Expert Analysis

• Motorola Ruling Solidifies Discretionary Authority Of USPTO

  

  The Federal Circuit's latest ruling in In re: Motorola Solutions Inc. underscores the finality and discretionary nature of the finality of Patent Trial and Appeal Board institution decisions, and clarifies that neither interim guidance nor shifting administrative policy creates substantive rights for petitioners, say attorneys at Morgan Lewis.

• How Marsy's Law Has Been Applied In Unexpected Ways

  

  Since Marsy’s Law was first passed in California 17 years ago, 12 states have passed similar laws to protect crime victims’ rights, but recent developments show that it’s being applied in ways that its original proponents may never have anticipated — with implications for all legal practitioners, says Tom Jones at Berk Brettler.

• Series

  The Law Firm Merger Diaries: Making The Case To Combine

  

  When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.

• What To Know As Rulings Limit NLRB's Expanded Remedies

  

  Two recent appellate decisions strongly rebuke the National Labor Relations Board's expansion of remedies beyond reinstatement and back pay under Thryv, which compensated employees for all direct or foreseeable pecuniary harms, signaling increased judicial skepticism toward the board's broadened remedial authority, says Shay Billington at CDF Labor.

• Opinion

  Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar

  

  Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.

• Workers' Comp Ruling May Expand Ohio Employer Liability

  

  The Ohio Supreme Court's recent decision in State ex rel. Berry v. Industrial Commission marks a shift in Ohio workers' compensation law by reducing judicial deference to the Industrial Commission's interpretations of the state's specific safety requirements and potentially expanding employer exposure, say attorneys at Benesch.

• 10th Circ. Debtor Ruling May Expand Wire Fraud Law Scope

  

  The Tenth Circuit’s recent U.S. v. Baker decision, holding that federal fraud law can reach deceptive schemes designed to prevent a creditor from collecting on a debt, may represent an expansive new theory of wire fraud — even as the ruling reaffirmed the requirements of the interstate commerce element, say attorneys at ArentFox Schiff.

• 8th Circ. Decision Shipwrecks IRS On Shoals Of Loper Bright

  

  The Eighth Circuit’s recent decision invalidating transfer pricing regulations in 3M Co. v. Commissioner may be the most significant tax case implementing Loper Bright's rejection of agency deference as a judicial tool in statutory construction, says Edward Froelich at McDermott.

• Rule Amendments Pave Path For A Privilege Claim 'Offensive'

  

  Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.

• Series

  My Miniature Livestock Farm Makes Me A Better Lawyer

  

  Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.

• Justices' Ruling Will Ease Foreign Arbitral Award Enforcement

  

  The U.S. Supreme Court's recent decision in Fuld v. Palestine Liberation Organization suggests that U.S. courts can constitutionally decide whether to recognize and enforce foreign arbitral awards in accordance with U.S. treaty obligations, regardless of the award debtor's connections to the U.S., says David Cinotti at Pashman Stein.

• Litigation Funding Could Create Ethics Issues For Attorneys

  

  A litigation investor’s recent complaint claiming a New York mass torts lawyer effectively ran a Ponzi scheme illustrates how litigation funding arrangements can subject attorneys to legal ethics dilemmas and potential liability, so engagement letters must have very clear terms, says Matthew Feinberg at Goldberg Segalla.

• How To Prepare If Justices Curb Gov't Contractor Immunity

  

  Given the very real possibility that the U.S. Supreme Court will determine in GEO v. Menocal that government contractors do not have collateral immunity, contractors should prepare by building the costs of potential litigation, from discovery through trial, into their contracts and considering other pathways to interlocutory appeals, says Lisa Himes at Rogers Joseph.

• What To Mull After 9th Circ. Ruling On NLRB Constitutionality

  

  The Ninth Circuit recently rejected three constitutional attacks on the National Labor Relations Board in NLRB v. North Mountain Foothills Apartments, leaving open a debate about what remedies the NLRB can award employees and creating a circuit split that could foretell a U.S. Supreme Court resolution, say attorneys at Proskauer.

• Class Actions At The Circuit Courts: November Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings and identifies practice tips from cases involving claims related to oil and gas royalty payments, consumer fraud, life insurance, automobile insurance, and securities violations.