Expert Analysis

• What 'Precedential' Decisions Reveal About USPTO's Direction

  

  Significant procedural changes at the U.S. Patent and Trademark Office last year have reshaped patent litigation and business strategies and created uncertainty around the USPTO's governing rules, but an accounting of the decisions the office designated as precedential and informative sheds light on the agency's new approach, say attorneys at Sterne Kessler.

• 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 Policy Differences Affect Recovery From Cyberattacks

  

  Careful attention to policy language and real-world operational realities can mean the difference between a partial and a full recovery after a cyberincident — particularly, how long the insurance policy will cover lost income and extra expenses incurred, and when that period ends, says Scott Godes at Barnes & Thornburg.

• 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.

• EU AI Act Conformity Key For Cos. Despite Enforcement Delay

  

  The European Data Protection Board-European Data Protection Supervisor’s recent joint opinion, posted in response to the European Commission’s proposal to delay EU Artificial Intelligence Act implementation, captures some of the core worries raised that postponement may affect fundamental rights protections and further undermine legal certainty, say lawyers at ZwillGen.

• Drafting Tech Patents After USPTO's Eligibility Memos

  

  Two recent U.S. Patent and Trademark Office memos on subject matter eligibility declarations provide an evidentiary playbook for artificial intelligence and software patent applications, highlighting how targeted, stand‑alone SMEDs that present objective, claim‑anchored facts can improve patent application outcomes, say attorneys at Reed Smith.

• 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.

• Wage-Based H-1B Rule Amplifies Lottery Risks For Law Firms

  

  Under the wage-based H-1B lottery rule taking effect Feb. 27, law firms planning to hire noncitizen law graduates awaiting bar admission should consider their options, as the work performed by such candidates may sit at the intersection of multiple occupational classifications with differing chances of success, says Jun Li at Reid & Wise.

• Series

  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.

• California's New Privacy Laws Demand Preparation From Cos.

  

  An increase in breach disclosures is coinciding with California's most comprehensive privacy and artificial intelligence legislation taking effect, illustrating the range of vulnerabilities organizations in the state face and highlighting that the key to successfully managing these requirements is investing in capabilities before they became urgent, says Camilo Artiga-Purcell at Kiteworks.

• USPTO Initiatives May Bolster SEP Litigation In The US

  

  The U.S. Patent and Trademark Office's recent efforts to revitalize standard-essential patent litigation face hurdles in their reliance on courts and other agencies, but may help the U.S. regain its central role in global SEP litigation if successful, say attorneys at Axinn.

• If Your AI Vendor Goes Bankrupt: Tackling Privacy And 'Utility'

  

  Because bankruptcies of artificial intelligence vendors will require courts to decide in the moment how to handle bespoke deals for AI tools, customers that anticipate consumer privacy concerns in asset disposition and questions about utility and critical-vendor classifications can be better positioned before proceedings, say attorneys at Sidley.

• Series

  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.

• Trade Secret Steps To Take As Exposure Risk Increases

  

  Against the backdrop of rising trade secret litigation, greater employee mobility and constraints on noncompetes, recent cases highlight the importance of minimizing trade secret risks when employees leave or when new hires join, say attorneys at Sullivan & Cromwell.