Expert Analysis

• Pros And Cons Of FDA's Push For Nonprescription Drugs

  

  The U.S. Food and Drug Administration's recent moves to shift more prescription drugs to over-the-counter status could increase access to important medications, but also bring potential safety risks and other trade-offs for drug companies, say attorneys at Hogan Lovells.

• Aligning Microsoft Tools With NYC Bar AI Recording Guidance

  

  The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

• WTO Most‑Favored‑Nation Reform May Hold Promise

  

  When the World Trade Organization meets this month, it is expected to debate changing the most-favored-nation rule, a carefully calibrated loosening of which may be justified if it enables deeper liberalization and regulatory cooperation, says Alan Yanovich at Akin.

• 5 Different AI Systems Raise Distinct Privilege Issues

  

  A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.

• Labubu Shows Value Of Patents When Viral Brands Plateau

  

  The rapid ascent of Labubu dolls demonstrated how character-driven products can scale globally without relying heavily on U.S. patents, but risk profiles change as growth stabilizes, and copyright and trade dress protections may not provide enough protection in the long term, says Tina Dorr at Barnes & Thornburg.

• Opinion

  AI-Assisted Arbitration Needs Safeguards To Ensure Fairness

  

  As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, ​​​​​​​clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.

• What New Packaging Waste Laws Mean For Franchisors

  

  With states ramping up laws establishing extended producer responsibility programs for packaging materials, paper products and single-use food service ware, restaurant and hospitality franchisors face special compliance challenges as they navigate a delicate balance between conflicting priorities, say attorneys at Baker McKenzie.

• Series

  Playing Piano Makes Me A Better Lawyer

  

  Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.

• A Look Inside The EEOC Probe Of Nike's DEI Practices

  

  The U.S. Equal Employment Opportunity Commission's recent sweeping subpoena against Nike for alleged discrimination against white employees and applicants signals a dramatic change in enforcement posture toward diversity, equity and inclusion programs that were previously permissible, say attorneys at Husch Blackwell.

• NY RAISE Act Raises The Bar For Frontier AI Developers

  

  For organizations developing or substantially modifying highly capable artificial intelligence models, the New York Responsible AI Safety and Education Act represents a meaningful escalation beyond California's S.B. 53, even though it applies to a narrower group of developers, so companies should expect additional obligations, particularly around accelerated incident reporting, say attorneys at Kilpatrick.

• AI-Generated Doc Ruling Guides Attys On Privilege Risks

  

  A New York federal court's ruling, in U.S. v. Heppner, that documents created by a defendant using an artificial intelligence tool were not privileged, can serve as a guide to attorneys for retaining attorney-client or work-product privilege over client documents created with AI, say attorneys at Sher Tremonte.

• The Law Firm Merger Diaries: Leadership Strategy After Day 1

  

  For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.

• Calif.'s Civility Push Shows Why Professionalism Is Vital

  

  The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.

• How The Fashion 'Dupe' Economy Is Redefining IP Strategies

  

  Fashion brands' recent experiments with unconventional trademark strategies highlight the growing impact that "dupe" versions of luxury items are having on the fashion market, as well as growing pressure points in trademark and trade dress law, say attorneys at Marshall Gerstein.

• 4th Circ. D&O Ruling Shows Why Textual Policy Args Are Best

  

  The Fourth Circuit's recent decision in favor of the insurer in Navigators Insurance v. Under Armour highlights how plain-text policy interpretation protects party autonomy and improves predictability to the benefit of both insurers and insureds, say attorneys at Zelle.