Expert Analysis

• How To Structure Protective Order AI Provisions In IP Disputes

  

  A survey of protective orders in recent intellectual property litigation reveals best practices for drafting provisions on artificial intelligence use that maximize IP protection while balancing enforceability with efficient discovery, say Matthew Stephens and Bryce Tabbut at MoFo.

• How Solar Fraud Case Affects Lender Oversight Of Dealers

  

  The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

• 5 Lessons For VC Investors From Del. IPO Ruling

  

  The Delaware Court of Chancery's recent dismissal of Rostov v. Alcon Research, a derivative action over a proposed initial public offering, provides multiple practice pointers for venture capital investors, including the importance of precisely worded corporate documents and pleading a coherent theory of corporate harm, says Ben Dubin at VC Expert Services.

• WWE Sanctions Ruling Pins Down Spoliation Lesson

  

  The Delaware Chancery Court’s recent verdict in favor of WWE investors may be the most carefully calibrated spoliation sanctions decision in recent memory, and it should reshape how counsel approach their motions — including in federal court, says Ricky Weingarten at Slarskey.

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  Being In A Band Made Me A Better Lawyer

  

  Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

• Notable Q2 Updates In Insurance Class Actions

  

  After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

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  Law School's Missed Lessons: Surviving A Long Trial

  

  Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

• What B. Riley Dismissal Teaches About Governance Litigation

  

  The same facts in litigation against B. Riley Financial produced three different outcomes in three courthouses, but the Court of Chancery's decision in Marchner v. B. Riley is the cleanest demonstration in years of why boards facing a government investigation often prepare for the wrong lawsuit, says Ashwin Ram at Buchalter.

• 5 IP Licensing Lessons From Fed. Circ. Asphalt Ruling

  

  The Federal Circuit's recent decision in A.L.M. v. Zydex, concerning infringement of asphalt-related patents, clarifies what licensing terms are considered sufficiently exclusionary for constitutional standing, and provides helpful guidance for ensuring the enforceability of patent rights, say attorneys at Sterne Kessler.

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  Going To Hardcore Shows Makes Me A Better Lawyer

  

  While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

• Opinion

  Birthright Citizenship Dissents Belie Originalist Interpretation

  

  The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

• Del. High Court Ruling Signals Next Post-Jarkesy Phase

  

  The Delaware Supreme Court recently ruled in Swan Energy v. Investor Protection Unit that the jury trial principles underlying the U.S. Supreme Court’s Jarkesy opinion do not compel the same result under the state's constitution, offering state courts a road map for the next phase of administrative enforcement litigation, says Benjamin Lajoie at Nelson Mullins.

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  Being A Sommelier Makes Me A Better Lawyer

  

  Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

• AI, Prediction Markets Lead Securities Developments In 2026

  

  Securities class actions tied to artificial intelligence and the battle over prediction market regulation both raise novel questions that courts are only beginning to address and that will continue to resonate throughout the second half of the year, say attorneys at Skadden.

• 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

  

  The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.