Opinion

CFIUS Must Adapt To Current Foreign Investment Realties

To continue protecting the U.S.’ long-term strategic and economic interests, the Committee on Foreign Investment in the United States should implement practical enhancements that leverage technology, expertise and clear communication, and enable it to keep pace with evolving demands, says attorney Sohan Dasgupta.

Utah's AI Prescription Renewal Pilot Could Inform Policy

Utah recently became the first state to approve an artificial intelligence system for autonomously renewing certain prescription medicines, providing a test case for how regulators may be able to draw boundaries between administrative automation and medical judgment, say Jashaswi Ghosh at Holon Law Partners and Bryant Godfrey at Foley Hoag.

Ramped Up Psychedelic Production Carries Opportunity, Risk

Kimberly Chew at Husch Blackwell discusses the key legal implications of the U.S. Drug Enforcement Administration's recent dramatic increases in the production quotas for a range of psychedelic substances, offering guidance on compliance, risk management and strategic opportunities for practitioners navigating this rapidly evolving landscape.

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Teaching Logic Makes Me A Better Lawyer

Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

New Biotech Nat'l Security Controls May Have Blunted Impact

While the newly enacted federal prohibition against contracting with certain biotechnology providers associated with countries of concern may have consequences on U.S. companies' ability to develop drugs, the restrictions may prove to be less problematic for the industry than the significant publicity around their passage would suggest, say attorneys at Wilson Sonsini.

From IPR To EPR: The Rapid Rise Of Ex Parte Reexamination

With the current administration's dramatic shifts in policy rendering inter partes reviews essentially unavailable for the majority of patents being asserted in litigation, IPR filing rates have plunged, and ex parte reexamination requests have surged to the average rate of IPR petitions in 2024, say attorneys at McKool Smith.

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Law School's Missed Lessons: Practicing Resilience

Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

Takeaways From The DOJ Fraud Section's 2025 Year In Review

Former acting Principal Deputy Chief Sean Tonolli of the U.S. Department of Justice's Fraud Section, now at Cahill Gordon, analyzes key findings from the section’s annual report — including the changes implemented to adapt to the new administration’s priorities — and lays out what to watch for this year.

Upshot Of 'Skinny Label' Case May Go Beyond Pharma

The U.S. Supreme Court's pending review of Hikma v. Amarin, over a drugmaker's "skinny label," carries implications for both generics and brand-name pharmaceutical manufacturers, and could shed light on how inducement doctrine should operate in other regulated industries where products have substantial lawful uses, says Jason Shull at Banner Witcoff.

Assessing Factors Behind Biosimilar Uptake And Competition

As biosimilar uptake remains uneven and questions linger over whether the Biologics Price Competition and Innovation Act can deliver robust competition between biologics and biosimilars, a case study of Humira and its biosimilars illustrates how many factors, including payor reimbursement and formulary strategy, collectively shape competitive dynamics, say analysts at Analysis Group.

Traditional FCA Enforcement Surges Amid Shifting Priorities

The U.S. Department of Justice’s January report on False Claims Act enforcement in fiscal year 2025 reveals that while the administration signaled its intent to expand FCA enforcement into new areas such as tariffs, for now the greatest exposure remains in traditional areas like healthcare — in which the risk is growing, say attorneys at Debevoise.

NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

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The Biz Court Digest: Dispatches From Utah's Newest Court

While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

Checking In On Biologics-Related Patent Review Trends

Comprehensive analysis of Patent Trial and Appeal Board data since the PTAB's creation indicates that while inter partes review and post-grant review are potent weapons for challenging biologics-related patents, recent policy changes may reduce their effectiveness, say attorneys at Steptoe.

4 Quick Emotional Resets For Lawyers With Conflict Fatigue

Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.