Expert Analysis


Structuring Water Agreements For Data Center Development

For developers of artificial intelligence data centers, water use is now a threshold feasibility and financing variable amid a regulatory landscape with a state-driven push for transparency and federal push to streamline pathways for AI-related infrastructure, say attorneys at Pillsbury.


Patent Eligibility Bulletin: Steps To Consider As USPTO Shifts

Recent memoranda from the U.S. Patent and Trademark Office, along with some of the first patents issued under Director John Squires, indicate a recalibration of the subject matter eligibility landscape, signaling a renewed emphasis on concrete technological improvements and a potentially pro-AI stance, say attorneys at Banner Witcoff.


Justices' GEO Ruling Sets Gov't Contractor Immunity Limits

The U.S. Supreme Court's recent decision in GEO Group v. Menocal will affect virtually every case in which a government contractor faces liability because they can no longer routinely assert their immunity under the government contract and must instead make a showing on the merits, says Terry Collingsworth at International Rights Advocates.


AG Watch: Ohio Targets DEI Policies

As Ohio Attorney General Dave Yost seeks to eliminate diversity, equity and inclusion programs in both public education institutions and private companies, Ohio entities must carefully navigate this constantly evolving, highly contentious topic to avoid litigation while also not forfeiting their core principles, say attorneys at BakerHostetler.


Strategies For Retailers, Landlords In M&A Portfolio Reduction

With more retailers likely to merge or be acquired in 2026, both landlords and companies looking to renegotiate their real estate footprints can strike successful deals through advance planning, understanding rights allocations and maintaining realistic leverage assessment, say attorneys at Jenner & Block.


Tax Court Ruling Signals Cross-Border Loan Scrutiny

The U.S. Tax Court’s recent decision in Aventis v. Commissioner compounds ongoing regulatory focus on debt originations and should prompt practitioners to assess their existing cross-border lending structures for potential exposure to U.S. federal income tax, say attorneys at Eversheds.


Del. Coinbase Outcome May Have Been Different In Texas

The Delaware Court of Chancery's recent decision in Grabski v. Andreessen, finding that a member of the Coinbase special litigation committee was not independent, provides guidance for Delaware boards regarding the formation, composition and operation of SLCs, while offering a counterpoint to the procedures available to Texas-incorporated companies, says John Lawrence at Baker Botts.


When Fraud Involvement Disqualifies FCA Whistleblowers

A Massachusetts federal court's recent dismissal of a False Claims Act relator in U.S. ex rel. Perry v. First Psychiatric Planners provides instructive insight into when whistleblowers may be denied their share of settlement proceeds, even if their involvement in the underlying fraud is a step removed, say attorneys at Holland & Knight.


Job Shift Accommodation Ruling Clarifies 'Essential Function'

In Siebrecht v. Mercy Health-Iowa, the Eighth Circuit's recent denial of a disabled worker's shift exemption request shows that the essential function of a job can encompass more than core job requirements and include things like scheduling flexibility, says Kim Kirn at Miles Mediation & Arbitration.


High Court's Recess Talks Ruling Raises Practical Challenges

While the U.S. Supreme Court’s recent Villarreal v. Texas decision, permitting some limits on attorney-client discussions during overnight midtestimony recesses, resolves certain ambiguities, it also implicitly exposes the structural impracticalities of attempting to police narrower consultation limits, says Ryan Magee at McCarter & English.


Takeaways From Calif. High Court's Public Records Decision

The California Supreme Court’s recent City of Gilroy v. Superior Court decision — clarifying the relief available under, and the duties imposed by, the California Public Records Act — expands the strategic significance of CPRA actions and demands greater foresight in public records practice, say attorneys at Hanson Bridgett.


Why The NCUA's Stablecoin Moment Matters

The National Credit Union Administration, a historically conservative federal agency, recently proposed a detailed stablecoin licensing framework, confirming that the proposition of building a regulatory architecture within the banking industry has moved well past "whether" and firmly into "how," says Stephen Aschettino at Fox Rothschild.


Ill. Swipe Fee Ruling Sets Stage For A High-Stakes Appeal

In Illinois Bankers Association v. Raoul, an Illinois federal court upheld the state's ban on credit and debit card swipe fees on tax and tip payments, while permanently enjoining the statute's data usage limitation, but an imminent appeal could significantly influence the trajectory of state-level payments regulation, say attorneys at Latham.


How NY Stay-Or-Pay Law Shifts Leverage Dynamics

The recent passage of New York's Trapped at Work Act reflects increasing scrutiny of stay-or-pay arrangements, but its lack of a private right of action represents a meaningful departure from other employment laws, dramatically shifting leverage from the courtroom to a state agency, says James Valentino at Clayman Rosenberg.


H-1B Registration Tips For New Wage-Weighted Selection

Practitioners participating in this year’s H-1B visa registration, currently underway, must understand that under the new wage-weighted selection process that replaced the random lottery, the crucial first step is choosing the correct standard occupational classification, says Jimmy Lai at Lai & Turner.


What Cos. Must Know About Pa.'s Proposed Data Center Regs

Under Pennsylvania Gov. Josh Shapiro's new proposal to balance hyperscale data center infrastructure with grid stability, water resources and community transparency, businesses in the state face a strategic choice: wait for binding requirements to emerge, or proactively align projects with the standards now, say Wade Stephens and Sasha Burton at Langsam Stevens.


Lessons From Justices' Split On Major Questions Doctrine

The justices' varied opinions in Learning Resources v. Trump, which held the International Emergency Economy Powers Act did not confer the power to impose tariffs, offer a meaningful window into the U.S. Supreme Court's perspective on the major questions doctrine that will likely shape lower courts' approach to executive action challenges, say attorneys at Venable.


Why La. Ruling May Open NIL Deals For Int'l Student-Athletes

A Louisiana federal court's decision to deny a motion to dismiss in Poa v. Jaddou, a case over whether international student-athletes may engage in name, image and likeness deals, signals that courts are willing to challenge rigid interpretations of immigration law in light of modern collegiate athletics, say attorneys at Shook Hardy.


Drug Wholesaler's DPA Shows Imperfect Efforts Still Count

Atlantic Biologicals’ recent deferred prosecution agreement with federal prosecutors for allegedly distributing controlled substances to pill mill pharmacies demonstrates that even subpar cooperation, when combined with genuine remediation and strategic advocacy, can yield outcomes that protect a company's long-term interests, says Jonathan Porter at Husch Blackwell.


Share Repurchases Leave Cos. Susceptible To Litigation

Because share repurchases bring greater ownership, which typically brings greater voting power, they can have serious implications for corporate control, which can raise questions about the unpaid benefits to some shareholders and lead to securities class actions, says Amit Bubna at Bates White.



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Opinion


Fed. Circ. Must Bury Design Patent Doctrinal Zombies

After recently finding noninfringement in Range of Motion Products v. Armaid, the Federal Circuit must rehear the case to confront two troublesome doctrines of design patent law claim construction — feature filtration and claim verbalization — that have lingered for decades and intensified in recent years, say attorneys at McAndrews Held.

Deregulation Can Solve Labor Market Woes

There is broad agreement that labor law is in need of reform, owing to few unions, slow procedures and weak remedies, and while deregulation will strike many as radical, it has worked for a variety of industries and could make competition a regular feature of the market, says Alexander MacDonald at Littler.



Access to Justice Perspectives


DC Circ. Gag Order Rulings Reveal A Digital Privacy Paradox

A pair of rulings from the D.C. Circuit reveal a growing dilemma in digital privacy jurisprudence for investigative targets, technology companies and transparency advocates — even when courts set the bar higher for broad nondisclosure requests, the public may never be allowed to learn why orders get approved, say attorneys at RJO.