Expert Analysis

• How Specificity, Self-Dealing Are Shaping ERISA Litigation

  

  Several recent cases, including the U.S. Supreme Court's forthcoming ruling in Anderson v. Intel, illustrate the competing forces shaping excessive fee litigation, with plaintiffs seeking flexibility, courts demanding specificity, fiduciaries facing increased scrutiny for conflicts of interest, and self-dealing amplifying exposure, says James Beall at Willig Williams.

• Contract Disputes Recap: Terminations Galore

  

  Three recent decisions from the Federal Circuit and the Civilian Board of Contract Appeals provide valuable insights about sticking to a contract's plain language, navigating breach of contract claims, and jurisdictional limits on reinstatement of a canceled contract, say attorneys at Seyfarth.

• Opinion

  Minn. Can Still Bring State Charges In Absence Of Fed Action

  

  After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.

• State Of Insurance: Q4 Notes From Illinois

  

  In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.

• How 2 Tech Statutes Are Being Applied To Agentic AI

  

  The application of the Computer Fraud and Abuse Act and the California Invasion of Privacy Act to agentic artificial intelligence is still developing, but recent case law, like Amazon's lawsuit against Perplexity in California federal court, provides some initial guidance for companies developing or deploying these technologies, say attorneys at Weil.

• Defense Strategy Takeaways From Recent TCPA Class Actions

  

  Although recent Telephone Consumer Protection Act decisions do not establish any bright-line tests for defeating predominance based on an argument that class members provided consent for the calls, certain trends have emerged that should inform defense strategies at class certification, say attorneys at Womble Bond.

• NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

  

  Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

• Series

  The Biz Court Digest: Dispatches From Utah's Newest Court

  

  While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

• 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

  

  Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

• 2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction

  

  The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.

• 3 Key Ohio Financial Services Developments From 2025

  

  Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.

• Patent Eligibility Faces Widening Gap Between USPTO, Courts

  

  The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.

• Navigating Trade Secret Exceptions In Noncompete Bans

  

  Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.

• Series

  Playing Tennis Makes Me A Better Lawyer

  

  An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

• False Ad Suit Shows Need For Clear, Conspicuous Disclosure

  

  The Eleventh Circuit's recent false advertising decision in Federal Trade Commission v. Corpay reiterated the FTC's guidance imploring advertisers to ensure that any disclosures are clear and conspicuous to consumers, providing companies with numerous lessons about truthful advertising and highlighting some common disclosure pitfalls to avoid, says Michael Justus at Carlton Fields.