Expert Analysis

• Trending At The PTAB: Petitioners' Settled Expectations

  

  Recent Patent Trial and Appeal Board decisions show that the U.S. Patent and Trademark Office's new "settled expectations" factor is no longer the exclusive domain of patent owners and can also provide petitioners with viable pathways to argue against discretionary denial, say attorneys at Finnegan.

• 9th Circ. Ruling May Help Pharma Cos. Avert Investor Claims

  

  The Ninth Circuit's recent decision affirming the dismissal of a securities fraud class action alleging that Talphera deceived investors by marketing a drug with a misleading slogan should give plaintiffs pause before filing similar complaints where snappy slogans are accompanied by copious clarifying information, say attorneys at Simpson Thacher.

• What Ethics Rules Say On Atty Discipline For Online Speech

  

  Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.

• Junior Attys Must Beware Of 5 Common Legal Brief Mistakes

  Excerpt from Practical Guidance

  

  Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.

• Opinion

  State AGs, Not Local Officials, Should Lead Public Litigation

  

  Local governments’ public nuisance lawsuits can raise constitutional and jurisdictional challenges, reinforcing the principle that state attorneys general — not municipalities — are best positioned to litigate on behalf of citizens when it is warranted, says former Utah Attorney General John Swallow.

• 3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue

  

  A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.

• Texas Suit Marks Renewed Focus On Service Kickback Theory

  

  After a dormant period at the federal level, a theory of kickback enforcement surrounding nurse educator programs and patient support services resurfaced with a recent state court complaint filed by Texas against Eli Lilly, highlighting for drugmakers the ever-changing nature of enforcement priorities and industry landscapes, say attorneys at Sheppard Mullin.

• Series

  Power To The Paralegals: How And Why Training Must Evolve

  

  Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

• Series

  Playing Softball Makes Me A Better Lawyer

  

  My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.

• 5 Years In, COVID-19 Fraud Enforcement Landscape Is Shifting

  

  As the government moves pandemic fraud enforcement from small-dollar individual prosecutions to high-value corporate cases, and billions of dollars remain unaccounted for, companies and defense attorneys must take steps now to prepare for the next five years of scrutiny, says attorney David Tarras.

• Fed. Circ. In August: A Framework For AIA Derivation Disputes

  

  In Global Health Solutions v. Selner, the Federal Circuit established how to assess derivation challenges under the America Invents Act's first-to-file system, making it easier for petitioners to determine a challenge's odds of success, say attorneys at Knobbe Martens.

• USPTO's Track One A Reliable Patent Pathway Amid Backlog

  

  As the U.S. Patent and Trademark Office faces a backlog of unexamined utility, plant and reissue patent applications, patent applicants should consider utilizing the USPTO's Track One Program, which not only expedites the process but also increases the likelihood of working with more senior examiners, says Ryan Schermerhorn at Marshall Gerstein.

• Vanda Ruling Opens Door For Contesting FDA Drug Denials

  

  The D.C. Circuit's recent decision in Vanda Pharmaceuticals v. U.S. Food and Drug Administration creates new opportunities and considerations for drug companies navigating the FDA approval process, establishing that litigation is an option when the FDA refuses to hold a hearing, say attorneys at Polsinelli.

• Series

  Law School's Missed Lessons: Mastering Time Management

  

  Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.

• Rare Del. Oversight Ruling Sends Governance Wake-Up Call

  

  An unusual ruling from the Delaware Court of Chancery recently allowed Caremark oversight claims to proceed against former executives of a company previously known as Teligent, sending a clear reminder that boards and officers must actively monitor and document oversight efforts when addressing mission-critical risks, say attorneys at WilmerHale.