Expert Analysis

• Upcoming High Court ADA Cases May Signal Return To Basics

  

  Recent cases, including Acheson Hotels v. Laufer, which will be heard by the U.S. Supreme Court in October, raise a fundamental question of whether Americans with Disabilities Act litigation has spiraled out of control without any real corresponding benefits to the intended beneficiaries: individuals with true disabilities, says Norman Dupont at Ring Bender.

• 4 Business-Building Strategies For Introvert Attorneys

  Excerpt from Practical Guidance

  

  Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

• Opinion

  'US Cyber Trust Mark' Program Threatens Privacy, Innovation

  

  The Federal Communications Commission's recently announced plan to create a "U.S. Cyber Trust Mark,” which would voluntarily affix to smart devices to boost consumer confidence and industry security standards, could lead to an erosion of consumer privacy, competition, innovation, and any firewall between the government and the individual, says attorney Donna Etemadi.

• Opinion

  3 Ways Justices' Disclosure Defenses Miss The Ethical Point

  

  The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

• FTC 'Dark Patterns' Enforcement Signals Consent Theory Shift

  

  The Federal Trade Commission's recent complaint against Amazon for using dark patterns to trick consumers signals a general trend in American jurisprudence of importing a European theory of consent, which could result in a more turgid digital experience, says Christian Auty at BCLP.

• IPR Pointers In Recent PTAB Discretionary Denials

  

  ​​​​​​​A trio of decisions at the Patent Trial and Appeal Board illustrates why petitions for inter partes review must set forth clear positions, including arguments that are substantially different from those previously considered by the examiner, say Kevin Schubert and Scott Hejny at McKool Smith.

• How US Investment Regulation May Shift Under Biden Order

  

  Attorneys at Ropes & Gray explore potential prohibitions, notification requirements and covered transactions under President Joe Biden's recent executive order, which marks an unprecedented expansion of U.S. regulation of investment activity.

• 5 Compliance Mistakes To Avoid When Entering A New Market

  

  As many companies move their value chains out of China or expand to new markets for other reasons, they should beware several common compliance pitfalls — such as insufficient due diligence and one-size-fits-all training — to avoid reputational, financial and legal damage, says Alexandra Wrage at TRACE International.

• Where Biden's Outbound Investment Effort May Be Headed

  

  The president’s recent executive order on outbound investment describes prohibited transactions and a notification process, but the U.S. Department of the Treasury’s actions suggest upcoming regulations will leave investors with the risky determination of whether investments are prohibited or require notification, say attorneys at Morgan Lewis.

• EPA Focus On Lead Could Heighten Private Litigation Risk

  

  As the U.S. Environmental Protection Agency continues a series of initiatives aimed at reducing lead exposure, including last month's proposal to strengthen removal requirements for lead-based paint, the risks of private suits from citizens groups over lead contamination grow, say Jonathan Brightbill and Madalyn Brown Feiger at Winston & Strawn.

• Caregiver Flexibility Is Crucial For Atty Engagement, Retention

  

  As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

• Strike Force Actions Underscore Foreign Risks For Tech Cos.

  

  As recent prosecutions demonstrate, a multiagency strike force is ramping up enforcement of trade secret theft and export control violations, and companies will need to be proactive in protecting their sensitive technologies from foreign adversaries, say attorneys at McGuireWoods.

• In-Office Engagement Is Essential To Associate Development

  

  As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

• Perspectives

  A Judge's Pitch To Revive The Jury Trial

  

  Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

• What Patent Bills Would Mean For Infringement Litigation

  

  Attorneys at Farella Braun summarize a pair of recently introduced patent bills — one that would reform patent eligibility and another that would change procedures for litigating patent invalidity — and explore the potential impact of each.