Expert Analysis

• What 'The' OSU Trademark Win Means For Businesses

  

  Ohio State University's successful argument to the U.S. Patent and Trademark Office that the word "The" is essential to its brand gives OSU the opportunity to assert its mark, and college administrators and small T-shirt business owners seeking to establish a brand or business name would do well to utilize a number of tools available to help avoid conflicts, says David Newman at Mahamedi IP.

• Opinion

  Now's The Time To Address Archaic Law School Curricula

  

  With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

• Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

  

  The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

• LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

  

  A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

• Counting Down To New Year's Day Sports Betting In Ohio

  

  While Ohio's first legal sports bets can't be placed until Jan. 1, 2023, a key factor making its extended preparation period more palatable is H.B. 29's scope — broader than many states' laws — covering all commercial access points to betting, and permits betting on esports, Olympic, college and professional events, says Jake Nicholson at Roetzel & Andress.

• Depp Verdict Shows Why Va. Is Ideal Defamation Claim Venue

  

  In the wake of Depp v. Heard, it is worth noting that factors unique to Virginia — including the state's weak anti-SLAPP legislation, amenability to personal jurisdiction and limits on summary judgment for defendants — make it a favorable venue for defamation plaintiffs, say attorneys at Holland & Knight.

• Understanding Georgia's New Worker Classification Law

  

  A Georgia law taking effect next month amends the definition of employment for unemployment compensation purposes and may benefit certain technology companies, including ride-sharing and delivery services — as long as their independent contractor arrangements comply with the statute’s requirements, say Meredith Caiafa and Kelli Church at Morris Manning.

• Force Majeure Claims Amid New Supply Chain Disruptions

  

  Port tie-ups, labor shortages and other recent supply disruptions will likely prove even more difficult to assert than force majeure claims from earlier phases of COVID-19, and the better bet may be to make claims based on the pandemic, says Neil Schur at Anderson Kill.

• 8 Steps To Creating A Legal Ops Technology Road Map

  

  Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

• How High Court May Tackle Fair Use In Warhol Case

  

  After disappointing the technology world last year by leaving questions of copyrightability unanswered in Google v. Oracle, the U.S. Supreme Court appears primed to extend the fair use doctrine in the pending Warhol Foundation v. Goldsmith case and clarify where to draw the line between transformative use and derivative works, say Benjamin Stern and Anuj Khetarpal at Nutter.

• The Importance Of Data And Data Analysis In Litigation

  

  Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

• US Immigration Should Clarify Status Of Esports Athletes

  

  As the U.S. hosts a growing number of esports leagues and competitions, U.S. Citizenship and Immigration Services should make it easier for international professional gamers to compete in stateside tournaments by issuing guidance that expressly addresses esports or clarifies the definition of athlete in the visa context, says Gabriel Castro at Berry Appleman.

• Suits Against Google Signal Increased 'Dark Patterns' Scrutiny

  

  Recent lawsuits brought against Google by attorneys general in multiple states illustrate a growing trend of pushback against dark patterns — design tricks that harmfully manipulate consumer behavior — so companies should ensure their current and future marketing practices do not put them at risk, say attorneys at Sidley.

• Steps Companies Can Take To Mitigate Privilege Labeling Risk

  

  Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

• What Litigation Funding Disclosure In Delaware May Look Like

  

  A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.