Expert Analysis

• How 'Settled Expectations' Affect Amazon's Patent Program

  

  Whether the U.S. Supreme Court decides to weigh in on the U.S. Patent and Trademark Office's "settled expectations" framework could have significant consequences for how patent owners and accused sellers approach disputes in Amazon's patent evaluation process, says Barry Greenbaum at Olshan Frome.

• Fla. Justices Give Trial Judges More Dismissal Discretion

  

  The Florida Supreme Court's recent decision in Publix Supermarkets Inc. v. Goga confirmed that appellate courts should not apply a heightened standard when reviewing severe sanctions for fraud on the court, granting greater deference to trial courts, says Brent Hartman at RumbergerKirk.

• Lessons From 5 Months Of DOJ Corporate Policy Deals

  

  Recent declinations and prosecution agreements between the U.S. Department of Justice and corporations since the March unveiling of the corporate enforcement and voluntary disclosure policy provide takeaways for management considering how to respond to corporate misconduct, says Brendan Quigley at Baker Botts.

• Limiting Employer Risk If Calif. Case Upends Time Rounding

  

  The California Supreme Court's holdings in recent years suggest that it may tighten the rules for — or even eliminate — time clock rounding when it decides Camp v. Home Depot, so employers should consider taking preemptive steps to guard against large potential liability, says Jacqueline Crispino at the Jhaveri-Weeks Firm.

• AG Watch: Va. Auto Renewal Law Clears Enforcement Path

  

  The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

• Opinion

  After Monsanto, Defense Bar Must Build Case Against Lohr

  

  The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

• FTC-Deere Deal Tells Cautionary Tale On Repair Access Limits

  

  A recent proposed Federal Trade Commission antitrust settlement in Illinois federal court requires Deere & Co. to provide access to repair services previously available only to authorized dealers, and companies that limit access to aftermarket resources should ensure they can substantiate the reasoning behind any restrictions, say attorneys at Freshfields.

• QVC Ch. 11 Confirmation Shows Independent Directors' Value

  

  QVC's recently confirmed Chapter 11 plan joins a growing body of restructuring precedent demonstrating that well-functioning independent director frameworks can create the evidentiary and governance foundation necessary to resolve complex intercompany disputes, preserve value and secure judicial approval of contested transactions, say attorneys at Choate.

• What Cos. Must Know About EPA Water Monitoring Proposal

  

  The U.S. Environmental Protection Agency's newly proposed rule that would require public water systems to monitor for 30 unregulated drinking water contaminants does not impose new obligations on companies, but the data collected could affect future policy, investigations and litigation, says Ayodeji Ayolola at Gordon Rees.

• Series

  Being A Sommelier Makes Me A Better Lawyer

  

  Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

• MF Doom IP Suit Highlights Hurdles For Trademark Claims

  

  A recent lawsuit involving unauthorized merchandise bearing MF Doom's name and likeness is likely a preview of how infringement and counterfeit cases against online marketplaces will be defended going forward, shedding light on how intellectual property counsel can avoid dismissal of their claims, say Purdue Global Law School professor Scott Mortman and Southwestern Law School student Eden Burkow.

• 3 Private Suits Test Influencer Ads As FTC Stays On Sidelines

  

  Three lawsuits filed so far this year illustrate how influencer campaigns are facing growing scrutiny from private plaintiffs, despite the Federal Trade Commission not bringing an influencer marketing enforcement action since revising its endorsement guides to address the topic in 2023, but brands can take concrete steps to reduce the risks, says Gonzalo Mon at Kelley Drye.

• AI, Prediction Markets Lead Securities Developments In 2026

  

  Securities class actions tied to artificial intelligence and the battle over prediction market regulation both raise novel questions that courts are only beginning to address and that will continue to resonate throughout the second half of the year, say attorneys at Skadden.

• Calif. Recycle Label Order Imperils Product Responsibility Law

  

  A California federal court's injunction blocking enforcement of the state's truth-in-recycling law gives companies racing to remove chasing arrows and other recyclability labels from their packaging a reprieve — and the court's action may also hobble implementation of the state's extended producer responsibility law, say attorneys at Davis Wright.

• FTC Focus: Enforcing Vertically Integrated Operating Systems

  

  As digital platforms increasingly pair operating systems with commerce, advertising, content and data, antitrust scrutiny will turn on whether those integrations create private bottlenecks that foreclose rivals through access, ranking, interoperability or defaults, pushing courts and enforcement agencies to adapt traditional utility and merger frameworks more aggressively, say attorneys at Proskauer.