Expert Analysis

• Recent Trade Secret Cases Show Sentencing Disparities

  

  Sentencing disparities in U.S. trade secret cases have surfaced in recent years, and legal practitioners should know that courts have found that the intended loss does not necessarily equal the cost of development of stolen trade secrets or the defendant's intended gain from misappropriation, says Steven Lee at Lewis Brisbois.

• Beware Arbitration Clauses That May Bar Inter Partes Review

  

  Recent decisions show that the Federal Circuit and district courts are moving toward recognizing that standard arbitration clauses can bar inter partes review at the Patent Trial and Appeal Board, a new landscape that will require careful consideration for parties negotiating patent-related contracts, say attorneys at Ropes & Gray.

• How To Avoid Construction Lien Traps In Bankruptcy Filings

  

  The Ninth Circuit Bankruptcy Appellate Panel’s decision in 450 S. Western Ave. serves as a cautionary tale on the risks of a contractor agreeing not to foreclose a lien in exchange for the owner agreeing not to challenge the validity of the lien in bankruptcy filings, and highlights how contractors can protect their liens, says Blake Robinson at Davis Wright.

• Opinion

  Now's The Time To Address Archaic Law School Curricula

  

  With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

• High Court's Tribal Ruling May Enable More Gambling In Texas

  

  The U.S. Supreme Court's recent ruling in Texas v. Ysleta, finding that Texas cannot regulate a tribe's electronic bingo, paves the way for Native American tribes in Texas to upscale their gaming operations, say attorneys at McGuireWoods.

• Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

  

  The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

• LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

  

  A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

• Circuits' Remand Of State Climate Suits May Mean Big Liability

  

  Federal circuit courts across the nation have recently affirmed that state and local governments can sue energy companies in state courts over harms attributed to climate change — and if the U.S. Supreme Court does not step in, the energy sector could soon face a deluge of liability claims, says Todd Thacker at Goldberg Segalla.

• 9th Circ. Ruling Offers Guidance On Automatic Stay Violations

  

  The Ninth Circuit Bankruptcy Appellate Panel’s opinion in Censo v. Newrez clarifies the nebulous standard for automatic stay violations, and provides useful guidance for practitioners to consider in determining whether a creditor's defensive action taken in pending litigation counts as a violation, say Keith Owens and Zach Williams at Fox Rothschild.

• 8 Steps To Creating A Legal Ops Technology Road Map

  

  Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

• 2 Years Since Liu, Disgorgement Case Law Is Favoring SEC

  

  In the two years since the U.S. Supreme Court’s decision in Liu v. the U.S. Securities and Exchange Commission, circuit courts have weighed in to answer the decision's open questions, and recent cases suggest that courts are unwilling to disrupt disgorgement orders, even where the awards would not survive Liu scrutiny, say attorneys at Ropes & Gray.

• Justices' PAGA Ruling May Be Employer Win — With Caveats

  

  The U.S. Supreme Court’s recent decision in Viking River Cruises v. Moriana, holding that federal law partially preempts California's Private Attorneys General Act, may help employers send individual claims to arbitration, but key questions remain regarding statutory standing and the potential impact of another state law, says Joshua Henderson at Norton Rose.

• The Importance Of Data And Data Analysis In Litigation

  

  Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

• Vet Clinic FTC Settlement Puts Private Equity On Notice

  

  Prior approval and prior notice requirements in the Federal Trade Commission's settlement for a $1.1 billion merger of veterinary clinics illustrate the majority-Democratic commission's skepticism over private equity's general business model, say Bruce Sokler and Tinny Song at Mintz.

• Lingering Questions After 9th Circ.'s Delta-8 TM Ruling

  

  The Ninth Circuit’s recent holding in AK Futures v. Boyd Street that Delta-8 THC is legal should theoretically lead to the issuance of federal registration for marks covering such products, but key questions remain on intellectual property rights, congressional priorities, regulators’ stance and state law, say attorneys at Goodwin.