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.

• High Court's Tribal Ruling May Enable More Gambling In Texas

  

  The U.S. Supreme Court's recent ruling in Texas v. Ysleta, finding that Texas cannot regulate a tribe's electronic bingo, paves the way for Native American tribes in Texas to upscale their gaming operations, say attorneys at McGuireWoods.

• 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.

• 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.

• 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.

• 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.

• Key Privacy Issues To Consider Before Launching An NFT

  

  There are five steps brands follow when launching NFT collections, and each should involve additional considerations to ensure privacy and data protection, such as evaluating obligations under privacy law and being aware of tactics used by bad actors to gain access to digital wallets, say Daniel Goldberg and Zachary Lewis at Frankfurt Kurnit.

• How In-House Legal Leaders Can Drive Corporate Growth

  

  Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

• Attorneys Should Tread Carefully On Job Counteroffers

  

  Promises of more compensation to keep attorneys from leaving their jobs have become commonplace in today's hot job market, but lawyers should weigh their options carefully as accepting a counteroffer can negatively affect their reputation, says Leeron Molloy at VOYlegal.

• Series

  The Future Of Legal Ops: Time To Get Serious About Data

  

  Most corporate legal departments collect surface-level data around their operations, such as costs and time to resolution, but legal leaders should explore more in-depth data gathering to assess how effective an attorney was, how efficiently legal work was performed, and more, says Andy Krebs at Intel.