Expert Analysis


AI Licensing Suit Exhibits Pitfalls Of Vague Contract Terms

Fastcase Inc. v. Alexi Technologies, a case in District of Columbia federal court, demonstrates the potential consequences of vaguely drafted contract terms amid unforeseen technological advances, but there is practical guidance parties may employ to mitigate the potential for similar contract disputes, say attorneys at Baker Botts.


CGL Lessons From A No-Coverage Finding In Navy Project

A Florida federal court's recent decision that the insurer had no duty to defend or indemnify a general contractor or subcontractor for damages from defective work on a naval base highlights the nuances of policy definitions, the importance of obtaining insurer consent and allocation issues between covered and uncovered claims, say attorneys at Hunton.


Key Policy Moves Are Powering Nuclear Growth

The past year has seen a shift toward strong federal support for new nuclear power generation, and both recent and anticipated policy developments are likely to encourage progress toward that goal — but making sure that this momentum continues may be the hard part, say attorneys at Balch & Bingham.


Rescheduling Cannabis Marks New Tax Era For Operators

As the attorney general takes steps to move cannabis from Schedule I to Schedule III of the Controlled Substances Act, operators and advisers should prepare by considering the signifcant changes this will bring from tax, state, industry and market perspectives, says Michael Harlow at CohnReznick.


Navigating Trade Secret Exceptions In Noncompete Bans

Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.


Series

Playing Tennis Makes Me A Better Lawyer

An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.


OCC Rulemaking May Clear Haze Around Trust Banks' Scope

A recent Office of the Comptroller of the Currency proposal at last eliminates uncertainty around whether national trust banks can engage in nonfiduciary activities, but it does not address which activities are permissible or whether a minimum amount of fiduciary activity is required, say attorneys at Davis Polk.


False Ad Suit Shows Need For Clear, Conspicuous Disclosure

The Eleventh Circuit's recent false advertising decision in Federal Trade Commission v. Corpay reiterated the FTC's guidance imploring advertisers to ensure that any disclosures are clear and conspicuous to consumers, providing companies with numerous lessons about truthful advertising and highlighting some common disclosure pitfalls to avoid, says Michael Justus at Carlton Fields.


Justices' BDO Denial May Allow For Increased Auditor Liability

The Supreme Court's recent denial of certiorari in BDO v. New England Carpenters could lead to more actions filed against accounting firms, as it lets stand a 2024 Second Circuit ruling that provided a road map for pleading falsity with respect to audit certifications, says Dean Conway at Carlton Fields.


How Generative AI Cos. Can Navigate Product Liability Claims

Increasingly, plaintiffs are aggregating disputes over generative artificial intelligence and pursuing them through mass-tort-style proceedings, borrowing tactics from litigation involving social media, pharmaceuticals and other consumer-facing products — but there are approaches that AI companies can use to narrow claims and manage long-term exposure, say attorneys at Arnold & Porter.


Expect Major Shifts In Patent And Trademark Policy This Year

New leadership and initiatives promise to bring consequential changes to the U.S. Patent and Trademark Office's practices in 2026, likely favoring patent allowance and issuance, as well as streamlining trademark processes, say attorneys at Knobbe Martens.


NY Securities Class Action Ruling Holds Rare Timing Insights

A New York federal court's recent decision in Leone v. ASP Isotopes adopted the unusual posture of simultaneously denying a motion to dismiss and certifying claims to proceed as a class action, and its unique scheduling carries certain procedural and substantive implications, say attorneys at Labaton Keller.


Bid Protest Spotlight: Evaluations, Redactions, Remands

Victoria Angle at MoFo examines three December bid protest decisions highlighting the scope of agency discretion when evaluating contractor proposals, the extent to which an agency may redact documents that comprise the record of its evaluation decisions, and the breadth of the U.S. Court of Federal Claims' discretion to grant government requests for remand.


FTO Designations: Containing Foreign Firms' Legal Risks

Non-U.S. companies can contain legal risks related to foreign terrorist organizations by deliberately structuring operations to demonstrate that any interactions with cartel-affected environments are incidental, constrained and unrelated to advancing harm on the U.S., says David Raskin at Nardello & Co.


How FERC Is Shaping The Future Of Data Center Grid Use

Two recent orders from the Federal Energy Regulatory Commission affecting the PJM Interconnection and Southwest Power Pool regions offer the first glimpse into how FERC will address the challenges of balancing resource adequacy, grid reliability and fair cost allocation for expansions to accommodate artificial intelligence-driven data centers, say attorneys at Husch Blackwell.


Roundup

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.


What To Expect From Justices' 401(k) Ruling, DOL Rulemaking

The U.S. Supreme Court's upcoming ruling in Anderson v. Intel, addressing alternative assets in defined contribution plans, coupled with the U.S. Department of Labor's recently proposed regulation on fiduciary duties in selecting alternative investments, could alleviate the litigation risk that has impeded wider consideration of such investments, say attorneys at Ropes & Gray.


And Now A Word From The Panel: MDL Year In Review

2025 was a roller coaster for the Judicial Panel on Multidistrict Litigation, with the panel canceling one hearing session due to the absence of new MDL petitions, yet also issuing rulings on more new MDL petitions than in 2024 — making it clear that MDLs are still thriving, says Alan Rothman at Sidley Austin.


Class Actions At The Circuit Courts: January Lessons

In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five rulings from October and November, and identifies practice tips from cases involving consumer fraud, oil and gas leases, toxic torts, and wage and hour issues.


Digital Assets May Be In For A Growth Spurt In 2026

All signs point to an acceleration in digital asset product and service innovation throughout 2026, and while questions of first impression still need to be addressed, some legal issues will be clarified, spurring developments namely on the tokenization and stablecoin fronts, say attorneys at Skadden.



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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


What Justices Got Right In Candidate Standing Ruling

The U.S. Supreme Court's decision this month in Bost v. Illinois State Board of Elections broadens standing for candidates challenging state election rules, marking a welcome shift from other decisions that have impeded access to federal courts, says Daniel Tokaji at the University of Wisconsin Law School.

It's Too Soon To Remove Suicide Warnings From GLP-1 Drugs

The U.S. Food and Drug Administration's decision this month to order removal of warnings about the risk of suicidal thoughts from GLP-1 weight-loss drugs is premature — and from a safety and legal standpoint, the downside of acting too soon could be profound, says Sean Domnick at Rafferty Domnick.



Access to Justice Perspectives


3 Reforms To Help Pro Se Litigants Tackle Family Court Forms

Self-represented family court litigants must navigate the often-bewildering process of finding, completing and filing the correct form, so courts and policymakers should consider several ways to make the process more accessible, says Caroline Rogus at Drexel University.