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Expert Analysis

5 Business Takeaways From The Midterms

Now that the midterms are over, business leaders have a little insight into the future of taxes, trade and other policy issues affecting the economy. Still, companies should remain agile as, come January, a new and divided Congress will begin to chart its course, says Mary Moore Hamrick of Grant Thornton LLP.

Proposed Section 956 Regs Benefit US Corporate Borrowers

Per IRS guidance released last month, Section 956 should allow controlled foreign corporation subsidiaries of corporate U.S. borrowers to provide full credit support for a U.S. parent’s borrowing without suffering adverse tax consequences. However, the mechanics for applying this section to U.S. partnerships remain unclear, say attorneys at Proskauer Rose LLP.

A Series Of Avoidable Missteps In PLX Sale

It takes an extraordinary series of mistakes for a stockholder or a banker to be found to have aided and abetted a board’s fiduciary breaches. The Delaware Chancery Court's decision last month in a shareholder suit following PLX Technology's acquisition illustrates the errors and how they can be readily avoided, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

High Court Junk Fax Case Is Not Just About Junk Faxes

Depending on the U.S. Supreme Court’s eventual decision in PDR Network v. Carlton & Harris Chiropractic — a case involving junk faxes under the Telephone Consumer Protection Act — the outcome could have a profound impact on TCPA litigation nationwide, say David Gettings and Alan Wingfield of Troutman Sanders LLP.

A Look At The Patenting Trends For Artificial Intelligence

Our research on patent filings for artificial intelligence inventions suggests that different AI‑related claim terms can lead to vastly different patent examination outcomes, say Aaron Gin, Michael Krasniansky and Alexandra MacKenzie of McDonnell Boehnen Hulbert & Berghoff LLP.

Autonomous Vehicles And UK Product Liability Law: Part 2

With autonomous vehicles expected to hit the streets of the United Kingdom soon, manufacturers, insurers and their legal counsel face the challenge of determining how the U.K.'s product liability laws will be applied to questions of negligence, evidence and contracts raised by self-driving vehicles, says Michaela Herron of Bristows LLP.

Employer 'Glassdoor Wars' Will Carry On After Tech Co. Win

U.S. Equal Employment Opportunity Commission v. IXL Learning — where in California federal court the EEOC unsuccessfully alleged a fired transgender employee suffered unlawful retaliation — is far from the first example of a Glassdoor review taking center stage in an employment-related lawsuit, and it certainly will not be the last, says Alexander Batoff of Obermayer Rebmann Maxwell & Hippel LLP.

Emerging Cybersecurity Threats In The Legal Industry

Predicting how the cybersecurity landscape will develop is critical for any organization wanting to mitigate the risk of the inevitable future attack. Michael Hall of HighQ Solutions Ltd. discusses five threats to look out for in the next 12 months.

Unboxing The Plan To Allow HRAs To Pay Health Premiums

On Oct. 23, the departments of Treasury, Labor and Health and Human Services released long-awaited guidance that would allow employees to use health reimbursement arrangement funds to buy their own health insurance. Attorneys at Groom Law Group examine the proposed regulations and the implications for taxpayers should they become final.

Understanding The Tax Effects Of Blocker Corp. Distributions

The decisions that are made as investments are structured, financed and executed — and later when they are sold — have a major impact on how much federal tax is paid under the Foreign Investment in Real Property Tax Act blocker investment structure, says Brad Wagner of Wagner Duys & Wood LLP.

How The FAA Reauthorization Accelerates Drone Integration

The law reauthorizing the Federal Aviation Administration requires the FAA to take numerous regulatory actions that will reshape the use of drones by governmental, commercial, hobbyist and recreational operators, say Joel Roberson and Jennifer Nowak of Holland & Knight LLP.

The Legacy Of Madoff, A Decade Later

Despite lessons from Bernie Madoff's Ponzi scheme that was revealed 10 years ago, financial fraud continues to thrive. Negative history repeats itself on what seems like a daily basis, say attorneys with Quarles & Brady LLP.

Autonomous Vehicles And UK Product Liability Law: Part 1

Autonomous vehicles present a number of challenges to the United Kingdom's product liability legal framework, especially with regard to the vehicles' heavy reliance on software, consumers' expectations of safety and the need for compliance with varying local traffic rules, says Michaela Herron of Bristows LLP.

Don't Overreact To Fed. Circ. Design Patent Ruling

Before adopting a doomsday view of the Federal Circuit's Maatita holding on the enablement and definiteness requirements for design patents, several practical points should be considered, says Mark Vogelbacker of Eckert Seamans Cherin & Mellott LLC.

A Theory For Defending Libel Suits In An AI World

​P​ublic figures will face great difficulty winning libel suits involving ​speech generated by artificial intelligence​, ​and even in a private figure case, publishers who use algorithms​ ​can rely on the well-established wire-service defense to avoid liability​, say Michael Giudicessi and Leita Walker of Faegre Baker Daniels LLP.

Maximizing Insurance Payouts After The California Fires

California residents impacted by the ongoing 2018 fires can benefit from recently enacted legislation as well as several important insurance lessons learned from the claims submitted in connection with the 2017 wildfires, say Richard Giller and Katherine Ellena of Reed Smith LLP.

A Year-End Refresher On Laws Banning Pay History Inquiries

A recent wave of state and local legislation aims to correct the disparate impact of a seemingly innocuous interviewing practice — asking a candidate about his or her salary history, say Amy Traub and Amanda Van Hoose Garofalo of BakerHostetler.


The Pro Bono Law That United Congress

Those who perpetrate crimes are guaranteed the right to counsel, but victims of domestic violence and sexual assault are not. With the unanimously passed Pro Bono Work to Empower and Represent Act, I envision an army of lawyers helping break the cycle of abuse, says Sen. Dan Sullivan, R-Alaska.


Class Cy Pres Settlements Are A Troubling Practice

Class actions are often touted as a powerful mechanism for access to justice, but is this true when there is zero chance of recovery for class members? asks Mary Massaron, a partner at Plunkett Cooney PC and former president of Lawyers for Civil Justice.

Rise Of The CMOs

Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

Special Series

Judging A Book

Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

Trade Wars

This special series examines the legal, strategic and economic dimensions of the Trump administration's trade agenda, and assesses what the recent shifts in U.S. trade policy may mean for the country and for the established system of international commerce.

Navigating NLRB

Employers today face a host of modern labor law issues amid a continually changing political and legal landscape. In this Expert Analysis series, former National Labor Relations Board members provide insights on recent issues before and within the board.


A Chat With Bryan Cave Innovation Chief Katie DeBord

In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.


Circuit Split Encourages Forum Shopping By Injured Seamen

The Fifth and Ninth Circuits disagree over whether a merchant seaman can recover punitive damages for the common law maritime claim of unseaworthiness. The U.S. Supreme Court should agree to review Batterton v. Dutra, and restore certainty for shipowners, say attorneys with King & Spalding LLP.

Multiple IPR Petitions For Same Claim Are Often Not Repetitive

Some commentators have suggested that the practice of filing more than one inter partes review petition directed to a particular patent claim is abusive. But we looked at the numbers, and there is little evidence of “serial attacks” and “duplicate filings,” say Michael Berta and Patrick Reidy of Arnold & Porter.