Firm Tips For Helping New Lawyers Succeed Post-Pandemic

Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

What To Know About Recent Trends In PTAB Sanctions

Hilary Gerzhoy at HWG discusses recent Patent Trial and Appeal Board trends in sanctioning and how to handle a discipline complaint from the U.S. Patent and Trademark Office in the wake of the PTAB's recent cancellation of multiple biological specimen collection patents.

Prepping Your Business Ahead Of Affirmative Action Ruling

The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.

4 Emerging Risks For US Insurance Markets

Both insureds and insurers in the U.S. must be aware of significant inbound exposures — including the issues arising from opioids, climate change and artificial intelligence — that could lead to continued volatility in insurance markets, say Aidan McCormack and Wes Reichart at DLA Piper.

Tackling Judge-Shopping Concerns While Honoring Localism

As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

No Easy Out For FCA Defendants After Justices' Ruling

The U.S. Supreme Court’s June 1 decision in U.S. v. SuperValu puts an end to the defense that a federal contractor's belief and in-house debates about problematic conduct are irrelevant to False Claims Act liability, says R. Scott Oswald at The Employment Law Group.

How Telemedicine Providers Can Adapt To Post-COVID Rules

Telemedicine providers should pay close attention to the U.S. Drug Enforcement Administration's temporary rule extending pandemic-era flexibilities for prescribing controlled substances and utilize this brief reprieve to prepare for significant changes in the final permanent rules to come, say Chris Eades and Mayo Alao at Hall Render.

Perspectives

How Attorneys Can Help Combat Anti-Asian Hate

Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

Opinion

Congress Needs To Enact A Federal Anti-SLAPP Statute

Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

Global Issues In EU's Licensing Plans For Essential Patents

Consultants at Analysis Group explore questions surrounding the recently announced EU licensing framework for standard-essential patents, and how the European Commission's goals may influence discussions of issues like procedure, efficiency and transparency in the U.S. and elsewhere.

Why Fed. Circ. Should Explain Treatment Of Prior Art Ranges

The Federal Circuit in UCB v. Actavis recently cited previous cases in holding that prior art disclosure of a range is not a disclosure of its endpoints, but the appeals court needs to more thoroughly explore the basis for this decades-old patentability precedent, say Ben Katzenellenbogen and Paul Stewart at Knobbe Martens.

A Watershed Moment For Microbiome-Based Therapy

While there has been limited microbiome patent enforcement so far, the regulatory approvals of three microbiome-related products and the case of Ferring v. Finch indicate that microbiome patent litigation could take off, and may spur greater investment in this space, say Mark FitzGerald and Alissa Young at Nixon Peabody.

Legal Pitfalls To Watch For When Advertising Psychedelics

As psychedelic products and related therapeutic services make their way into the mainstream, companies engaged in creating or publishing ads for such products and services should consider several legal implications on federal, state and local levels, says Dorian Thomas at Frankfurt Kurnit.

Trending At The PTAB: IPR Estoppel After Ironburg

The Federal Circuit's recent Ironburg v. Valve decision does not make clear how patent owners could attempt to meet the burden of abiding by its rules for litigating inter partes review estoppel for references not asserted in a petition, but arguments in the case offer a clue, say attorneys at Finnegan.

Takeaways From New Fla. Pharmacy Benefit Manager Rules

A recently passed Florida law imposes several new requirements on pharmacy benefit managers, necessitating practical considerations that range from potential license application delays to possible trade secret exposure, say Thomas Range and Bruce Platt at Akerman.