Expert Analysis


How PBMs Can Adapt To Plan Sponsors' Disclosure Demands

As federal reforms, growing state regulation and litigation threats push plan sponsors to expect visibility into revenue streams, pharmacy benefit managers should leverage transparency strategically, including by simplifying how they get paid, offering clients audit-ready data and co-designing contracts that are easy for fiduciaries to explain and defend, says Kristie Blase at Frazer + Blase.


Risk Disclosure Lessons For AI Cos. From Dot-Com Era

Regulatory responses following the dot-com collapse reflected a consistent emphasis on whether public disclosures enabled investors to understand the economic reality underlying reported performance, a focus that is likely to shape how artificial intelligence infrastructure disclosures are evaluated if market expectations similarly deteriorate, say Diana Connor, Adrienna Huffman and Bin Zhou at the Brattle Group.


Section 122 Tariffs Show Shift In Strategy, Not Trade Policy

By imposing temporary tariffs under Section 122 of the Trade Act as a stopgap measure while it pivots to less transitory statutory authorities, the Trump administration sent a clear message that the U.S. Supreme Court’s decision in Learning Resources v. Trump, invalidating duties imposed under the International Emergency Economic Powers Act, will not precipitate a change in policy direction, say attorneys at Snell & Wilmer.


Have Iconic Twitter Trademarks Been Abandoned?

A set of lawsuits concerning the status of X Corp.'s "Twitter" and "tweet" trademarks, which will potentially be considered abandoned in July, will provide instructive insights into how trademark owners can defend against abandonment claims, say attorneys at Bradley Arant.


Google's Scraping Suit Asks How Far DMCA Protections Go

A California federal court's decision in Google v. SerpApi will spotlight a long-developing judicial split over how to apply Section 1201 of the Digital Millennium Copyright Act’s ban on circumventing a copyright holder’s access controls, an increasingly important point in litigation over web scraping and artificial intelligence training, say attorneys at Jenner & Block.


What New Animal Welfare Enforcement Push Means For Cos.

The Trump administration's recently announced multiagency focus on violations of the Animal Welfare Act and related laws will likely lead to broader enforcement actions across industries, heightened scrutiny of compliance standards and a need for businesses to adopt effective risk management practices, says Shennie Patel at Crowell & Moring.


The Practical Implications Of New FDIC Stablecoin Measures

The Federal Deposit Insurance Corp.'s recent proposal to create a formal process for issuing payment stablecoins arrives with several practical implications for FDIC‑supervised banks pursuing digital asset strategies, including a safe harbor for early applicants and a focus on ownership and governance, say attorneys at Troutman.


Decoding Arbitral Disputes: UK Top Court On State Immunity

The U.K. Supreme Court's recent ruling denying Spain's and Zimbabwe's bids to escape arbitration awards using state immunity claims provides significant clarification of the relationship between sovereign immunity and the International Centre for Settlement of Investment Disputes system, and reinforces the finality and enforceability of ICSID awards, says Josep Galvez at 4-5 Gray's Inn.


What To Know About Supreme Court's New Recusal Rules

The U.S. Supreme Court recently announced three major revisions to its rules, effective March 16, that appear designed to streamline the court's own review for potential conflicts and allow the justices to recuse themselves earlier in the process, say attorneys at Weil.


How To Engage With Gov't's Direct-To-Consumer Drug Policy

The U.S. Department of Health and Human Services' recent request for industry input on manufacturers' direct-to-consumer drug sales reflects the government's caution in this arena, and allows stakeholders a rare opportunity to help shape policy, says Mary Kohler at Kohler Health Law.


Antitrust Crime Enforcement May Escalate Under New Chief

While the recent departure of the Justice Department’s Antitrust Division chief created uncertainty about enforcement priorities, the debut speech from the new acting division head revealed that companies can only expect the division’s focus on vigorous criminal prosecution and offender deterrence to grow, say attorneys at Sidley.


5 Takeaways From OCC's 'Appealing' Exam Challenge Revamp

The Office of the Comptroller of the Currency's recent proposed overhaul of its bank appeals framework introduces several attractive, high-level changes that OCC-supervised banks and their counsel should note, and may lead to an increase in successful exam challenges, says James Williams at Venable.


In Hain, Justices Increase Stakes For Jurisdictional Errors

The U.S. Supreme Court's decision in Hain Celestial Group v. Palmquist, addressing the consequences of a district court's erroneous dismissal of a nondiverse party before final judgment, has amplified the risk that a mistaken jurisdictional ruling in district court will render moot everything that comes after, says Steven Boranian at Reed Smith.


What The CFTC's Event Contracts Amicus Brief Is Missing

The U.S. Commodity Futures Trading Commission's recent amicus brief in the Ninth Circuit's North American Derivatives Exchange v. Nevada case declines to define the boundary between swaps and wagers, leaving market participants, exchanges and intermediaries operating within a regulatory framework whose boundaries remain undrawn, says Tamara de Silva at De Silva Law Offices.


Trial Advocacy Lessons From 3 Oscar-Nominated Films

Several films up for best picture at this weekend’s Academy Awards provide useful tips for trial lawyers, from the power of a dramatic opening to the importance of pivoting when the unexpected happens, say attorneys at Robins Kaplan.


Series

Podcasting Makes Me A Better Lawyer

Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.


Structuring Water Agreements For Data Center Development

For developers of artificial intelligence data centers, water use is now a threshold feasibility and financing variable amid a regulatory landscape with a state-driven push for transparency and federal push to streamline pathways for AI-related infrastructure, say attorneys at Pillsbury.


Patent Eligibility Bulletin: Steps To Consider As USPTO Shifts

Recent memoranda from the U.S. Patent and Trademark Office, along with some of the first patents issued under Director John Squires, indicate a recalibration of the subject matter eligibility landscape, signaling a renewed emphasis on concrete technological improvements and a potentially pro-AI stance, say attorneys at Banner Witcoff.


Justices' GEO Ruling Sets Gov't Contractor Immunity Limits

The U.S. Supreme Court's recent decision in GEO Group v. Menocal will affect virtually every case in which a government contractor faces liability because they can no longer routinely assert their immunity under the government contract and must instead make a showing on the merits, says Terry Collingsworth at International Rights Advocates.


AG Watch: Ohio Targets DEI Policies

As Ohio Attorney General Dave Yost seeks to eliminate diversity, equity and inclusion programs in both public education institutions and private companies, Ohio entities must carefully navigate this constantly evolving, highly contentious topic to avoid litigation while also not forfeiting their core principles, say attorneys at BakerHostetler.



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Special Series


My Hobby Makes Me A Better Lawyer

From quilting to clowning to raising miniature livestock, attorneys share how their unusual extracurricular activities enhance professional development.




Judges On AI

Do artificial intelligence tools have any practical judicial applications? In this Expert Analysis series, state and federal judges explore potential use cases for AI in adjudication and beyond.




Opinion


It's Time To Clarify California's Elder Abuse Act

As California's elderly population soars, the Golden State's high court and Legislature must provide needed clarification about the scope of the Elder Abuse Act, to resolve the inconsistencies and ambiguities that have impeded the law's ability to remedy elder abuse, neglect and abandonment, say attorneys at Horvitz & Levy.

Fed. Circ. Must Bury Design Patent Doctrinal Zombies

After recently finding noninfringement in Range of Motion Products v. Armaid, the Federal Circuit must rehear the case to confront two troublesome doctrines of design patent law claim construction — feature filtration and claim verbalization — that have lingered for decades and intensified in recent years, say attorneys at McAndrews Held.



Access to Justice Perspectives


DC Circ. Gag Order Rulings Reveal A Digital Privacy Paradox

A pair of rulings from the D.C. Circuit reveal a growing dilemma in digital privacy jurisprudence for investigative targets, technology companies and transparency advocates — even when courts set the bar higher for broad nondisclosure requests, the public may never be allowed to learn why orders get approved, say attorneys at RJO.