Expert Analysis

• Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

  

  Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.

• Consequences For US Cos. If Russia Gets Official Terror Label

  

  As reports of war crimes mount nearly one year into Russia’s invasion of Ukraine, the U.S. Department of State could give Russia or its mercenary Wagner Group official terrorist designations, exposing any company that indirectly or unintentionally contributes to the war effort to new liability, says Kevin Carroll at Hughes Hubbard.

• What Investment Tensions With China Mean For US Issuers

  

  As geopolitical, trade and investment tensions between the U.S. and China continue, U.S. issuers should review their current exposure to the China market and adjust their risk factor disclosures in upcoming annual reports, say attorneys at Morgan Lewis.

• 7 Tips To Increase Your Law Firm's DEI Efforts In 2023

  

  Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.

• Series

  Keys To A 9-0 High Court Win: Get Back To Home Base

  

  When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.

• WTO Interim Appeals Award Demonstrates Process's Benefits

  

  The first award from the World Trade Organization interim arbitration arrangement, recently issued in a dispute over Colombian tariffs, shows that members have a viable independent review process that can offer prompt and effective dispute resolution, although some may criticize the award as an example of interpretive activism, says Alan Yanovich at Akin Gump.

• EU Medicine Reboxing Ruling Gives Guidance To Pharma Cos.

  

  The recent landmark decision of the Court of Justice of the EU in Novartis Pharma on repackaging medicines has provided pharma companies with a much-needed framework, with better protections for trademarks and clearer protocols for handling imported products, say Ulf Grundmann and Elisabeth Kohoutek at King & Spalding.

• How Copyright Is Leveraged To Protect NFTs In US And China

  

  Paolo Beconcini and Elisa Li at Squire Patton examine the importance of copyright protection for non-fungible tokens not only in the U.S. but also in China, with a comparative approach that elucidates the challenges and potential solutions.

• Atty-Client Privilege Arguments Give Justices A Moving Target

  

  Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.

• 5 Gen X Characteristics That Can Boost Legal Leadership

  

  As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.

• 6 Questions For Boutique Firms Considering Mergers

  

  To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.

• FCPA Enforcement Outlook: Sweeter Carrots, Sharper Sticks

  

  Corporate enforcement of the Foreign Corrupt Practices Act in 2023 will likely remain apace with last year’s rebound from historic lows, continuing to demonstrate broad industry and geographic reach, as well as the U.S. Department of Justice’s evolving approach to incentives and consequences, say attorneys at Debevoise.

• What Energy Claims Against Spain Mean For Investor Rights

  

  A Japanese investor's successful Energy Charter Treaty claim against Spain, which may have influenced the country's departure from the treaty, may be a harbinger for more pro-investor developments to come in investor-state arbitration, says Sohan Dasgupta at Taft Stettinius.

• 5 Tips For Adding Value To Legal Clients' Experience In 2023

  

  Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.

• Fed. Circ. Patent Decisions In 2022: An Empirical Review

  

  The Federal Circuit decided far fewer patent cases in 2022 than in previous years, with patentees and patent applicants faring about the same overall as in 2021, though much better in district court appeals and worse in appeals from the Patent Trial and Appeal Board, says Dan Bagatell at Perkins Coie.