Expert Analysis

• How The Fashion 'Dupe' Economy Is Redefining IP Strategies

  

  Fashion brands' recent experiments with unconventional trademark strategies highlight the growing impact that "dupe" versions of luxury items are having on the fashion market, as well as growing pressure points in trademark and trade dress law, say attorneys at Marshall Gerstein.

• 4th Circ. D&O Ruling Shows Why Textual Policy Args Are Best

  

  The Fourth Circuit's recent decision in favor of the insurer in Navigators Insurance v. Under Armour highlights how plain-text policy interpretation protects party autonomy and improves predictability to the benefit of both insurers and insureds, say attorneys at Zelle.

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  Trivia Competition Makes Me A Better Lawyer

  

  Playing trivia taught me to quickly absorb information and recognize when I've learned what I'm expected to know, training me in the crucial skills needed to be a good attorney, and reminding me to be gracious in defeat, says Jonah Knobler at Patterson Belknap.

• An Instructive Reminder On Appealing ITC Determinations

  

  A recent Federal Circuit decision, partially dismissing Crocs' appeal of a U.S. International Trade Commission verdict as untimely, offers a powerful reminder that the ITC is a creature of statute and that practitioners would do well to interpret those statutes conservatively, says Derrick Carman at Robins Kaplan.

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  Law School's Missed Lessons: What Cross-Selling Truly Takes

  

  Early-career attorneys may struggle to introduce clients to practitioners in other specialties, but cross-selling becomes easier once they know why it’s vital to their first years of practice, which mistakes to avoid and how to anticipate clients' needs, say attorneys at Moses & Singer.

• CFIUS Initiative May Smooth Way For Some Foreign Investors

  

  A new program that will allow certain foreign investors to be prevetted and admitted to fast-track approval by the Committee on Foreign Investment in the United States will likely have tangible benefits for investors participating in competitive M&A, say attorneys at Simpson Thacher.

• How Cos. Can Prepare For Calif. Recycling Label Challenges

  California's S.B. 343 turns recycling labels from marketing shorthand into regulated claims that must stand up to scrutiny with proof, so companies must plan for the Oct. 4 compliance deadline by identifying every recyclability cue, deciding which ones they can support, and building the record that defends those decisions, says Thierry Montoya at FBT Gibbons.

• How AI Data Centers Are Elevating Development Risk In 2026

  

  As thousands of artificial intelligence data center constructions continue to pop up across the U.S., such projects must be treated not as simple real estate developments, but as infrastructure programs where power, supply chains and technology integration all drive both schedule and risk, say attorneys at Cozen O’Connor.

• Strategies For Effective Class Action Email Notice Campaigns

  

  Recent cases provide useful guidance on navigating the complexities of sending email notices to potential class action claimants, including drafting notices clearly and effectively, surmounting compliance and timing challenges, and tracking deliverability, says Stephanie Fiereck at Epiq.

• Ariz. Uber Verdict Has Implications Beyond Ride-Hailing Cos.

  

  When an Arizona federal jury in Jaylyn Dean v. Uber Technologies recently ordered Uber to pay $8.5 million to a woman who said she was sexually assaulted by her driver, their most important finding — that the driver was Uber's agent — could have huge consequences for future litigation involving platform-based businesses, says Michael Epstein at The Epstein Law Firm.

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  Judges On AI: Practical Use Cases In Chambers

  

  U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.

• Saks' Post-M&A Bankruptcy Illustrates Current Market Risks

  

  The recent Saks Fifth Avenue bankruptcy occurred on the heels of its merger with fellow luxury purveyor Neiman Marcus, showing that capital structure, not concept, dictates resilience when conditions turn, says Ben Thompson at Thompson.

• Assessing Compliance Risks Around TrumpRx Participation

  

  As there are novel compliance obligations and potential political opposition related to the new TrumpRx online drug platform, companies intending to participate on the site should consider the pressure points that are likely to draw enforcement scrutiny, say attorneys at Sheppard.

• Class Actions At The Circuit Courts: February Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from November and December, and identifies practice tips from cases involving the Missouri Merchandising Practices Act and Missouri unjust enrichment claims, the Illinois Biometric Information Privacy Act, the Class Action Fairness Act, and the Telephone Consumer Protection Act.

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  Trail Running Makes Me A Better Lawyer

  

  Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.