Expert Analysis

• 5 Ways Trial Attys Can Build Mental Health Counseling Skills

  

  Studies demonstrate that many attorneys are not equipped to respond adequately to trauma exposure, but trial lawyers can build several key skills drawn from mental health counseling into their interactions with clients and colleagues, from cognitive reappraisal to boundary setting, says Alexandra Echsner-Rasmussen at Aylstock Witkin.

• How Rule 45 Update May Change Remote Trial Subpoenas

  

  The Committee on Rules of Practice and Procedure's recently recommended update to Rule 45 of the Federal Rules of Civil Procedure would expand trial courts’ subpoena power for remote testimony, but it would not alter the standard for authorizing remote testimony and may prompt unresolved questions for foreign witnesses, say attorneys at WilmerHale.

• Protecting Trade Secrets When AI Agents Go Rogue

  

  In light of a recent incident in which artificial intelligence agents compromised parts of Hugging Face's production systems, and the uncertain court guidance surrounding liability in such situations, companies looking to update their trade secret protections should carefully examine agents' permissions and technical limitations, says Matt Nealon at Marshall Gerstein.

• Reckoning With The IP Risks Of Building Vibe-Coded Products

  

  While artificial intelligence can now be prompted into generating potentially valuable software, developers who sell vibe-coded products must account for questions about authorship, copyrightability and their ability to control the resulting code, say attorneys at Lawgorithm Advisors.

• TTAB Tribal Immunity Ruling Alters TM Strategy Risks

  

  Following the Trademark Trial and Appeal Board's recent holding in Philip Morris v. IP Services International that tribal sovereign immunity does not bar trademark cancellation proceedings, tribes involved in trademark licensing, partnerships or acquisitions should weigh federal registration protections against exposure to full TTAB scrutiny, says Chante Westmoreland at Sheppard.

• Athletes Must Consider PR Risks Surrounding IP Enforcement

  

  NFL player Jayden Daniels' demand for Louisiana State University to cease using his name, image and likeness, and the flurry of social media memes that ensued from this incident, highlight the challenges of navigating the balance between intellectual property legal strategy and public relations, say attorneys at McAndrews Held.

• What Lawyers Should Know Before Accepting Crypto Payment

  

  As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

• Changing Strategies To Protect Your Autonomous AI's IP

  

  After Insilico recently named only human inventors on a patent application for an autonomous artificial intelligence's drug discovery, companies should take concrete steps to preserve the strongest possible intellectual property protection for AI-assisted work, including documenting human contributions and strengthening trade secret controls, says Stephen Ball at Husch Blackwell.

• Series

  Mentalism Makes Me A Better Lawyer

  

  Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

• Why And How To Build A Neurodiversity-Informed Practice

  

  By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

• How Public Filing Pilot Is Influencing Litigation Strategy

  

  The ongoing pilot program that makes it easier for third parties like journalists or academics to obtain court documents used in certain public hearings is reshaping how litigation teams draft skeleton arguments, settle expert evidence, and identify and restrict sensitive material, say lawyers at Greenberg Traurig.

• Opinion

  PTAB Panels Should Revamp Their IPR Merits Decisions

  

  In light of U.S. Patent and Trademark Office Director John Squires' recent announcement about returning merits institution determinations to the Patent Trial and Appeal Board, the implementing framework should strengthen PTAB panels' responsibility for the benefit of both petitioners and patent owners, says Brandon Theiss at AddyHart.

• Patent Eligibility Bulletin: Claim Solutions, Not Results

  

  In the third quarter of the year, two Federal Circuit decisions illustrated that claims sharing the same disclosure can fall on opposite sides of the patent eligibility line, depending on the specific nuances of tech patents' claims, says Reilley Keane at Banner Witcoff.

• New DNA Screening Standard Has No Clear Playbook

  

  Although the government has not yet released promised guidance intended to support its new standards for screening mail-order DNA, companies should not read this as a reprieve from the Oct. 13 compliance deadline because the delay shifts enforcement risk to statutes that need no new authority, including false statements, the False Claims Act and fraud, says Ashwin Ram at Buchalter.

• Opinion

  Clancy Trial Shows Need For Juror Anonymity Reforms

  

  Doxing of the holdout juror in the Lindsay Clancy murder mistrial in Massachusetts illustrates the increasing need to provide jurors with greater protection once service ends in high-profile cases, balancing concerns about transparency and independence, says Daniel Schneider at Offit Kurman.