Expert Analysis

• 5 E-Discovery Predictions For 2026 And Beyond

  

  2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.

• Disney's OpenAI Deal Could Be Turning Point In IP Licensing

  

  The Disney-OpenAI agreement last month is less an anomaly than an early attempt to define what licensed generative use of entertainment intellectual property looks like in practice, including how artificial intelligence user-generated content is permitted without eroding ownership and control, says Alex Locke at Meister Seelig.

• Series

  Judges On AI: How Courts Can Boost Access To Justice

  

  Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.

• 2025's Most Notable State AG Activity By The Numbers

  

  State attorneys general were active in 2025, working across party lines to address federal regulatory gaps in artificial intelligence, take action on consumer protection issues, continue antitrust enforcement and announce large settlements on behalf of their citizens, say attorneys at Jenner & Block.

• Opinion

  The Case For Emulating, Not Dividing, The Ninth Circuit

  

  Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.

• Why 'Baby Shark' Floundered In Foreign Service Waters

  

  The Second Circuit recently ruled that the "Baby Shark" company couldn’t use email to serve alleged infringers based in China under an international agreement prohibiting such service, providing several important lessons for parties in actions involving defendants in jurisdictions unwilling or unable to effectuate efficient service, say attorneys at Greenspoon Marder.

• Autonomous AI Attacks Demarcate Shift In Risk Landscape

  

  Anthropic and OpenAI recently disclosed cyberattacks where an artificial intelligence agent was the primary attacker, illustrating immediate implications for corporate governance, contracting and security programs as companies integrate AI with their business systems, say Rahul Mukhi and Melissa Faragasso at Cleary and Brian Lichter at Stroz Friedberg.

• How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases

  

  Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.

• Key Trends For Life Sciences Cos. To Watch In 2026

  

  Following a year of drastic change at the U.S. Food and Drug Administration, two themes are likely to drive the coming year — a commitment to lowering the cost of drugs and an inherent tension between the priorities of the health agencies and the broader administration, say attorneys at Sheppard Mullin.

• Series

  Muay Thai Makes Me A Better Lawyer

  

  Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.

• Series

  Law School's Missed Lessons: Intentional Career-Building

  

  A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.

• The Video Privacy Protection Act's Future In 2026

  

  The U.S. Supreme Court's recent denial of certiorari petitions in two Video Privacy Protection Act cases, Salazar v. National Basketball Association and Solomon v. Flipps Media, deepens a circuit split on how to apply the decades-old statute to modern technology, but the underlying interest in privacy protection hasn't changed, say attorneys at Janove.

• Reviewing 2025's Artificial Intelligence Disputes Over IP

  

  2025 brought the first major fair use rulings involving generative artificial intelligence, and in 2026 courts will weigh in on more discovery disputes, renewed motions to dismiss, class certification challenges and fair use defenses that could shape the course of future AI litigation, say attorneys at Debevoise.

• Preparing For Congressional Investigations In A Midterm Year

  

  2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.

• 3 Securities Litigation Trends To Watch In 2026

  

  Pending federal appellate cases suggest that 2026 will be a significant year for securities litigation, with long-standing debates about class certification, new questions about the risks and value of artificial intelligence features, and private plaintiffs' growing role in cryptocurrency enforcement likely to be major themes, say attorneys at Willkie.