Expert Analysis

• Tips From Del. Decision Nixing Major Earnout Damages Award

  

  The Delaware Supreme Court recently vacated in part the largest earnout-related damages award in Delaware history, making clear that the implied covenant of good faith and fair dealing cannot be used to rescue parties from drafting choices where the relevant regulatory risk was foreseeable at signing, say attorneys at Sullivan & Cromwell.

• USPTO's New Patentability Focus Helps Emerging Tech

  

  The U.S. Patent and Trademark Office's recent efforts to shift patentability criteria back toward traditional standards of novelty, obviousness and adequate disclosure should make it easier for emerging tech, including artificial intelligence, to obtain patents, says Bill Braunlin at Barclay Damon.

• CFIUS Risk Lessons From Chips Biz Divestment Order

  

  President Donald Trump's January executive order directing HieFo to unwind its 2024 acquisition of a semiconductor business with ties to China underscores that even modestly sized transactions can attract CFIUS interest if they could affect strategic areas prioritized by the U.S. government, say attorneys at Debevoise.

• What Applicants Can Expect From Calif. Crypto License Law

  

  With the July effective date for California's Digital Financial Assets Law fast approaching, now is a critical time for companies to prepare for licensure, application and coverage compliance ahead of this significant regulatory milestone that will reshape how digital asset businesses operate in California, say attorneys at MoFo.

• Malpractice Claim Assignability Continues To Divide Courts

  

  Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

• Reviewing The Legal Landscape Of Social Media For Minors

  

  States have initiated a wave of legislation regulating minors' access to and use of social media platforms, so it will be critical for social media companies to closely track the patchwork of state laws and pending legal challenges so they are prepared to pivot if necessary, say attorneys at Sidley.

• Tips For Counsel As PE Eyes Data Center Facility Services

  

  As private equity interest in specialized commercial facility services providers heightens, considerations for counsel and private equity investors run the gamut from contract transferability to facility compliance, say attorneys at Morgan Lewis.

• Opinion

  CFIUS Must Adapt To Current Foreign Investment Realities

  

  To continue protecting the U.S.’ long-term strategic and economic interests, the Committee on Foreign Investment in the United States should implement practical enhancements that leverage technology, expertise and clear communication, and enable it to keep pace with evolving demands, says attorney Sohan Dasgupta.

• Texas AG Wields Consumer Protection Law Against Tech Cos.

  

  Texas Attorney General Ken Paxton has targeted technology companies using the Texas Deceptive Trade Practices Act, a broadly worded statute that gives the attorney general wide latitude to pursue claims beyond traditional consumer protection, creating unique litigation risks, say attorneys at Yetter Coleman.

• When Bankruptcy Collides With Product Recalls

  

  The recent bankruptcy filing by Rad Power Bikes on the heels of a U.S. Consumer Product Safety Commission warning about dangerously defective batteries sold by the company highlights how CPSC enforcement clashes with bankruptcy protections, leaving both regulators and consumer litigants with limited options, says Michael Avanesian at Avian Law Group.

• Utah's AI Prescription Renewal Pilot Could Inform Policy

  

  Utah recently became the first state to approve an artificial intelligence system for autonomously renewing certain prescription medicines, providing a test case for how regulators may be able to draw boundaries between administrative automation and medical judgment, say Jashaswi Ghosh at Holon Law Partners and Bryant Godfrey at Foley Hoag.

• Bipartisan Enforcement Is Rising In Consumer Finance

  

  Activity over the past year suggests a bipartisan state enforcement wave is rippling across the consumer finance industry, which follows a blueprint set out by former Consumer Financial Protection Bureau Director Rohit Chopra, who notably now leads a Democratic Attorneys General Association working group, say attorneys at Hudson Cook.

• How Attorneys Can Navigate Shifts In Financing Landscape

  

  Direct government investment in companies in strategic sectors is expected to continue this year, with legal practitioners facing increased demands to navigate hybrid capital structures, evolving regulatory considerations and the alignment of financing terms with long-term business and strategic objectives, say attorneys at Skadden.

• Series

  Teaching Logic Makes Me A Better Lawyer

  

  Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

• New Biotech Nat'l Security Controls May Have Blunted Impact

  

  While the newly enacted federal prohibition against contracting with certain biotechnology providers associated with countries of concern may have consequences on U.S. companies' ability to develop drugs, the restrictions may prove to be less problematic for the industry than the significant publicity around their passage would suggest, say attorneys at Wilson Sonsini.