Expert Analysis

• Fed. Circ. In Oct.: Spotlight On Wording Beyond Patent Claims

  

  The Federal Circuit's recent decision in Barrette Outdoor Living v. Fortress Iron provides useful guidance on how patent prosecutors should avoid language that triggers specification disclaimer and prosecution disclaimer, doctrines that may be used to narrow the scope of patent infringement claims, say attorneys at Knobbe Martens.

• NY Tax Talk: New ALJs, New Rules, Apportionment, Bundling

  

  Attorneys at Eversheds review the top New York tax law developments from last quarter, including appointments to the New York City Tax Appeals Tribunal and the city's proposed rules to clarify income taxation of foreign corporations, and highlight two litigation matters to watch.

• What Trump's Scientific Discovery AI Order Will Mean For Cos.

  

  Although private organizations will not see an immediate change in their compliance obligations from President Trump's recent executive order establishing a government effort to use artificial intelligence to accelerate scientific discovery, large enterprises and critical infrastructure operators will face pressure to demonstrate that their AI practices are comparable, says Shawn Tuma at Spencer Fane.

• 9th Circ. Ruling Upholds Employee Speech Amid Stalled NLRB

  

  The Ninth Circuit's recent decision in National Labor Relations Board v. North Mountain Foothills Apartments shows that courts are enforcing National Labor Relations Act protections despite the board's current paralysis, so employers must tread carefully when disciplining employee speech, whether at work or online, say attorneys at Foley & Lardner.

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  Preaching Makes Me A Better Lawyer

  

  Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.

• Why Digital Asset Treasuries Are Drawing Regulator Concerns

  

  Financial regulators’ recent focus on potential insider trading and investor risk at hundreds of publicly traded digital asset treasuries may have been summoned by how quickly this rapidly expanding market responds to asset allocation decisions, as well as variations in risk disclosure practices across the sector, say attorneys at The Brattle Group.

• How Large Patent Damages Awards Actually Play Out

  

  Most large verdicts in patent infringement cases are often overturned or reduced on appeal, implying that the Federal Circuit is serving its intended purpose of correcting outlier outcomes, and that the figures that catch headlines and dominate policy debates may misrepresent economic realities, says Bowman Heiden at Berkeley School of Law.

• State, Federal Incentives Heat Up Geothermal Projects

  

  Geothermal energy can now benefit from dramatically accelerated permitting for development on federal land as well as state-level renewable energy portfolio standards — but operating in the complex legal framework surrounding geothermal projects requires successful navigation of complex water rights and environmental regulations, say attorneys at Holland & Hart.

• FTC Focus: Amazon's $2.5B Pact Broadens Regulatory Span

  

  Amazon's $2.5 billion deal with the Federal Trade Commission offers takeaways for counsel managing risk across both consumer protection and competition portfolios, including that design strategies once evaluated solely for conversion may now be scrutinized for their competitive effects, say attorneys at Proskauer.

• Minn. Financial Abuse Law Should Prompt Operational Review

  

  A new Minnesota law targeting the financial exploitation of vulnerable adults with an order-for-protection mechanism will affect multiple functions across banking organizations, and in the time remaining in 2025, banks should take action to update any needed workflow and documentation protocols, say attorneys at Winthrop & Weinstine.

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  Law School's Missed Lessons: Practicing Client-Led Litigation

  

  New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.

• Navigating 2025's Post-Grant Proceeding Shakeups

  

  Extensive changes to the U.S. Patent Trial and Appeal Board's post-grant proceedings this year, including the new settled expectations factor and revitalization of Fintiv factors, require petitioners and patent owners alike to be mindful when selecting patents to assert and challenge, say attorneys at Quinn Emanuel.

• Meta Monopoly Ruling Highlights Limits Of Market Definition

  

  A D.C. federal court's recent ruling that Meta is not monopolizing social media raises questions, such as why market definition matters and whether we have the correct model of competition, which can aid in making a stronger case against tech companies, says Shubha Ghosh at the Syracuse University College of Law.

• A Primer On NYDFS' 3rd-Party Cybersecurity Guidance

  

  The New York Department of Financial Services' recently released comprehensive guidance for registrants on managing cybersecurity risks associated with third-party service providers illustrates why proactive engagement by senior leadership, robust due diligence, strong contractual protections and ongoing oversight are essential to mitigating growing risks, say attorneys at McGuireWoods.

• 9th Circ. Robinhood Ruling May Alter Intraquarter Disclosures

  

  By aligning with the Second Circuit and rejecting the First Circuit's extreme-departure standard, the Ninth Circuit recently signaled in its decision to revive a putative securities class action against Robinhood a renewed emphasis on transparency when known trends that can be considered material arise between quarterly reports, say attorneys at MoFo.