Expert Analysis

• Why I'll Miss Arguing Before Justice Breyer

  

  Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

• Compliance Takeaways From DOJ Duress Defense Guidance

  

  The U.S. Department of Justice's recent Foreign Corrupt Practices Act advisory opinion sheds light on the applicability of the duress defense, which may help companies formulate policies to avoid liability in high-stakes situations, but several unanswered questions about the scope of the defense remain, say attorneys at DLA Piper.

• Recent Rulings Show Lawyer Criticism Of Judges Is Perilous

  

  Although many lawyers may believe the First Amendment broadly protects their opinions and good faith criticism of judges, recent sanctions decisions from courts across the country suggest lawyers are at greater risk of discipline for criticizing judges than they have been in the past, says John Harris at Frankfurt Kurnit.

• Takeaways From DOJ Fraud Section's 2021 Year In Review

  

  Attorneys at Wiley highlight important trends in the U.S. Department of Justice Fraud Section’s just-released annual report, identifying how 2021 statistics compare to the previous year and predicting future areas of focus for the DOJ's prosecution of white collar crime.

• Breyer's Role In Courthouse Design Sets A Judicial Template

  

  As U.S. Supreme Court Justice Stephen Breyer prepares to retire, his pivotal role two decades ago in the design of the award-winning John Joseph Moakley U.S. Courthouse in Boston demonstrates how the judiciary can engage in civic architecture and specifically the design of courthouses, says Kate Diamond at HDR.

• China's Entrance Into Int'l IP System Comes With Challenges

  

  China will join the Hague System for international design protection this spring, but some of China's unique legal procedures could impede global harmonization, and the development has the potential to unleash an application tsunami on worldwide patent offices, says Richard Stockton at Banner Witcoff.

• What Commerce's Anti-Dumping Rules Mean For Importers

  

  The U.S. Department of Commerce's recent updates to its anti-dumping and countervailing duty regulations could potentially accelerate scope and circumvention determination timelines, which is laudable but also raises some questions and concerns for importers and their counsel, say William Isasi and Cynthia Galvez at Covington.

• A Look At Chinese Courts' New Approach To IP Damages

  

  U.S. companies enforcing intellectual property rights in China should take advantage of the new landscape in which Chinese courts, equipped with enhanced discovery processes, are increasingly issuing large nonstatutory damage awards, say analysts at Charles River Associates.

• How US Trade Obligations Apply To Biden's Infrastructure Law

  

  The Infrastructure Investment and Jobs Act could require some state agencies that receive federal funding for infrastructure to consider for the first time whether U.S. international treaty obligations prevent the application of Buy America preferences for certain government purchases, subjecting them to new liability risks, say attorneys at Akin Gump.

• Opinion

  Time To Nix Antitrust Policies That Fueled Blocked Nvidia Deal

  

  Antitrust authorities were wise to block Nvidia's purchase of Arm Holdings, but if regulators want to deter future consolidation in the wireless communications industry, they shouldn’t revive policies that endanger the viability of licensing-based business models, says Jonathan Barnett at the University of Southern California.

• 3 Safe Passages To Avoid Sanctions Double Binds

  

  The Court of Justice of the European Union's recent judgment in Bank Melli v. Telekom Deutschland shines light on safe passages through which businesses may navigate challenges posed by conflicting international sanctions and sanctions-blocking measures, say Thomas Grant at Cambridge University and Scott Kieff at George Washington University Law School.

• BigLaw Must Nix All-Or-Nothing Work Model To Retain Talent

  

  Record numbers of workers quitting in the “Great Resignation,” paired with the growing success of nontraditional and freelance legal services, show that BigLaw’s management committees must reconsider rigid billable hour expectations and be open to part-time and noncontinuous work arrangements, says Hui Chen at Hui Chen Ethics.

• Opinion

  Biden's Supreme Court Nominee Should Have 5 Key Qualities

  

  In fulfilling his campaign promise to nominate a Black woman to the U.S. Supreme Court, President Joe Biden should look for candidates with experience as a state trial judge, a background in public education and a few other important characteristics, says Benes Aldana, president of The National Judicial College.

• Inside The New Guidance On Federally Funded Research

  

  In light of the White House's recently released national security guidance for federally funded research, institutions should ensure their policies and systems can compile information to satisfy required disclosures of outside activity, conflicts of interest and other potential sources of inappropriate influence, say attorneys at Hogan Lovells.

• Opinion

  Patent Act Must Be Updated To Protect Quantum, AI Industries

  

  Based on the Federal Circuit's interpretation, the Patent Act does not prohibit from importation into the U.S. information produced by a patented process, so Congress should act to close this problematic loophole for the benefit of the crucial, high-growth information technology field, says Clark Bakewell at Mayer Brown.