Expert Analysis

• Patent Eligibility Faces Widening Gap Between USPTO, Courts

  

  The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.

• AI Licensing Suit Exhibits Pitfalls Of Vague Contract Terms

  

  Fastcase Inc. v. Alexi Technologies, a case in District of Columbia federal court, demonstrates the potential consequences of vaguely drafted contract terms amid unforeseen technological advances, but there is practical guidance parties may employ to mitigate the potential for similar contract disputes, say attorneys at Baker Botts.

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  Playing Tennis Makes Me A Better Lawyer

  

  An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

• How Generative AI Cos. Can Navigate Product Liability Claims

  

  Increasingly, plaintiffs are aggregating disputes over generative artificial intelligence and pursuing them through mass-tort-style proceedings, borrowing tactics from litigation involving social media, pharmaceuticals and other consumer-facing products — but there are approaches that AI companies can use to narrow claims and manage long-term exposure, say attorneys at Arnold & Porter.

• Expect Major Shifts In Patent And Trademark Policy This Year

  

  New leadership and initiatives promise to bring consequential changes to the U.S. Patent and Trademark Office's practices in 2026, likely favoring patent allowance and issuance, as well as streamlining trademark processes, say attorneys at Knobbe Martens.

• How FERC Is Shaping The Future Of Data Center Grid Use

  

  Two recent orders from the Federal Energy Regulatory Commission affecting the PJM Interconnection and Southwest Power Pool regions offer the first glimpse into how FERC will address the challenges of balancing resource adequacy, grid reliability and fair cost allocation for expansions to accommodate artificial intelligence-driven data centers, say attorneys at Husch Blackwell.

• What To Expect From Justices' 401(k) Ruling, DOL Rulemaking

  

  The U.S. Supreme Court's upcoming ruling in Anderson v. Intel, addressing alternative assets in defined contribution plans, coupled with the U.S. Department of Labor's recently proposed regulation on fiduciary duties in selecting alternative investments, could alleviate the litigation risk that has impeded wider consideration of such investments, say attorneys at Ropes & Gray.

• Digital Assets May Be In For A Growth Spurt In 2026

  

  All signs point to an acceleration in digital asset product and service innovation throughout 2026, and while questions of first impression still need to be addressed, some legal issues will be clarified, spurring developments namely on the tokenization and stablecoin fronts, say attorneys at Skadden.

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  Judges On AI: How Judicial Use Informs Guardrails

  

  U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.

• What Businesses Offering AI Should Expect From The FTC

  

  The Federal Trade Commission's move to reopen and set aside an administrative order against Rytr shows that the FTC is serious about executing on the administration's Artificial Intelligence Action Plan, and won't stand in the way of businesses offering AI products with pro-consumer, legitimate uses, say attorneys at Reed Smith.

• Lessons From EdTech Provider's Data Breach Settlements

  

  Education technology company Illuminate Education's recent settlements with three states and the Federal Trade Commission over state privacy law claims following a student data breach are some of the first of their kind, suggesting a shift in enforcement focus to how companies handle student data and highlighting the potential for coordinated enforcement actions, say attorneys at Wilson Sonsini.

• Crypto-Asset Strategy For Corporate Legal Leaders In 2026

  

  As digital assets experience increased regulatory clarity, institutional adoption and technological maturity, in-house legal leaders must build strong policies this year and stay engaged with the evolving market to help their companies seize the opportunities of the digital asset era while managing the risks, say attorneys at Foley & Lardner.

• What Fla. Trends Reveal About AI In Real Estate Development

  

  Property developers can begin to understand how artificial intelligence tools are changing the real estate industry by studying Florida, where developers are using AI to speed vital processes, and AI disclosure and ethics requirements are proliferating, says Ben Mitchel at Shubin Law.

• What US Cos. Must Know To Comply With Italy's AI Law

  

  Italy's newly effective artificial intelligence law means U.S. companies operating in Italy or serving Italian customers must now meet EU AI Act obligations as well as Italy-specific requirements, including immediately enforceable criminal penalties, designated national authorities and sector-specific mandates, say attorneys at Portolano Cavallo.

• Key Sectors, Antitrust Risks In Pricing Algorithm Litigation

  

  Algorithmic pricing lawsuits have proliferated in rental housing, hotels, health insurance and equipment rental industries, and companies should consider emerging risk factors when implementing business strategies this year, say attorneys at Hunton.