking regulation, litigation and policymaking.


How Ch. 11 Debtors Can Stop MCA Receivables Raids

Approximately 42 merchant cash advance lenders are involved in the recently filed Chapter 11 bankruptcy of SIMAD Holdings, illustrating that debtors-in-possession must work with committees to preserve the receivable stream before litigating priority, says attorney Kenneth Rosen.


Future Of Fed Independence Shaky After Justices' Ruling

The U.S. Supreme Court's recent ruling in Trump v. Cook preserved the Federal Reserve's formal independence but could invite the president to remove board members with just modest protections, leaving the central bank's autonomy uncertain and potentially setting up fresh clashes over other agencies, says Steven Schwinn at the University of Chicago.


Fiduciary Duty Risks In Continuation Vehicle Transactions

Continuation vehicle transactions have become prominent in private equity, but conflicts may arise due to transaction structures and implicate fiduciary duties, with a recent Delaware case highlighting several procedural considerations for sponsors, say attorneys at Debevoise.


$100M Clean Air Act Ruling Transforms Parent Co. Liability

A Michigan federal court's recent decision in U.S. v. EES Coke Battery, holding a company liable for Clean Air Act violations at a plant owned by its subsidiary, weakens the legal shield between businesses and their corporate parents, and has started a legal battle that may last for years, say attorneys at Haynes Boone.


Series

Mich. Banking Brief: All The Notable Legal Updates In Q2

The second quarter brought several notable financial services law developments to Michigan, including a U.S. Supreme Court ruling on state tax foreclosures, progress on a money transmission modernization bill package, and continued legislative momentum on cryptocurrency and mortgage lending, say attorneys at Dykema.


A New Regulatory Environment For PE In Calif. Healthcare

The California Office of Health Care Affordability's proposed revisions to its cost and market impact review regulations, amid broader state scrutiny of private equity-backed healthcare arrangements, represent a qualitative shift in California's regulatory posture toward institutional healthcare investment, say attorneys at Ropes & Gray.


What Data Says About Biologics-Related Ex Parte Challenges

An analysis of the 67 ex parte reexaminations used to challenge biologics patents over the last 13 years reveals that reexamination may emerge as an alternative to inter partes review and postgrant review, despite facing a number of procedural disadvantages, say attorneys at Steptoe.


Laptop Farms Highlight Identity Fraud Risks Of Remote Work

Two U.S. nationals' recent sentencing in Massachusetts federal court for a scheme that enabled foreign operatives to obtain remote jobs at U.S. companies using stolen identities is a reminder that employers must recalibrate their remote hiring, onboarding and monitoring practices to mitigate evolving cybersecurity and geopolitical risks, say attorneys at Foley & Lardner.


CFIUS' Mandate Misses Foreign Risk In Project Subcontracts

Recent calls for the Committee on Foreign Investment in the United States to review equity transactions like the Paramount Skydance-Warner Bros. deal miss a consequential oversight gap — CFIUS' inability to review the subcontracting layer of U.S. infrastructure projects, says Thibaut Giret at Alstef Group.


Justices' Ruling Alters Playing Field For State Subpoena Suits

The U.S. Supreme Court’s decision in First Choice Women’s Resource Centers v. Davenport will spark more federal court challenges to state subpoenas, but procedural defenses will block some merits decisions, so plaintiffs must carefully time and manage parallel federal and state proceedings, say attorneys at Troutman.


How New FERC Orders Are Prepping Grid For Large Loads

The Federal Energy Regulatory Commission's recent show-cause orders to grid operators to justify how their rates and regulations account for the interconnection of large and colocated loads like data centers may be just the first step in FERC's efforts to address anticipated reliability and affordability challenges in the coming years, say attorneys at Baker Donelson.


4 Methods To Quantify Moral Damages In Int'l Arbitrations

To aid tribunals in making informed decisions in quantifying moral damages, legal teams can look at four economic approaches that can value a monetary reparation for the victim commensurate with the harm suffered, say economists at Berkeley Research Group.


AI Governance Tips For Avoiding Securities Suits

A recent securities class action in California federal court against lending platform Upstart highlights how statements about artificial intelligence are increasingly being scrutinized not only by regulators, but also by shareholders, meaning companies should ensure oversight frameworks keep pace with the technology, say attorneys at Akerman.


How Cos. Can Prep For Ultra-Processed Food Legal Risks

A wave of litigation and government scrutiny directed against ultra-processed foods is now gaining momentum, following patterns seen previously in other industries — and food companies that recognize those patterns early will be better positioned to manage the increasing risks, say attorneys at Arnold & Porter.



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Special Series


My Hobby Makes Me A Better Lawyer

From quilting to clowning to raising miniature livestock, attorneys share how their unusual extracurricular activities enhance professional development.




Judges On AI

Do artificial intelligence tools have any practical judicial applications? In this Expert Analysis series, state and federal judges explore potential use cases for AI in adjudication and beyond.




Opinion


Congress Must Resolve Growing Subchapter V Uncertainty

Congress must pass a bill to permanently restore the Subchapter V debt limit and clarify several other key points of the law to prevent a practical restructuring tool from becoming a costly procedural morass, says Ted Gavin at Gavin Solmonese.

Exxon Shareholders Were Right To Save New Voting Program

Following Exxon shareholders’ recent vote that rejected a bid to dismantle the company’s new retail voting program, other companies should replicate it as a way to lower the friction for shareholders who already vote with the board to keep doing so without wrestling a ballot every spring, says J.W. Verret at the Antonin Scalia Law School.



Access to Justice Perspectives


Justices Stand On Statutory Specifics In Cisco And Landor

With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.