Riding The Changing Winds For AI Innovations At The USPTO

As recent U.S. Patent and Trademark Office moves reshape how artificial intelligence inventions will be examined and put them on firmer eligibility footing, practitioners need to consider how this shift is both an opportunity and a challenge, say Ryan Phelan at Marshall Gerstein and attorney Mark Campagna.

Series

The Law Firm Merger Diaries: Integrating Practice Groups

Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.

Opinion

Supreme Court Term Limits Would Carry Hidden Risk

While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

Next Steps For Orgs. Amid Updated OpenAI Usage Policies

OpenAI's updates to its usage policies, clarifying that its tools are not substitutes for professional medical, legal or other regulated advice, sends a clear signal that organizations should mirror this clarity in their governance policies to mitigate compliance and liability exposure, say attorneys at Baker Donelson.

Series

Knitting Makes Me A Better Lawyer

Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.

How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation

On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.

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The Biz Court Digest: Welcome To Miami

After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

Identifying And Resolving Conflicts Among Class Members

As the Fifth Circuit's recent decision in Nova Scotia Health Employees' Pension Plan v. McDermott International illustrates, intraclass conflicts can determine the fate of a class action — and such conflicts can be surprisingly difficult to identify, says Andrew Faisman, a clerk at the U.S. District Court for the Southern District of New York.

Adapting To A Plaintiff-Side Mindset For Patent Monetization

A recent decrease in risk for patent owners at the U.S. Patent and Trademark Office, combined with increased corporate interest in monetizing patent assets, creates an attractive case for evaluating patents from a plaintiff-side mindset, but in-house counsel transitioning from a defense-side mindset to a plaintiff-side mindset should study certain considerations, says Kate Tellez at Steptoe.

AI Evidence Rule Tweaks Encourage Judicial Guardrails

Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

Series

The Law Firm Merger Diaries: Getting The Message Across

Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

Opinion

Horizontal Stare Decisis Should Not Be Casually Discarded

Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

10 Commandments For Agentic AI Tools In The Legal Industry

Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.

Fed. Circ. In Oct.: Spotlight On Wording Beyond Patent Claims

The Federal Circuit's recent decision in Barrette Outdoor Living v. Fortress Iron provides useful guidance on how patent prosecutors should avoid language that triggers specification disclaimer and prosecution disclaimer, doctrines that may be used to narrow the scope of patent infringement claims, say attorneys at Knobbe Martens.

New Drug Ad Regs Could Lead To A Less Informed Public

A federal push to mandate full safety warnings in pharmaceutical advertising could make drug ads less appealing for companies to air, which in turn could negatively affect consumers' health decisions by removing an accessible information source, say Punam Keller at Dartmouth College and Ceren Canal Aruoba at Berkeley Research Group.