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Expert Analysis
Key Takeaways From Armed Services Board's FY 2025 Report
The Armed Services Board of Contract Appeals’ annual report reveals an increase in new cases filed, but a decrease in cases resolved, and fewer parties choosing alternative dispute resolution, despite the likely reduction in time and expenses incurred during a prolonged appeal process, say attorneys at Miller & Chevalier.
9th Circ. Ruling Upholds Employee Speech Amid Stalled NLRB
The Ninth Circuit's recent decision in National Labor Relations Board v. North Mountain Foothills Apartments shows that courts are enforcing National Labor Relations Act protections despite the board's current paralysis, so employers must tread carefully when disciplining employee speech, whether at work or online, say attorneys at Foley & Lardner.
How Unchecked AI Exposes Expert Opinions To Exclusion
A growing number of cases illustrate the potential for misuse of artificial intelligence tools by experts in litigation, resulting in reports with hallucinated information or unexplainable analysis, so to embrace the efficiencies AI tools introduce without falling victim to the risks, attorneys and experts should implement a few best practices, say attorneys at Willkie Farr.
Meta Monopoly Ruling Highlights Limits Of Market Definition
A D.C. federal court's recent ruling that Meta is not monopolizing social media raises questions, such as why market definition matters and whether we have the correct model of competition, which can aid in making a stronger case against tech companies, says Shubha Ghosh at the Syracuse University College of Law.
Mulling Differing Circuit Rulings On Gender-Affirming Care
Despite the Eleventh Circuit's recent holding in Lange v. Houston County that a health plan's exclusion for gender-affirming surgery did not violate Title VII, employers should be mindful of other court decisions suggesting that different legal challenges may still apply to blanket exclusions for such care, say attorneys at Smith Gambrell.
Where Things Stand At The CFPB As Funding Dries Up
The Consumer Financial Protection Bureau is on pace to run out of funding in the new year, threatening current and future rulemaking efforts, but a rapid series of recent actions still carries significant implications for regulated entities and warrants careful monitoring in the remaining weeks of the year, say attorneys at Brownstein Hyatt.
Terrorist Label For Maduro Poses New Risks For US Firms
The State Department's recent designation of President Nicolás Maduro, and other Venezuelan government and military officials, as members of a foreign terrorist organization drastically increases the level of caution companies must exercise when doing business in the region to mitigate potential civil, criminal and regulatory risk, say attorneys at Freshfields.
Series
The Law Firm Merger Diaries: Getting The Message Across
Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.
How High Court Could Upend Campaign Spending Rules
In National Republican Senatorial Committee v. Federal Election Commission, the U.S. Supreme Court will hear arguments about the constitutionality of coordinated party contribution spending caps, and its decision will have immediate practical effects just as the 2026 election gets underway, says Bill Powers at Spencer Fane.
How Bank-Fintech Partnerships Changed In 2025
The 2025 transition to the Trump administration, augmented by the reversal of Chevron deference in 2024, has resulted in unprecedented shifts, and bank-fintech partnerships are no exception, with key changes affecting a number of areas including charters, regulatory oversight and anti-money laundering, say attorneys at K&L Gates.
Steps For Cos. To Comply With Colo. Deceptive Pricing Law
Colorado's newly passed law protecting against deceptive pricing practices will take effect on Jan. 1, broadening the consumer protection framework and standardizing total price disclosure requirements across a variety of industries, and there are several steps businesses can take to comply, say attorneys at Haynes Boone.
New 'Waters' Definition Could Bring Clarity — And Confusion
Federal agencies have proposed a new regulatory definition of "waters of the United States," a key phrase in the Clean Water Act — but while the change is meant to provide clarity, it could spark new questions of interpretation, and create geographic differences in how the statute is applied, say attorneys at Bracewell.
2 Early Settlement Alternatives In Federal Securities Litigation
Most class actions brought under the federal securities laws are either settled or won by the defendants following a motion to dismiss, but two alternative strategies have the potential to lower discovery costs and allow defendants to obtain judgment without the uncertainty of jury trials on complex matters, says Richard Zelichov at DLA Piper.
Previewing Justices' Driver Arbitration Exemption Review
The U.S. Supreme Court's forthcoming decision in Flowers Foods v. Brock, addressing whether last-mile delivery drivers are covered by the Federal Arbitration Act's exemption for transportation workers, may require employers to reevaluate the enforceability of arbitration agreements for affected employees, say attorneys at Sullivan & Cromwell.
Grounding Netflix's 'Death By Lightning' In Patent History
In Netflix’s "Death by Lightning," U.S. President James Garfield's assassin declares that patent lawyers lack original ideas, but real-life 19th-century patent attorney-inventors were key to technological progress and the success of the American patent system, say Tasha Gerasimow at Kirkland & Ellis and David Gerasimow at Gerasimow Law.
How Fed. Circ. Shaped Subject Matter Eligibility In 2025
The Federal Circuit's most impactful patent eligibility decisions this year, touching on questions about obviousness and abstractness, provide a toolbox of takeaways that can be utilized during patent preparation and prosecution to guard against potential challenges, says Reilley Keane at Banner Witcoff.
Key Takeaways From Armed Services Board's FY 2025 Report
The Armed Services Board of Contract Appeals’ annual report reveals an increase in new cases filed, but a decrease in cases resolved, and fewer parties choosing alternative dispute resolution, despite the likely reduction in time and expenses incurred during a prolonged appeal process, say attorneys at Miller & Chevalier.
Categorical Exclusions Bring New NEPA Litigation Risks
With recent court rulings and executive actions shifting regulatory frameworks around the National Environmental Protection Act — especially regarding the establishment, adoption and use of categorical exclusions to expedite projects — developers must carefully evaluate the risks presented by this altered and uncertain legal landscape, says Stacey Bosshardt at Greenberg Traurig.
Perspectives
A Simple Reminder Can Prevent Missed Court Dates
Missed court hearings are costly for the legal system and can have potentially devastating consequences for individuals, but text, email and mail reminders offer a straightforward, affordable and evidence-based tool to boost appearance rates, says Anne Stotler at ideas42.
DC Circ. Decision Reaffirms SEC Authority Post-Loper Bright
The recent denial of a challenge to invalidate 2024 amendments to the U.S. Securities and Exchange Commission's tick size and fee-cap rules reinforces the D.C. Circuit's deference to SEC expertise in market structure regulation, even after Loper Bright, though implementation of the rules remains uncertain, say attorneys at Sidley.
11th Circ. Ruling Stresses Economic Reality In Worker Status
The Eleventh Circuit's recent worker classification decision in Galarza v. One Call Claims, reversing a finding that insurance adjusters were independent contractors, should remind companies to analyze the actual working relationship between a company and a worker, including whether they could be considered economically dependent on the company, say attorneys at Ogletree.
10 Commandments For Agentic AI Tools In The Legal Industry
Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.
Fed. Circ. In Oct.: Spotlight On Wording Beyond Patent Claims
The Federal Circuit's recent decision in Barrette Outdoor Living v. Fortress Iron provides useful guidance on how patent prosecutors should avoid language that triggers specification disclaimer and prosecution disclaimer, doctrines that may be used to narrow the scope of patent infringement claims, say attorneys at Knobbe Martens.
New Drug Ad Regs Could Lead To A Less Informed Public
A federal push to mandate full safety warnings in pharmaceutical advertising could make drug ads less appealing for companies to air, which in turn could negatively affect consumers' health decisions by removing an accessible information source, say Punam Keller at Dartmouth College and Ceren Canal Aruoba at Berkeley Research Group.
Class Actions At The Circuit Courts: December Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses recent rulings and identifies practice tips from cases involving securities, takings, automobile insurance, and wage and hour claims.
Special Series
My Hobby Makes Me A Better Lawyer
In this Expert Analysis series, attorneys share how their unusual extracurricular activities enhance professional development, providing insights and pointers that translate to the office, courtroom and beyond.
Adapting To Private Practice
In this Expert Analysis series, attorneys who have made the move from government work to private practice in the last few years reflect on how they transitioned to law firm life, and discuss tips for others.
Opinion
Horizontal Stare Decisis Should Not Be Casually Discarded
Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.
California Vapor Intrusion Policy Should Focus On Site Risks
As California environmental regulators consider whether to change the attenuation factor used in screenings for vapor intrusion, the most prudent path forward is to keep the current value for screening purposes, while using site-specific, risk-based numbers for cleanup and closure targets, says Thierry Montoya at Frost Brown.
Access to Justice Perspectives
A Simple Reminder Can Prevent Missed Court Dates
Missed court hearings are costly for the legal system and can have potentially devastating consequences for individuals, but text, email and mail reminders offer a straightforward, affordable and evidence-based tool to boost appearance rates, says Anne Stotler at ideas42.