Expert Analysis

• Opinion

  Horizontal Stare Decisis Should Not Be Casually Discarded

  

  Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

• How Fed. Circ. Shaped Subject Matter Eligibility In 2025

  

  The Federal Circuit's most impactful patent eligibility decisions this year, touching on questions about obviousness and abstractness, provide a toolbox of takeaways that can be utilized during patent preparation and prosecution to guard against potential challenges, says Reilley Keane at Banner Witcoff.

• 10 Commandments For Agentic AI Tools In The Legal Industry

  

  Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.

• Series

  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.

• 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.

• The Ohio Supreme Court In 2025: A Focus On Civil Procedure

  

  ​​​​​​​If 2025 will be remembered for any particular theme at the Ohio Supreme Court, it might just be the justices' focus on procedural issues, including in three cases concerning, respectively, proper service, response time and pleading standards, says Bradfield Hughes at Porter Wright.

• How Unchecked AI Exposes Expert Opinions To Exclusion

  

  A growing number of cases illustrate the potential for misuse of artificial intelligence tools by experts in litigation, resulting in reports with hallucinated information or unexplainable analysis, so to embrace the efficiencies AI tools introduce without falling victim to the risks, attorneys and experts should implement a few best practices, say attorneys at Willkie Farr.

• 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.

• Series

  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.

• 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.

• Perspectives

  Nursing Home Abuse Cases Face 3 Barriers That Need Reform

  

  Recent headlines reveal persistent gaps in oversight and protection for vulnerable residents in long-term care, but prosecution of these cases is often stymied by numerous challenges that will require a comprehensive overhaul of regulatory, legal and financial structures to address, says Veronica Finkelstein at Wilmington University.

• Series

  The Law Firm Merger Diaries: How To Build On Cultural Fit

  

  Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.

• Latisse Ruling's Lessons On Avoiding Chemical Patent Pitfalls

  

  The Federal Circuit's decision in Duke v. Sandoz, reversing a $39 million infringement claim for selling a generic Latisse product, reinforces a fundamental truth in chemical patent strategy: Broad genus claims rarely survive without clear evidence of possession of specific embodiments, says Kimberly Vines at Stites & Harbison.

• Considerations When Invoking The Common-Interest Privilege

  

  To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.

• How In-House Counsel Can Prep Corp. Reps For Depositions

  

  With anticorporate sentiment on the rise and jury verdicts against businesses growing larger, it is crucial that witnesses designated to be deposed on behalf of a company be well-prepared — and there are several key points in-house counsel should keep in mind to facilitate this process, says Joseph Altieri at Hollingsworth.