Expert Analysis

• Product-Or-Content Question Is Pivotal In AI Litigation

  

  A growing range of civil cases against OpenAI address the question of whether the output of a generative artificial intelligence system is a product, subject to traditional tort doctrine, or third-party content — and the framing courts adopt will shape software liability well beyond AI, says David Meldofsky at Lawsuit Informer.

• Citron Founder Verdict Tests Reach Of 'Half-Truth' Fraud

  

  A California federal jury's conviction this week of Citron founder Andrew Left may be remembered less as a conventional manipulation prosecution than as a case about how far the "half-truth" doctrine can reach when applied to modern market speech, says Elisha Kobre at Sheppard.

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  Competing At Poker Makes Me A Better Lawyer

  

  Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

• Why IPR Slowdown Has Not Led To More Patent Litigation

  

  Despite sustained strength in patent application filings and a decline in inter partes review and post-grant review, 2026 has not seen the anticipated surge in patent litigation in district courts and at the U.S. International Trade Commission, potentially due to four reasons, say attorneys at Sterne Kessler.

• Revisiting TransUnion's Underused Standing Rule, 5 Years On

  

  The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

• 5 Things Associates Must Ask About Their Firm's Merger Plan

  

  The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

• Turning To The Courts When PBM Reform Falls Short

  

  The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

• 2 'Rocket Dockets' And The Rules That Propel Them

  

  The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

• Retailer Risk Reduction Tips As Email Marketing Suits Surge

  

  Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

• NY's Tax On 2nd Homes Compounds Residency Tax Risks

  

  New York’s recently enacted surcharge on high-value second homes reflects a nationwide legislative trend of using the residency tax framework more aggressively, which brings new considerations for business owners who maintain a residence while asserting domicile elsewhere, says Mark Parthemer at Glenmede.

• Calif. Ruling Lowers Bar For Health Data Breach Claims

  

  The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

• Your Next Litigation Hold Should Cover AI Chat Logs

  

  The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

• Musk-OpenAI Verdict Shows Value Of Early-Stage Governance

  

  A California federal court's ruling last week in Musk v. Altman preserves the status quo at OpenAI, but signals to the technology industry at large that courts will not relitigate the governance decisions of early-stage organizations on a founder's competitive timetable, surfacing questions that will outlast the litigation, says attorney Alan N. Walter.

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  Studying Foreign Languages Makes Me A Better Lawyer

  

  Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

• 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

  

  The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.