Expert Analysis


USPTO Ex Parte Reexamination Could Become More Popular

As inter partes review becomes less effective for challenging patent validity due to recent changes at the U.S. Patent and Trademark Office, ex parte reexamination may provide a viable alternative, with significant cost savings, anonymity and procedural advantages, says Stephen Ball at Husch Blackwell.


New NY Residential Real Estate Rules May Be Overbroad

New legislation imposing a 90-day-waiting period and tax deduction restrictions on certain New York real estate investors may have broad effects and unintended consequences, creating impediments for a wide range of corporate and other transactions, says Libin Zhang at Fried Frank.


Cos. Must Tailor Due Diligence As Trafficking Risks Increase

As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.


Antitrust Scrutiny Heightens In The Cannabis Industry

Two ongoing antitrust cases signal intensified scrutiny of pricing practices, distribution restraints and exclusionary conduct in the cannabis sector, says Robin Crauthers at McCarter & English.


Unpacking The Supreme Court's Views On Judgment Finality

The U.S. Supreme Court's June opinion in BLOM Bank SAL v. Honickman reaffirmed that the bar for reopening a final judgment remains exceptionally high — even when the movant seeks to amend their complaint based on a new legal development, say attorneys at Venable.


Asbestos Ruling Cements All Sums Coverage Precedent In SC

With its recent decision in Protopapas v. Travelers, the South Carolina Court of Appeals becomes the highest court in South Carolina to adopt the all sums allocation approach for long-tail claims, providing key appellate precedent to support policyholders' efforts to maximize their coverage, say attorneys at Anderson Kill.


M&A Ruling Reinforces High Bar For Aiding, Abetting Claims

The Delaware Supreme Court's recent decision in In re: Columbia Pipeline may slow the filing of aiding and abetting claims against third-party buyers in situations where buyers negotiate aggressively, putting buy-side dealmakers' minds at ease that they likely won't be liable for seeking the best possible deal, say attorneys at Simpson Thacher.


Series

Creating Botanical Art Makes Me A Better Lawyer

Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.


What To Expect As Calif. Justices Weigh Arbitration Fee Law

If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.


New Federal Worker Religious Protections Test All Employers

A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.


2 Circuit Court Rulings Offer A Class Certification Primer

Two recent decisions from the Third and Sixth Circuits provide guidance on the rigorous analysis of predominance that courts might require for class certification, and insights into how defendants might oppose or narrow potential class actions, say attorneys at DLA Piper.


Reddit V. Anthropic Is A Defining Moment In The AI Data Race

The recent lawsuit filed by Reddit against Anthropic in California state court marks a pivotal moment in the burgeoning field of artificial intelligence by sidestepping a typical copyright dispute, focusing instead on the enforceability of online terms of service and ownership of the digital commons, says William Galkin at Galkin Law.


Del. Dispatch: Conflicted Transactions And New Safe Harbors

Two recent Delaware Court of Chancery decisions involving conflicted transactions underscore that the new safe harbors established by the Delaware General Corporation Law amendments passed in March, going forward, provide a far easier route to business judgment review of conflicted transactions than were previously available, say attorneys at Fried Frank.


FTC Focus: Surprising Ways Meador And Khan Sound Alike

Since becoming a commissioner on the Federal Trade Commission, Mark Meador's public comments, speeches and writings reveal a surprising degree of continuity with former Chair Lina Khan's approach, in an indication that differing philosophies might have comparable practical effects, say attorneys at Proskauer.


Supreme Court's Criminal Law Decisions: The Term In Review

Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.


Compliance Is A New Competitive Edge For Mortgage Lenders

So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.


Noncompete Forecast Shows Tough Weather For Employers

Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.


Even As States Step Up, They Can't Fully Fill CFPB's Shoes

The Trump administration's efforts to scale down the Consumer Financial Protection Bureau have prompted calls for state regulators to pick up the slack, but there are also important limitations on states' ability to fill the gap left by a mostly dormant CFPB, say attorneys at Covington.


What Developers Can Glean From Miami Condo Ruling

A Florida state appeals court's recent denial of a Miami condo redevelopment bid offers a detailed blueprint of what future developers must address when they evaluate the condominium's governing declaration and seek to terminate a condominium, say attorneys at Shubin Law.


The Int'l Compliance View: Everything Everywhere All At Once

Changes to the enforcement landscape in the U.S. and abroad shift the risks and incentives for global compliance programs, creating a race against the clock for companies to deploy investigative resources across worldwide operations, say attorneys at Dentons.



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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


PFAS Reg Reversal Defies Water Statute, Increasing Risks

The U.S. Environmental Protection Agency's recent moves delaying the deadlines to comply with PFAS drinking water limits, and rolling back other chemical regulations, violate the Safe Drinking Water Act, and increase the likelihood that these toxins could become permanent fixtures of the water supply, says Vineet Dubey at Custodio & Dubey.

Privacy Bill Must Be Amended To Protect Small Businesses

While a bill recently passed by the California Senate would exempt a company's use of legally compliant website advertising and tracking technologies from the California Invasion of Privacy Act, it must be amended to adequately protect small businesses, say attorneys at Thompson Hine.



Access to Justice Perspectives


Deepfake Evidence Battles May Exacerbate Justice Inequities

As AI-generated evidence and deepfake claims become more common in litigation, the steep expense of challenging or verifying such evidence threatens to worsen unequal justice system outcomes — and a new cost-allocation framework is needed to preserve fairness, says Rebecca Delfino at Loyola Law School.