Expert Analysis

• How To Reconcile AI Opacity And Advisers' Fiduciary Duties

  

  Firms that treat fiduciary compliance as a foundation for responsible artificial intelligence adoption will be best positioned when the U.S. Securities and Exchange Commission moves from implicit expectations to explicit rules regarding advisers' core duties, as those are unlikely to change, says Ivor Wolk at Manatt.

• Opinion

  Congress Should Ax Privacy Bill For Not Shielding Consumers

  

  The SECURE Data Act should be rejected because, despite Congress' claims, it would not meaningfully rein in data practices, but instead would weaken enforcement, eliminate stronger protections and prioritize data extraction over consumer protection and accountability, say attorneys at DiCello Levitt.

• AI Data Center Boom May Spur Wave Of Toxic Tort Suits

  

  Nascent litigation matters against data center operators, set against limited government regulation and a growing body of public health research, suggests we may be on the cusp of an era of mass toxic tort claims, with a liability framework firmly rooted in precedent from other industries, says Benjamin Heller at RFZ Law.

• Building Codes Ruling May Inform AI Copyright Arguments

  

  The Third Circuit's recent decision in ASTM v. UpCodes, finding that republication of copyrighted building codes incorporated into binding law likely constitutes fair use, may help shape intellectual property strategy for standards organizations, rights holders and potentially even AI stakeholders, says Mitesh Patel at Reed Smith.

• How Geopolitical Risk Affects Data Center Coverage

  

  Escalating tensions with Iran risk disrupting the energy and infrastructure inputs that support data center operations, raising insurance coverage concerns for operators affected by events far outside their physical footprints, say attorneys at McGuireWoods.

• Suit's Dismissal Would Not Settle Gold Card Visa's Legality

  

  The government’s recent assertion that the plaintiffs in American Association of University Professors v. Department of Homeland Security lack standing to challenge the Trump administration’s pay-to-play immigration program does not address whether an agency can deem a million-dollar gift evidence of eligibility for immigration benefits carefully defined by Congress, says Jun Li at Reid & Wise.

• DOJ's Stance On Antitrust And Patent Law Reflects Balance

  

  Recent statements of interest in patent litigation and a speech from a key U.S. Department of Justice official communicate the view that strong patent rights and competition policy are complementary, and offer important guidance for intellectual property practitioners and businesses navigating patent enforcement, standard‑setting and licensing, say attorneys at Wiley.

• 2 AI Snafus Show Why Attys Can't Outsource Judgment

  

  The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

• Opinion

  Congress Must Repair USPTO's Inter Partes Review Process

  

  To challenge recent changes to the inter partes review process issued by the U.S. Patent and Trademark Office, Congress must establish clear statutory guardrails, transparency and meaningful judicial review so that questionable patents receive proper scrutiny, say Sean Tu at the University of Alabama, Arti Rai at Duke University and Aaron Kesselheim at Harvard.

• How Data Center Accounting May Draw Enforcement Scrutiny

  

  As public and media scrutiny of the data center industry intensifies, regulators, enforcement authorities and Congress will likely focus on accounting judgments that rely on aggressive assumptions, opaque financing structures or rapidly evolving collateral classes, heightening the risk of investigations and inquiries, say attorneys at King & Spalding.

• How 'Spillover' Effects Can Skew AI Securities Class Actions

  

  Event study evidence is often central in securities litigation at class certification and beyond, but in an environment where earnings forecasts and statements can have spillover market implications, particularly when concerning artificial intelligence, the task of parsing out the price impact of news requires careful consideration, say Erik Johannesson, Olivia Wurgaft and Nguyet Nguyen at Brattle Group.

• Series

  Playing Magic: The Gathering Makes Me A Better Lawyer

  

  The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

• What's At Stake For Employers In Fight Over Visa Pause

  

  For employers that rely on foreign talent, the Trump administration’s suspension of immigrant visa issuance for the nationals of 75 countries is creating practical problems, and a recently filed lawsuit challenging the pause could determine whether consular processing, for some, ceases to be an individualized process, says attorney Lisa Eisenberg.

• How Banks And Fintechs Can Build COPPA-Ready Youth Apps

  

  Recent Children's Online Privacy Protection Act and state law activity expanding children's data protections underscore compliance considerations for bank-fintech partnerships offering digital financial tech products for youth, including age-gating, data minimization and parental control, says Erin Illman at Bradley Arant.

• Fed. Circ. In March: IPR And The Limits Of Retroactivity

  

  The Federal Circuit recently ruled in Implicit v. Sonos that even though the clever retroactive correction of two invalidated patents theoretically should have changed the outcome of the inter partes review, the patentee had forfeited the right to rely on the correction — which is interesting for several reasons, say attorneys at Knobbe Martens.