Expert Analysis

• How Fla. Amendment Changes The State's Mini-TCPA

  

  Gov. Ron Desantis recently signed amendments that will roll back Florida's mini-Telephone Consumer Protection Act by getting rid of the capacious definition of an autodialer, leaving the courts to sort out where the lines fall in Florida Telephone Solicitation Act litigation, says Aaron Weiss at Carlton Fields.

• Data Storage IP Case Aids In Untangling Similar Claim Terms

  

  The Federal Circuit's recent reversal of a decision to invalidate a digital storage patent demonstrates the importance of closely analyzing the intrinsic record to fill definitional gaps during claim construction, say Kyle Ryman and Joel Thollander at McKool Smith.

• 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.

• Sanctions Compliance In Era Of Record Enforcement Action

  

  The recent record-breaking penalties in separate actions against British American Tobacco and Seagate amid a sanctions violation crackdown are a reminder to prioritize factors emphasized by the National Security Division and other enforcement agencies, say attorneys at Buchanan Ingersoll.

• 5 Insider-Threat Reminders After Recent DOJ Prosecutions

  

  Three recent U.S. Department of Justice actions may well lead to much greater scrutiny of companies in which insiders engage in a variety of corporate misconduct, including conducting or enabling cybercrimes, which will likely fall not just on government contractors, but across industries and geographies, say attorneys at Paul Weiss.

• 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.

• Financial Industry Must Beware Rising BIPA Litigation Tide

  

  As Biometric Information Privacy Act litigation engulfs more financial institutions, it’s important that they evaluate their practices for collecting biometric data, and to consider whether their vendors should comply with BIPA’s requirements, and even some related California laws, say attorneys at Katten.

• 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.

• An Employer's Overview Of AI Legislation In 5 Jurisdictions

  

  Many employers are likely aware of the July 5 enforcement date for New York City's artificial intelligence law, but there are also proposals in Massachusetts, New York, New Jersey, Vermont and Washington, D.C., and a comparison illustrates the emerging legislative trends for AI employment decision tools, say attorneys at Gibson Dunn.

• Endorsement Lessons From Google False Ad Settlements

  

  Google's recent settlements with Texas, the Federal Trade Commission and six state attorneys general over deceiving endorsements from iHeartMedia DJs hold lessons that apply to any company using endorsers to promote their products or services, and provides important insights into how multistate investigations work, say Gonzalo Mon and Paul Singer at Kelley Drye.

• Some Client Speculations On AI And The Law Firm Biz Model

  

  Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

• Would Congress' Proposed ITC Reforms Thwart NPEs?

  

  The recently reintroduced Advancing America's Interests Act intends to curb the growth of nonpracticing entity activity at the U.S. International Trade Commission, and a closer examination of three provisions shows where it may be successful and where pitfalls could exist, say attorneys at Axinn.

• Philosophical Theory May Help Solve AI Inventorship Question

  

  The extended mind perspective might offer the paradigm shift to reconsider our perspective on present-day AI inventorship, and allow future innovators to more easily benefit from the patent law system, says David Leibovitch at Robinson & Cole.

• US Security Exception Proposal May Undermine The WTO

  

  A U.S. proposal, floated earlier this month, to clarify that the General Agreement on Tariffs and Trade's essential security exception is wholly self-judging would provide an unfettered ability for a country to avoid any of its World Trade Organization obligations, further destabilizing the WTO and international rule of law, say attorneys at Akin Gump.