Expert Analysis

• Human Diligence Crucial As AI Raises Real Estate Fraud Risks

  

  A recent title fraud warning from Florida officials demonstrates that artificial intelligence has lowered the barrier to committing complex property scams, forcing real estate industry stakeholders and attorneys to prioritize contextual review in transactions, says Neil Cohen at Barsh and Cohen.

• A Reliable Liability Shield For Government-Sponsored R&D

  

  The Federal Circuit's decision in Arlton v. AeroVironment last month confirms that the Section 1498 liability-shifting framework applies well beyond production contracts, providing powerful assurance that contractors performing government-directed work are shielded from patent infringement liability, say attorneys at Morgan Lewis.

• The Benefits Of Choosing A Niche Practice In The AI Age

  

  As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

• Google's Scraping Suit Asks How Far DMCA Protections Go

  

  A California federal court's decision in Google v. SerpApi will spotlight a long-developing judicial split over how to apply Section 1201 of the Digital Millennium Copyright Act’s ban on circumventing a copyright holder’s access controls, an increasingly important point in litigation over web scraping and artificial intelligence training, say attorneys at Jenner & Block.

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  Podcasting Makes Me A Better Lawyer

  

  Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

• When Fraud Involvement Disqualifies FCA Whistleblowers

  

  A Massachusetts federal court's recent dismissal of a False Claims Act relator in U.S. ex rel. Perry v. First Psychiatric Planners provides instructive insight into when whistleblowers may be denied their share of settlement proceeds, even if their involvement in the underlying fraud is a step removed, say attorneys at Holland & Knight.

• 9th Circ. Ruling Evinces Tightening Of Nonmedical Hardship

  

  The Ninth Circuit’s recent ruling in Vilchis-Gomez v. Bondi illustrates how a series of immigration decisions are transforming the extreme hardship defense to removal into a de facto medical necessity requirement, but practitioners can push back by continuing to assert long-standing precedents and building comprehensive records, says Abdoul Konare at Konare Law.

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  Volunteering With Scouts Makes Me A Better Lawyer

  

  Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

• Compliance Takeaways Amid Subscription Practices Scrutiny

  

  The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.

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  Law School's Missed Lessons: In Court, It's About Storytelling

  

  Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

• What Kalshi Cases Reveal About State Authority, Regulation

  

  Prediction markets like Kalshi have ignited complex legal battles that get to the heart of how novel financial products intersect with traditional state enforcement authority, and courts are already beginning to divide over whether federal law preempts state enforcement authority restricting these offerings, say attorneys at Holtzman Vogel.

• Aligning Microsoft Tools With NYC Bar AI Recording Guidance

  

  The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

• Class Actions At The Circuit Courts: March Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from January and identifies practice tips from cases involving allegations of violations of consumer fraud regulations, the Fair Credit Reporting Act, employment law and breach of contract statutes.

• 5 Different AI Systems Raise Distinct Privilege Issues

  

  A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.

• State, Federal Policies Complicate Fuel And Carbon Markets

  

  As federal and state regulators advance a complex web of mandatory and voluntary programs and incentives that shape how transportation fuels are produced, traded and valued, new compliance obligations present both risks and opportunities for fuel market and carbon market participants alike, says Sarah Grey at Arnold & Porter.