Expert Analysis

• Perspectives

  A Judge's Pitch To Revive The Jury Trial

  

  Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

• What Patent Bills Would Mean For Infringement Litigation

  

  Attorneys at Farella Braun summarize a pair of recently introduced patent bills — one that would reform patent eligibility and another that would change procedures for litigating patent invalidity — and explore the potential impact of each.

• How To Recognize And Recover From Lawyer Loneliness

  

  Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

• Opinion

  Litigation Funding Disclosure Should Be Mandatory

  

  Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

• Recalling USWNT's Legal PR Playbook Amid World Cup Bid

  

  As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

• A Look At US Injunctive Relief Trends Amid UPC Chatter

  

  While much remains to be seen regarding how the new EU Unified Patent Court will treat injunctive relief in practice, recent data shows that the U.S. framework may be turning in favor of injunction, despite a perception that it can be nearly impossible to obtain in the U.S., say Nirav Desai, Patrick Murray and Roberta Lam at Sterne Kessler.

• Potential Outcomes After E Visa Processing Update

  

  A recent update to the Foreign Affairs Manual’s E visa provisions may help ease consular backlogs, but a policy change that will require some applicants and their family members to process renewals overseas at different times creates new administrative burdens for practitioners, say Anna Morzy and Elizabeth Przybysz at Greenberg Traurig.

• China TM Risk Shifting For Original Equipment Manufacturers

  

  Amy Hsiao at Eligon IP explores China's trademark system's concerning rise in bad faith squatters, focusing on the risks faced by the original equipment manufacturing industry and the potential disruptions to the global supply chain.

• What's Causing EU-US Impasse On Steel And Aluminum

  

  The EU and the U.S. have made limited progress in negotiating for a Global Arrangement on Sustainable Steel and Aluminum, and they face high obstacles to meeting the fast-approaching October deadline, say attorneys at Akin.

• Perspectives

  Mallory Gives Plaintiffs A Better Shot At Justice

  

  Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

• CFIUS Clampdown Will Deter Allied-Country Investment

  

  The Committee on Foreign Investment in the United States’ recent redefinition of transaction "completion date" is the latest in a series of steps taken in the name of U.S. security that are likely to deter investments from friendly countries and increase capital costs for U.S. startups, says Stephen Heifetz at Wilson Sonsini.

• Navigating Europe's New Game-Changing Unified Patent Court

  

  Europe's recently opened Unified Patent Court has ushered in a new era in patent law focused on the power of provisional relief, and adapting to both broad protections and compressed timelines is essential for plaintiffs and defendants alike, say attorneys at Ropes & Gray.

• Opinion

  When Corporate Self-Disclosure Threatens Individuals' Rights

  

  The prosecution of former Cognizant executives in New Jersey federal court demonstrates how the U.S. Department of Justice’s corporate enforcement policy can contravene the constitutional rights of individual defendants who are employed by cooperating companies, says Gideon Mark at the University of Maryland.

• Courts Can Overturn Deficient State Regulations, Too

  

  While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

• Tales From The Trenches Of Remote Depositions

  

  As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.