Expert Analysis

• Eveready Vs. Squirt: How Trademark Surveys Fare In 9th Circ.

  

  An analysis of how two consumer surveys for measuring confusion in trademark disputes perform in the Ninth Circuit across pivotal points in trademark cases' progression reveals insights not only on how the two formats stack up against each other, but also how to maximize a survey's effectiveness, say attorneys at Dorsey.

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  The Biz Court Digest: Welcome To Miami

  

  After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

• Identifying And Resolving Conflicts Among Class Members

  

  As the Fifth Circuit's recent decision in Nova Scotia Health Employees' Pension Plan v. McDermott International illustrates, intraclass conflicts can determine the fate of a class action — and such conflicts can be surprisingly difficult to identify, says Andrew Faisman, a clerk at the U.S. District Court for the Southern District of New York.

• 6 Ways To Nuke-Proof Litigation As Explosive Verdicts Rise

  

  As the increasing number of nuclear verdicts continues to reshape the litigation landscape, counsel must understand how to create a multipronged defense strategy to anticipate juror expectations and mitigate the risk of outsize jury awards, say attorneys at Norton Rose.

• What Law Firm Liability Risks In 2025 Signal For Year To Come

  

  Trends and statistics reveal that law firms of all sizes and practice areas remained attractive litigation targets this year, so firms must take concrete steps to avoid professional liability risks in the year to come, say Douglas Richmond and Andrew Ricke at Lockton Companies.

• Adapting To A Plaintiff-Side Mindset For Patent Monetization

  

  A recent decrease in risk for patent owners at the U.S. Patent and Trademark Office, combined with increased corporate interest in monetizing patent assets, creates an attractive case for evaluating patents from a plaintiff-side mindset, but in-house counsel transitioning from a defense-side mindset to a plaintiff-side mindset should study certain considerations, says Kate Tellez at Steptoe.

• AI Evidence Rule Tweaks Encourage Judicial Guardrails

  

  Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

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  The Law Firm Merger Diaries: Getting The Message Across

  

  Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

• Opinion

  Horizontal Stare Decisis Should Not Be Casually Discarded

  

  Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

• Grounding Netflix's 'Death By Lightning' In Patent History

  

  In Netflix’s "Death by Lightning," U.S. President James Garfield's assassin declares that patent lawyers lack original ideas, but real-life 19th-century patent attorney-inventors were key to technological progress and the success of the American patent system, say Tasha Gerasimow at Kirkland & Ellis and David Gerasimow at Gerasimow Law.

• How Fed. Circ. Shaped Subject Matter Eligibility In 2025

  

  The Federal Circuit's most impactful patent eligibility decisions this year, touching on questions about obviousness and abstractness, provide a toolbox of takeaways that can be utilized during patent preparation and prosecution to guard against potential challenges, says Reilley Keane at Banner Witcoff.

• 10 Commandments For Agentic AI Tools In The Legal Industry

  

  Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.

• Fed. Circ. In Oct.: Spotlight On Wording Beyond Patent Claims

  

  The Federal Circuit's recent decision in Barrette Outdoor Living v. Fortress Iron provides useful guidance on how patent prosecutors should avoid language that triggers specification disclaimer and prosecution disclaimer, doctrines that may be used to narrow the scope of patent infringement claims, say attorneys at Knobbe Martens.

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  Preaching Makes Me A Better Lawyer

  

  Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.

• How Large Patent Damages Awards Actually Play Out

  

  Most large verdicts in patent infringement cases are often overturned or reduced on appeal, implying that the Federal Circuit is serving its intended purpose of correcting outlier outcomes, and that the figures that catch headlines and dominate policy debates may misrepresent economic realities, says Bowman Heiden at Berkeley School of Law.