Questions To Ask Inventors Before Drafting AI Patents

Practitioners should use interview questions tailored to help inventors articulate the patentable aspects of their artificial intelligence and machine learning innovations, as this can elicit information needed for a patent application to forestall indefiniteness, abstract-idea and enablement challenges, say attorneys at Marshall Gerstein.

ITC Ruling Highlights Conflicts Hurdles For Law Firms

As supply chains become more interconnected, a recent U.S. International Trade Commission order — disqualifying a complainant's law firm for concurrently representing a third-party supplier relevant to the case — underscores the reality that conflicts may increasingly lurk within the building blocks of devices, says Matt Rizzolo at Ropes & Gray.

Revisiting Jury Trial Right May Upend State Regulatory Power

Justice Neil Gorsuch’s recent use of a denial of certiorari to call for the U.S. Supreme Court to revisit whether the Seventh Amendment jury trial right extends to states, building off last year's Jarkesy ruling, could foretell a profound change in state regulators' ability to enforce penalties against regulated companies, say attorneys at Sidley.

Series

Building With Lego Makes Me A Better Lawyer

Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.

The Rise Of Trade Secret Specificity As A Jury Question

Recent federal appellate court decisions have clarified that determining sufficient particularity under the Defend Trade Secrets Act is a question of fact and will likely become a standard jury question, highlighting the need for appropriate jury instructions that explicitly address the issue, says Amy Candido at Simpson Thacher.

Series

Law School's Missed Lessons: Networking 101

Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.

Defeating Estoppel-Based Claims In Legal Malpractice Actions

State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.

Trade Secret Rulings Reveal The Cost Of Poor Preparation

Two recent federal appellate decisions show that companies must be prepared to prove their trade secrets with specificity, highlighting how an asset management program that identifies key confidential information before litigation arises can provide the clarity and documentation that courts increasingly require, say attorneys at Mintz.

Series

The Biz Court Digest: How It Works In Massachusetts

Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.

Weighing Risks Of Ambush Marketing Around Sports Events

American brands tempted to insert themselves into conversations around the 2026 World Cup and 2028 Olympic Games, but without the coveted sponsorship, should consider the legal hazards and minimize the risks by avoiding elements that imply an unauthorized commercial association with FIFA or the International Olympic Committee, say attorneys at Debevoise.

Why Appellees Should Write Their Answering Brief First

Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.

Series

Mindfulness Meditation Makes Me A Better Lawyer

Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.

Growth, Harmonization In Focus As Hague System Turns 100

One hundred years after its establishment, the Hague System has grown into an important pillar of international design protection, offering a promising path toward even greater harmonization in design law as its geographic reach continues to expand, say attorneys at Sterne Kessler.

AI Litigation Tools Can Enhance Case Assessment, Strategy

Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.

New IPR Rules Will Require A Patent Litigation Strategy Shift

The U.S. Patent and Trademark Office recently transformed the way it considers petitions for inter partes review, in a move that swings the pendulum in favor of patent owners, making it important for litigants to reassess the role of IPRs in their litigation strategy, say attorneys at Thompson Hine.