Expert Analysis

• How Fractional GCs Can Manage Risks Of Engagement

  

  As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.

• Health, Legal Employers Face Unique Online Speech Hurdles

  

  Employers in the legal and healthcare industries must consider distinctive ethical obligations and professional requirements when disciplining employees for social media posts, while anticipating an area of the law in flux as courts seek to balance speech rights and the workplace function, say attorneys at FordHarrison.

• Opinion

  Justices Should Clarify Loper Bright Doctrine Via Patent Case

  

  The U.S. Supreme Court should use the Lynk Labs v. Samsung patent case to provide urgently needed guidance on how last year’s Loper Bright decision should be applied to real-world questions of agency authority in the post-Chevron world, says Timothy Hsieh at Oklahoma City University School of Law.

• 3 Notable Developments In Ch. 15 Bankruptcy This Year

  

  Several notable Bankruptcy Code Chapter 15 decisions from 2025 warrant review, including rulings that clarified the framework of Chapter 15 surrounding nonparty releases, reinforced the principles of a debtor's center of main interest in the face of extensive mass tort litigation, and reviewed synthetic cross-border proceedings, say attorneys at Troutman.

• Reviewing 2025's Most Pertinent Wiretap Developments

  

  2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.

• Series

  Nature Photography Makes Me A Better Lawyer

  

  Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.

• Series

  Law School's Missed Lessons: Practical Problem Solving

  

  Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.

• Software Patents May Face New Eligibility Scrutiny

  

  November guidance from the U.S. Patent and Trademark Office, along with recent litigation trends from the Federal Circuit, may encourage new challenges in the USPTO and district courts to artificial intelligence and software patents that rely on generic computing functions without concrete details, say attorneys at Venable.

• Contract Disputes Recap: Delay, Plain Text, Sovereign Acts

  

  Three recent decisions addressing familiar pressure points show that even well-worn doctrines evolve, and both contractors and the government should reexamine their assumptions, says Zachary Jacobson at Seyfarth.

• Opinion

  A Uniform Federal Rule Would Curb Gen AI Missteps In Court

  

  To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.

• 9th Circ. Ruling Clarifies Auditor Liability For IPO Errors

  

  The Ninth Circuit's recent decision in Hunt v. PricewaterhouseCoopers elucidates the legal standard for claims against auditors in connection with a company's initial public offering, confirming that audit opinions are subjective and becoming the first circuit to review this precise question since the U.S. Supreme Court's 2015 Omnicare ruling, say attorneys at Morgan Lewis.

• 10th Circ. Dissent May Light Path For Master Account Access

  

  While the Tenth Circuit's majority in Custodia Bank v. Federal Reserve Board recently affirmed Federal Reserve banks' control over master account access, the dissent raised constitutional questions that could support banks seeking master accounts in future litigation, say attorneys at Paul Hastings.

• 3 Defense Strategies For Sporadically Prosecuted Conduct

  

  Not to be confused with selective prosecutions, sporadic prosecutions — charging someone for conduct many others do without consequences — can be challenging to defend, but focusing on materiality, prosecutorial motivations and public opinion can be a winning strategy, says Jonathan Porter at Husch Blackwell.

• Series

  The Law Firm Merger Diaries: Integrating Practice Groups

  

  Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.

• Patent Disclaimers Ruling Offers Restriction Practice Insights

  

  The Federal Circuit's recent decision in Focus Products v. Kartri confirms that prosecution disclaimers can extend to examiner-defined species in restriction practice, making it important for patent practitioners to manage restriction requirement responses carefully to avoid unintended claim scope limitations, say attorneys at BCLP.