Expert Analysis

• Opinion

  Bar Exam Reform Must Expand Beyond A Single Updated Test

  

  Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.

• The Patent Eligibility Eras Tour: 11 Years Of Post-Alice Tumult

  

  A survey of recent twists and turns in patent eligibility law highlights the confusion created by the U.S. Supreme Court's 2014 Alice decision and reveals that the continually shifting standards have begun to diverge in fundamental ways between the Federal Circuit and the U.S. Patent and Trademark Office, says Michael Shepherd at Fish & Richardson.

• Export Misconduct Resolutions Emphasize BIS, DOJ Priorities

  

  The U.S. Department of Justice's and Bureau of Industry and Security's recently resolved parallel enforcement actions against semiconductor technology company Cadence Design demonstrate the agencies' prioritization of penalties for export control violations involving China, as well as the importance of voluntary self-disclosure, say attorneys at Fenwick.

• Disney Art Suit Will Test Recent AI Fair Use Boundaries

  

  While the first U.S. rulings to address the issue recently held that it's fair use for generative artificial intelligence models to train on certain copyrighted books without permission, Disney v. Midjourney, filed in June, will test the limits of the fair use framework in a visual art context, says Rob Rosenberg at Moses & Singer.

• A Simple Way Courts Can Help Attys Avoid AI Hallucinations

  

  As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.

• Tracking The Evolving Legal Landscape Of Music Festivals

  

  The legal infrastructure behind music festivals is anything but simple, so attorneys advising clients in this space should be prepared for a wide range of legal challenges, including the unexpected risks that come with live events, says Meesha Moulton at Meesha Moulton Law.

• USPTO Ex Parte Reexamination Could Become More Popular

  

  As inter partes review becomes less effective for challenging patent validity due to recent changes at the U.S. Patent and Trademark Office, ex parte reexamination may provide a viable alternative, with significant cost savings, anonymity and procedural advantages, says Stephen Ball at Husch Blackwell.

• Series

  Creating Botanical Art Makes Me A Better Lawyer

  

  Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.

• Reddit v. Anthropic Is A Defining Moment In The AI Data Race

  

  The recent lawsuit filed by Reddit against Anthropic in California state court marks a pivotal moment in the burgeoning field of artificial intelligence by sidestepping a typical copyright dispute, focusing instead on the enforceability of online terms of service and ownership of the digital commons, says William Galkin at Galkin Law.

• Opinion

  The Legal Education Status Quo Is No Longer Tenable

  

  As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

• Opinion

  Calif. Must Amend Trade Secret Civil Procedure

  

  A California procedural law that effectively shields trade secret defendants from having to return company materials until the plaintiff can craft detailed requests must be amended to recognize that property recovery and trade secret analysis are distinct issues, says Matthew Miller at Hanson Bridgett.

• 2nd Circ. Reinforces Consensus On Vacating Foreign Awards

  

  In Molecular Dynamics v. Spectrum Dynamics Medical, the Second Circuit recently affirmed that federal district courts do not possess subject matter jurisdiction to vacate foreign arbitral awards, strengthening this consensus across the circuits most active in recognition and enforcement actions, says Ed Mullins at Reed Smith.

• E-Discovery Quarterly: Rulings On Relevance Redactions

  

  In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

• Opinion

  Section 1983 Has Promise After End Of Nationwide Injunctions

  

  After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.

• Patent Ambiguity Persists After Justices Nix Eligibility Appeal

  

  The Supreme Court recently declined to revisit the contentious framework governing patent eligibility by denying certiorari in Audio Evolution Diagnostics v. U.S., suggesting a necessary recalibration of both patent application and litigation strategies, say attorneys at Skadden.