Expert Analysis

• Trending At The PTAB: The Influence Of Litigation Arguments

  

  Recent decisions from the Patent Trial and Appeal Board shed light on the varying extent to which the board considers patent owners' district court arguments, particularly with respect to the meaning of claim terms, say attorneys at Finnegan.

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  Teaching Business Law Makes Me A Better Lawyer

  

  Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

• Choosing A Road To Autonomous Vehicle Compliance

  

  As autonomous vehicle manufacturers navigate the complex U.S. regulatory landscape, they may opt for different approaches to following federal, state and local rules and laws, as they balance the tradeoffs between innovation, compliance and speed of deployment, say attorneys at Sidley.

• Gauging Professional Sport Biometric Data Privacy Concerns

  

  In today's data-driven sports industry, teams, leagues and sponsors increasingly rely on biometric and performance data to enhance player performance, prevent injuries and optimize contract negotiations, but this growing reliance on highly sensitive data raises significant legal and privacy concerns, particularly in light of evolving biometric privacy laws, say attorneys at Foley & Lardner.

• Deregulation Memo Presents Risks, Opportunities For Cos.

  

  A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.

• Action Steps To Prepare For Ramped-Up Export Enforcement

  

  In light of recent Bureau of Industry and Security actions and comments, companies, particularly those with any connection to China, should consider four concrete steps to shore up their compliance programs given the administration's increasingly aggressive approach to export enforcement, say attorneys at Gibson Dunn.

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  Law School's Missed Lessons: Mastering Discovery

  

  The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

• What Cos. Need To Know About EU's AI Action Plan

  

  The European Commission’s recently unveiled artificial intelligence continent action plan aims to position the European Union as a global AI leader, but with tension surrounding the EU AI Act’s compliance obligations, organizations should prepare for potential regulatory divergence between the plan's pro-innovation approach and the act's more prescriptive regime, says Marc Martin at Perkins Coie.

• Web Tracking Ruling Signals Potential Broadening Of CCPA

  

  The Northern District of California's recent decision in Shah v. Capital One Financial Corp. is notable, as it signals a potential broadening of the California Consumer Privacy Act's private right of action beyond data breaches to unauthorized, nonbreach disclosures involving the use of now-ubiquitous tracking technologies, say attorneys at Baker Donelson.

• Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling

  

  The Federal Circuit’s recent decision in Recentive Analytics v. Fox, a case of first impression affirming the invalidity of patents that applied general machine learning methods to conventional tasks, serves as a cautionary guide for patent practitioners navigating the complexities of machine learning inventions, say attorneys at Foley & Lardner.

• The Future Of Privacy Enforcement Under Ferguson's FTC

  

  Federal Trade Commission Chair Andrew Ferguson's early actions indicate a marked shift toward a more traditional approach to privacy enforcement, so companies should expect the commission to maintain a strong focus on enforcing Section 5 of the FTC Act in the privacy area, says Kandi Parsons at ZwillGen.

• Mitigating Import Risks Around Southeast Asian Solar Cells

  

  The U.S. Department of Commerce's recent final determinations in its antidumping and countervailing duty investigations into solar cells produced in certain Southeast Asian countries make it important for U.S. purchasers to consider risk mitigation strategies, including modifying supply chains and contractually assigning import responsibilities, say attorneys at Morgan Lewis.

• AT&T Decision May Establish Framework To Block FCC Fines

  

  The Fifth Circuit's recent decision in AT&T v. FCC upends the commission's authority to impose certain civil penalties, reinforcing constitutional safeguards against administrative overreach, and opening avenues for telecommunications and technology providers to challenge forfeiture orders, say attorneys at HWG.

• Apple Ruling Provides Clarity For UK Litigation Funders

  

  The Court of Appeal's recent Gutmann v. Apple decision that litigation funders can take a fee before class action members are paid helps relieve the concerns of insufficient funding returns that followed news of a broad sector review and a key high court ruling, says Matthew Lo at Exton Advisors.

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  Playing Guitar Makes Me A Better Lawyer

  

  Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.