How ITC's Junior Atty Program Can Benefit Firms, Clients

Victoria Reines and Philip Marsh at Arnold & Porter offer some thoughts on making the U.S. International Trade Commission's Nurturing Excellence in Trial Advocates program work for firms and clients, and discuss the benefits of having a junior attorney present an opening statement.

Attys Shouldn't Assume Judicial Critique Is Protected Speech

As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.

Penn State TM Case's Impact On Merchandising And Beyond

The trademark infringement battle between Penn State and Vintage Brand over selling merchandise containing the school's trademarks raises the issue of whether designs on apparel serve as source identifiers for the goods themselves — and could significantly affect trademark law and the merchandising industry, say Cheryl Howard and David Ervin at Crowell & Moring.

Exploring Publicity Rights For Virtual Avatars

Advertising in the virtual world raises intellectual property issues — and although existing case law does not address a persona right for an avatar, it's only a matter of time before an aggrieved third party will assert a right of publicity claim based on the unauthorized use of his or her avatar, says Matthew Savare at Lowenstein Sandler.

Opinion

Time For Biden And Congress To Fix The ITC

The U.S. International Trade Commission has become a favorable legal forum for patent plaintiffs, with nonpracticing entities often weaponizing trade law and the harsh penalties available at the ITC, so Washington should take some critical steps to reaffirm the commission's public interest obligation, says Joshua Landau at the Computer & Communications Industry Association.

13 Cognitive Distortions That Plague Defense Witnesses

In civil litigation, witnesses exhibiting negative thought patterns can spell trouble — so defense counsel should familiarize themselves with the most common cognitive distortions that can cripple their witnesses' testimony, and try to intervene to help reframe their perceptions, say Bill Kanasky Jr. and Steve Wood at Courtroom Sciences.

5 Considerations In Preparing For EU's New Patent System

With the upcoming implementation of the unitary patent and Unified Patent Court, Europe gets closer to its long-term goal of one EU patent that can be enforced in one court, and non-EU patent owners and applicants will have strategic decisions to make, say Fabian Koenigbauer at Ice Miller and Thomas Kronberger at Grünecker.

Series

Keys To A 9-0 High Court Win: Practicality Over Perfection

When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.

What New Bar Exam Means For Law Students And Schools

Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.

9th Circ. Delta-8 Ruling Was Probably A Blip, Not A Landmark

Though the Ninth Circuit’s recent decision in AK Futures v. Boyd St. Distro provided clarity for those seeking to enforce trademark protections for Delta-8 THC products, it likely will not lead to long-term change, and it would be unwise to interpret the ruling as a green light for intoxicating hemp, says Marshall Custer at Husch Blackwell.

What USPTO's Disclosure Duties Notice Says And Doesn't Say

For several reasons, stakeholders may disagree with the U.S. Patent and Trademark Office's statement that its recent notice clarifies the duty of disclosure for parties appearing before the USPTO who receive information from, or make representations to, other federal agencies, say Ben Katzenellenbogen and Paul Stewart at Knobbe Martens.

And Now A Word From The Panel: 5 Key MDL Factors

A recent decision by the Judicial Panel on Multidistrict Litigation to deny a petition for a new MDL offers useful insights into the most important factors that the panel considers when determining whether consolidation of a group of separate cases is warranted, says Alan Rothman at Sidley.

Apple's New Messaging Features Will Complicate E-Discovery

Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.

Law Firm Inclusion Efforts Often Overlook Business Staff

Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

AI Artists Highlight Need For Copyright Updates

As virtual musicians are generated in the age of artificial intelligence, the U.S. Copyright Office will be forced to clarify the limits of copyright protections, which are currently reserved only for human beings, say Sarkis Yeretsian and Jonathan Goins at Lewis Brisbois.