Expert Analysis

• How To Structure Protective Order AI Provisions In IP Disputes

  

  A survey of protective orders in recent intellectual property litigation reveals best practices for drafting provisions on artificial intelligence use that maximize IP protection while balancing enforceability with efficient discovery, say Matthew Stephens and Bryce Tabbut at MoFo.

• WWE Sanctions Ruling Pins Down Spoliation Lesson

  

  The Delaware Chancery Court’s recent verdict in favor of WWE investors may be the most carefully calibrated spoliation sanctions decision in recent memory, and it should reshape how counsel approach their motions — including in federal court, says Ricky Weingarten at Slarskey.

• Fed. Circ. Rulings Emphasize Adjudicative Access And Review

  

  Decisions from the Federal Circuit's 2026 docket indicate that the court is increasingly paying attention to whether tribunals possess authority to act, meaning practitioners will need to properly address procedural hurdles before they can argue the merits of a case, say attorneys at Reichman Jorgensen.

• Amazon v. Perplexity Ruling Limits CFAA Reach Over AI Tools

  

  The Ninth Circuit's recent decision in Amazon v. Perplexity provides important early guidance on how the Computer Fraud and Abuse Act applies to agentic artificial intelligence, and is the latest in a line of rulings in which courts have declined to stretch existing statutes to broadly regulate AI, say attorneys at Ropes & Gray.

• Mitigating The Risk Of Antiestablishment Jurors

  

  The legal battles currently embroiling social media companies underscore that jurors with anti-corporate bias and conspiratorial thinking patterns pose myriad risks to corporate defendants, and defense counsel should adapt their trial strategies accordingly, say consultants at Persuasion Strategies.

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  Being In A Band Made Me A Better Lawyer

  

  Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

• Rethinking Corporate Travel Rules After Device Search Cases

  

  A recent New York federal court decision approving a warrantless seizure and search of company laptops and a pending Georgia federal court criminal case over a phone's data deletion underscore how little protection corporate personnel have at the border, necessitating a review of corporate travel programs, say attorneys at Gibson Dunn.

• 10th Circ. Ruling Undermines False Ad 'Two Clicks' Rule

  

  The Tenth Circuit’s recent ruling in KetoNatural Pet Foods v. Hill's Pet Nutrition substantially challenges a long-standing assumption that a company can avoid responsibility for promotional claims simply because the consumer encountered them by clicking a hyperlink to a third-party website, say attorneys at Venable.

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  Law School's Missed Lessons: Surviving A Long Trial

  

  Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

• A Deepening Patent-Trademark Divide Over Irreparable Harm

  

  Recent Federal Circuit decisions, along with legislation being considered in Congress, may exacerbate the differences that patent owners and trademark owners face when seeking to stop infringement before irreparable harm is caused, say attorneys at BakerHostetler.

• Whiskey Business: Parsing The 9th Circ. Jack Daniel's IP Toss

  

  The Ninth Circuit's recent ruling in VIP Products v. Jack Daniel's, holding a toy did not tarnish the whiskey maker's trademarks, gives fact-finders great latitude by showing that there may exist no categories of per se tarnishing content, says attorney Sara Gold.

• Reel Justice: 'Disclosure Day' Teaches Attys To Listen

  

  The underlying message in “Disclosure Day” suggests that communication often breaks down because of a failure to hear and understand, highlighting why a lawyer's ability to listen is not ancillary to their practice — it is what makes effective representation and justice possible, says Veronica Finkelstein at Widener-Delaware Law.

• Other Transaction Authority May Change Military Construction

  

  Early use of the Pentagon’s expanded authority to use other transaction agreements for defense construction projects suggests it may become a consequential change that draws new entrants into the marketplace, so participants should be cognizant of how it differs from the familiar Federal Acquisition Regulation model, say attorneys at Holland & Knight.

• Fed. Circ.'s Thermostat Ruling Holds Patent Jury Trial Lessons

  

  The Federal Circuit's recent decision in Ollnova v. Ecobee, throwing out a $11.5 million patent infringement award, clarifies key rules for jury verdict forms and sends an important message on patent subject matter eligibility, says Bijal Vakil at Skadden.

• Trending Legal Implications Of Employee Influencer Programs

  

  Employee-generated content is rapidly becoming a popular marketing strategy, as illustrated by Starbucks' new TikTok program, but it raises several legal risks for employers, including wage and hour exposure, federal disclosure obligations, and intellectual property concerns, say attorneys at Reed Smith.