Expert Analysis

• Reviewing 2025's Artificial Intelligence Disputes Over IP

  

  2025 brought the first major fair use rulings involving generative artificial intelligence, and in 2026 courts will weigh in on more discovery disputes, renewed motions to dismiss, class certification challenges and fair use defenses that could shape the course of future AI litigation, say attorneys at Debevoise.

• Trending At The PTAB: The Journey Of IPR Institution In 2025

  

  Over the course of 2025, inter partes review institution at the Patent Trial and Appeal Board evolved into a more restrictive, policy-driven regime with reshaped discretionary briefing and assessment, and increasing procedural requirements, say attorneys at Finnegan.

• 4 Developments That Defined The 2025 Ethics Landscape

  

  The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.

• 5 Trade Secret Developments To Follow In 2026

  

  Watch for major developments in trade secret law this year, especially as courts clarify the reach of U.S. law internationally, the availability of trade secret damages and more, say attorneys at Faegre Drinker.

• Navigating AI In The Legal Industry

  

  As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.

• Opinion

  Judges Carry Onus To Screen Expert Opinions Before Juries

  

  Recent Second Circuit arguments in Acetaminophen Products Liability Litigation implied a low bar for judicial gatekeeping of expert testimony, but under amended Rule 702 of the Federal Rules of Evidence, judges must rigorously scrutinize expert opinions before allowing them to reach juries, says Lee Mickus at Evans Fears.

• Labubu Highlights Evolving IP Strategies In Modern Markets

  

  Pop Mart's decision not to pursue U.S. patents for its Labubu plush dolls — relying instead on expressive rights — is rational given the nature of the product and the velocity of the market, and also underscores broader structural issues that may hold the U.S. patent system from keeping pace with modern markets, says Tina Dorr at Barnes & Thornburg.

• How Fractional GCs Can Manage Risks Of Engagement

  

  As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.

• Opinion

  Justices Should Clarify Loper Bright Doctrine Via Patent Case

  

  The U.S. Supreme Court should use the Lynk Labs v. Samsung patent case to provide urgently needed guidance on how last year’s Loper Bright decision should be applied to real-world questions of agency authority in the post-Chevron world, says Timothy Hsieh at Oklahoma City University School of Law.

• 7 Strategies To Optimize Impact Of Direct Examination

  

  Direct examination is a make-or-break opportunity to build a witness’s credibility, so attorneys should adopt a few tactics — from asking so-called trust-fall questions to preemptively addressing weaknesses — to drive impact and retention with the fact-finder, says Allison Rocker at Baker McKenzie.

• Series

  Nature Photography Makes Me A Better Lawyer

  

  Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.

• Series

  Law School's Missed Lessons: Practical Problem Solving

  

  Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.

• Intellectual Property Challenges In AI-Driven Drug Discovery

  

  Given the adoption of artificial intelligence-based drug discovery platforms and the U.S. Patent and Trademark Office's recent guidance on determining inventorship in AI-assisted inventions, practitioners must consider unprecedented questions regarding inventorship, patentability standards and infringement liability, says Paul Calvo at Sterne Kessler.

• Software Patents May Face New Eligibility Scrutiny

  

  November guidance from the U.S. Patent and Trademark Office, along with recent litigation trends from the Federal Circuit, may encourage new challenges in the USPTO and district courts to artificial intelligence and software patents that rely on generic computing functions without concrete details, say attorneys at Venable.

• Opinion

  A Uniform Federal Rule Would Curb Gen AI Missteps In Court

  

  To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.