Expert Analysis

• Reviewing 2025's Most Pertinent Wiretap Developments

  

  2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.

• Series

  Nature Photography Makes Me A Better Lawyer

  

  Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.

• How Cos. Can Roll With NY's New Algorithmic Pricing Rules

  

  Despite uncertainty from New York’s new ban on artificial intelligence and computer algorithms for setting rents, and efforts to further restrict individualizing prices based on consumers' personal data, property managers, software providers and merchants can take several steps to stay compliant, say attorneys at Foley & Lardner.

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  Law School's Missed Lessons: Practical Problem Solving

  

  Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.

• Opinion

  A Uniform Federal Rule Would Curb Gen AI Missteps In Court

  

  To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.

• Netflix Caps 2025 M&A Deals That Will Test Antitrust Strategy

  

  The 2025 media consolidation trend culminated in Netflix's $82.7 billion Warner Bros. Discovery announcement, but the Antitrust Division of the U.S. Department of Justice is likely to question whether remedies short of blocking the deal could credibly preserve competition, says Brian Pandya at Duane Morris.

• AG Watch: Texas Junk Fee Deal Shows Enforcement Priorities

  

  Texas Attorney General Ken Paxton's recent $9.5 million settlement with online travel agency website Booking Holdings for so-called junk fee practices follows a larger trend of state attorneys general who have taken similar action and demonstrates the significant penalties that can follow such allegations, say attorneys at Kelley Drye.

• A Look At The Wave Of 2025 Email Marketing Suits In Wash.

  

  Since the Washington Supreme Court's ruling in Brown v. Old Navy in April, more than 30 lawsuits have alleged that a broad range of retailers across industries sent emails that violate the Washington Commercial Electronic Mail Act, but retailers are unlikely to find clear answers yet, says Gonzalo Mon at Kelley Drye.

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  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.

• Patent Disclaimers Ruling Offers Restriction Practice Insights

  

  The Federal Circuit's recent decision in Focus Products v. Kartri confirms that prosecution disclaimers can extend to examiner-defined species in restriction practice, making it important for patent practitioners to manage restriction requirement responses carefully to avoid unintended claim scope limitations, say attorneys at BCLP.

• 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.

• How Choice Of Law Won The Day In NC Biz Court COVID Case

  

  The North Carolina Business Court recently ruled for policyholders in Tanger Properties v. ACE American Insurance, a business interruption lawsuit arising from the pandemic-related closure of Tanger outlet centers, underscoring the significant role that choice of law plays in insurance coverage disputes, say attorneys at Hunton.

• 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.

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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.