Expert Analysis

• Kentucky Tax Talk: Unpacking The 2022 Legislative Session

  

  Individual Kentuckians will feel the changes made this legislative session as cuts to state income tax increase their net pay, while new sales taxes make many purchases more expensive, a change unlikely to help or hurt most Kentucky businesses, say attorneys at Frost Brown.

• From Baseball To Blockchain: The Right Of Publicity In NFTs

  

  Much like baseball trading cards, nonfungible tokens derive value from the right of publicity that creates a collectible product, and these rights may provide a valuable alternative to copyrights in addressing the problem of counterfeit NFTs, says Daniel Lifschitz at Johnson & Johnson.

• Opinion

  2nd Circ. Reasoning In COVID Force Majeure Case Is Flawed

  

  The Second Circuit's recent holding in JN Contemporary Art v. Phillips Auctioneers, that a force majeure clause permitted an auction house to cancel a contract because of COVID-19, was correctly decided, but for the wrong reasons, because the decision incorrectly characterized the operative clause as a catchall clause, says Joshua Wurtzel at Schlam Stone.

• The Fastest Federal Trial Courts: A Look At Virginia, Florida

  

  The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

• Writing NFT Trademark Applications That Protect Brands

  

  As nonfungible tokens soar in popularity and courts grapple with whether and how to protect these brands, the U.S. Patent and Trademark Office is beginning to establish helpful precedent on trademark applications associated with NFTs, clarifying best trademark-filing practices, say Thomas Brooke and Rodrigo Javier Velasco at Holland & Knight.

• Tips For Evaluating Machine Learning For Contracts Review

  

  Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

• Alternatives For Metaverse Platform IP Enforcement Protocols

  

  As brands that hope to profit from the metaverse face the challenge of protecting their intellectual property, platforms may benefit from putting in place nonjudicial protocols to streamline dispute resolution for patent infringement claims, says Benjamin Stasa at Brooks Kushman.

• How To Efficiently Deploy Your Professional Growth Strategy

  

  Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.

• How The Tribune Cases Will Affect Fraudulent Transfer Claims

  

  Although the U.S. Supreme Court declined to review the Tribune bankruptcy cases, the Second Circuit's decisions leave behind a lasting precedential legacy — especially regarding Bankruptcy Code Sections 546(e) and 548(a)(1)(A) — that will play an important role in future fraudulent transfer cases, say attorneys at Seward & Kissel.

• A 6-Step Framework For Legal Industry Professional Growth

  

  Lana Manganiello at Equinox Strategy Partners discusses how implementing a professional growth framework will help legal professionals gain expertise in a relevant niche to build credibility, focus marketing efforts and build an ideal practice.

• Why Contempt May Be Apt Punishment For High Court Leaker

  

  Contempt of court is an overlooked but potentially effective tool to punish whoever leaked the draft opinion overruling Roe v. Wade and protect the integrity of the U.S. Supreme Court, says Michael Zuckerman at Zuckerman Dispute Resolution.

• The Growing Complexity Of Commercial Rights Issues In NFTs

  

  Purchase rights solutions lag the rapid growth of nonfungible tokens as investments, and until this issue is resolved, issuers and purchasers of NFTs will need to grapple with the challenges of applying traditional contract law principles to a technology based on decentralization, say attorneys at Skadden.

• State Actions Show NFTs Can't Escape Securities Regulation

  

  As evidenced by recent cease-and-desist orders from Texas and Alabama, regulators are paying attention to nonfungible tokens, and companies cannot blindly classify digital assets as NFTs in order to dodge securities laws, say attorneys at Eversheds Sutherland.

• Antitrust Law As A Tool Against Privacy Abuses

  

  As consumer protection statutes prove insufficient in combating privacy harms, regulators and courts increasingly recognize privacy violations as anti-competitive harm — with potentially momentous effects, say William Reiss and Matthew Geyer at Robins Kaplan.

• Opinion

  Clients' Diversity Mandates For Law Firms Are Necessary

  

  Coca-Cola recently scrapped its proposed diversity staffing requirements for outside counsel, and other companies may be reassessing their mandates due to external pressures, but it is important to remember the myriad factors supporting these policies and why they are more important now than ever before, says David Hopkins at Benesch Friedlander.