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Expert Analysis
Unique Issues Facing Brand-Compounder Patent Litigation
Recent litigation and potential enforcement action against Hims & Hers Health raise questions about how compounders and branded pharmaceuticals companies would be positioned in patent litigation as compared to generics companies, which would require strategies different from those that would be used in traditional Hatch-Waxman Act litigation, say attorneys at Morgan Lewis.
Where Ceding Control In Joint Ventures Ups Developer Risks
With new data predicting liquidity will continue drying up in 2026, developers seeking relief via joint venture restructurings should understand how relinquishing an asset's control to a capital partner could have stark consequences, and where negotiations over governance and control triggers present the greatest legal and structural risks, say attorneys at Jenner & Block.
High Court's 'Skinny Label' Case May Tackle Wider Questions
The U.S. Supreme Court's upcoming decision in Hikma v. Amarin will have important ramifications for broader debates over what defines a generic version of a drug, and the pending case is already altering patent practice, say attorneys at Taft.
Making Effective Use Of DOD's 'Patent Holiday' Program
The U.S. Department of Defense's new defense patent holiday program, designed to let companies experiment with otherwise latent technology without paying typical up-front fees, can help contractors enter new technical domains and markets, but requires careful attention to export controls and patent infringement risks, say attorneys at Sterne Kessler.
Health Co.'s 'Success Story' Misstep Holds HIPAA Lessons
Cadia Healthcare Facilities' fall settlement with the U.S. Department of Health and Human Services for improperly disclosing patients' protected health information in online success stories is an instructive example of Health Insurance Portability and Accountability Act risks that can arise from digital marketing efforts, say attorneys at Woods Rogers.
9th Circ. Ruling Evinces Tightening Of Nonmedical Hardship
The Ninth Circuit’s recent ruling in Vilchis-Gomez v. Bondi illustrates how a series of immigration decisions are transforming the extreme hardship defense to removal into a de facto medical necessity requirement, but practitioners can push back by continuing to assert long-standing precedents and building comprehensive records, says Abdoul Konare at Konare Law.
The Cautionary Tale Of A Supply Chain Inquiry 'Made In Italy'
Legal probes into the Italian luxury fashion supply chain reflect the need for effective buy-side diligence with a variety of tools and through a variety of lenses to avoid an issue after an M&A transaction, says Jesse Silvertown at Hesparus.
Sentencing Amendments Could Spell Paradigm Shift
Three of the U.S. Sentencing Commission’s recently proposed guideline amendments would have an immediate and dramatic impact on economic offenders, resulting in significantly fewer defendants receiving sentences of imprisonment and meaningfully addressing congressional directives, say Mark Allenbaugh at SentencingStats.com and Doug Passon at Doug Passon Law.
Character AI Case Highlights Agentic AI Liability Questions
The recently settled litigation against Character Technologies Inc. provides an early case study for exploring salient legal issues related to agentic artificial intelligence, such as tort liability, strict liability, statutory liability and contractual liability, says Samuel Mitchells at Smith Gambrell.
Can Trump's AI Order Override State Insurance Rules?
Although a December executive order charts a course to potentially dismantle state artificial intelligence regulations applicable to virtually any industry, the effect on the insurance industry deserves special attention because under federal law, the regulation of the business of insurance is largely delegated to the states, say attorneys at Eversheds Sutherland.
How DOL Rule Would Preserve App-Based Contractor Work
The U.S. Department of Labor's proposed 2026 independent contractor rule reinforces the centrality of worker autonomy and entrepreneurial opportunity that characterize many app-based arrangements, and returns to a framework that may offer increased predictability for platforms and workers alike, say attorneys at Gibson Dunn.
Complaint Portal Updates Prove That The CFPB Is Listening
The Consumer Financial Protection Bureau's recent updates to its online complaint portal not only clarify complaint pathways and strengthen identity verification, but also signal that the bureau is more willing to consider industry perspectives on its activities and change course where warranted, say attorneys at Manatt.
Del. Justices' Upholding Of SB 21 Gives Cos. Needed Clarity
The Delaware Supreme Court's recent unanimous decision in Rutledge v. Clearway Energy — upholding 2025 corporate law amendments enacted through S.B. 21, which clarified safe harbor protections and key terms — may help stem the DExit movement, whose proponents have claimed unpredictability in Delaware courts, say attorneys at Nelson Mullins.
Leveraging MDLs And State Courts In Mass Tort Strategy
Multidistrict litigation's quiet drift from a pretrial coordination device to a de facto national court for mass torts poses a strategic question for plaintiffs counsel — whether an MDL will yield timely trials, meaningful accountability and fair value for clients, or whether a state court strategy will be more effective, say attorneys at DiCello Levitt.
Why Mukherji Won't End USCIS' EB-1A Two-Step
A Nebraska federal court's recent decision in Mukherji v. Miller seemed to vindicate longstanding complaints about the U.S. Citizenship and Immigration Services' controversial two-step adjudication process, declaring the framework unlawful — but Mukherji is unlikely to be the death blow that immigration practitioners have hoped for, says Jun Li at Reid & Wise.
Unique Issues Facing Brand-Compounder Patent Litigation
Recent litigation and potential enforcement action against Hims & Hers Health raise questions about how compounders and branded pharmaceuticals companies would be positioned in patent litigation as compared to generics companies, which would require strategies different from those that would be used in traditional Hatch-Waxman Act litigation, say attorneys at Morgan Lewis.
How Banks Can Apply FinCEN Beneficial Ownership Relief
A recent Financial Crimes Enforcement Unit order limiting the circumstances under which banks should identify and verify beneficial owners may allow banks to tailor their approach to verification compliance, but only after reviewing customer due diligence policies and evaluating alignment with their risk profiles, say attorneys at Cleary.
Calif. Case Could Lead To A Redefined Pollution Exclusion
In recently agreeing to hear Montrose Chemical v. Superior Court, the California Supreme Court will decide whether a court should consider extrinsic evidence offered by a party to prove its interpretation of the insurance policy language, opening the door to a different definition of "sudden" in insurance policies' pollution exclusions, say attorneys at Pillsbury.
How CFTC Prediction Market Agenda Shifts The Playing Field
Commodity Futures Trading Commission Chairman Michael Selig recently signaled that a more welcoming regulatory landscape for prediction markets like Kalshi and Polymarket is coming soon, but we can expect a hotly contested regulatory and legal environment with important implications for the platforms, state regulators and market participants, say attorneys at Sidley.
PFAS Risks In M&A Amid Litigation, Legislative Developments
Per- and polyfluoroalkyl substances have become a significant M&A concern amid new trends in settlements and state laws, and potential buyers must find ways to evaluate potential related risks, say attorneys at Debevoise.
Series
Volunteering With Scouts Makes Me A Better Lawyer
Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.
Compliance Takeaways Amid Subscription Practices Scrutiny
The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.
Recent Rulings Show DEI Isn't On Courts' Chopping Block
Contrary to recent narratives that workplace diversity, equity and inclusion initiatives are on the verge of legal collapse, courts are applying familiar guardrails for litigating DEI-adjacent cases — requiring the right plaintiff, the right challenge and the right proof — rather than rewriting the rules on DEI, say attorneys at Krevolin Horst.
AI Communications May Be Discoverable In Patent Litigation
A New York federal court's recent determination that a defendant's correspondence with an artificial intelligence tool was not protected by attorney-client privilege may have significant ramifications for patent matters, highlighting the risk of AI use in patent prosecution and litigation tasks, say attorneys at Seed IP.
Series
Law School's Missed Lessons: In Court, It's About Storytelling
Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.
Special Series
My Hobby Makes Me A Better Lawyer
From quilting to clowning to raising miniature livestock, attorneys share how their unusual extracurricular activities enhance professional development.
Judges On AI
Do artificial intelligence tools have any practical judicial applications? In this Expert Analysis series, state and federal judges explore potential use cases for AI in adjudication and beyond.
Opinion
Deregulation Can Solve Labor Market Woes
There is broad agreement that labor law is in need of reform, owing to few unions, slow procedures and weak remedies, and while deregulation will strike many as radical, it has worked for a variety of industries and could make competition a regular feature of the market, says Alexander MacDonald at Littler.
3 Reasons We Need Digital Asset Market Structure Legislation
As bills to regulate the cryptocurrency industry risk stalling in Congress, policymakers and market participants must remember why a durable statutory framework, not governance by agency action, is key to unlocking the full potential of the U.S. digital asset ecosystem, say attorneys at Davis Polk.
Access to Justice Perspectives
DC Circ. Gag Order Rulings Reveal A Digital Privacy Paradox
A pair of rulings from the D.C. Circuit reveal a growing dilemma in digital privacy jurisprudence for investigative targets, technology companies and transparency advocates — even when courts set the bar higher for broad nondisclosure requests, the public may never be allowed to learn why orders get approved, say attorneys at RJO.