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Expert Analysis
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.
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.
Resilience Planning As Nat'l Security Shifts Tech Import Policy
In response to a sustained reorientation of U.S. trade policy around national security considerations, businesses reliant on processed critical minerals must closely monitor diplomatic negotiations and the potential expansion of trade measures, incorporating contingency planning into procurement and long-term investment strategies, says attorney Sohan Dasgupta.
Proposed DOL Rule Could Simplify Contractor Classification
If the U.S. Department of Labor's recently proposed rule governing employee versus independent contractor classification is finalized, it would permit energy sector employers to evaluate the nature of the working relationship with a more straightforward and predictable analysis than the 2024 rule's unweighted test, say attorneys at Bracewell.
Key Takeaways As HRSA Aims To Revive 340B Rebate Pilot
The U.S. Department of Health and Human Services' recent request for feedback on the 340B Rebate Model Pilot Program demonstrates that it intends to correct the model's procedural defects, which is positive news for participating manufacturers, but a setback for covered entities, say attorneys at Manatt.
How The New Tariff Landscape May Unfold
To replace tariffs formerly imposed under the International Emergency Economic Powers Act, the administration will rely on a patchwork of statutes, potentially leading to procedural challenges and a complex tariff landscape with varying levels, durations and applicability, says Joseph Grossman-Trawick at King & Spalding.
Weighing Confusion Claims In Shoes-NFL Steakhouse TM Suit
A recent New York federal infringement complaint by 1587 Sneakers against Patrick Mahomes and Travis Kelce's Kansas City steakhouse 1587 Prime confronts the thorny question of how much operating in different industries should factor into likelihood-of-confusion analysis and why consumer perception can matter most in trademark fights, says Nate Garhart at Spencer West.
4th Circ. Navy Federal Decision Illustrates Nuances Of Rule 23
The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union helpfully clarified how class action defendants can use Rule 23(c)(1)(A) to eliminate exposure early, along with the limitations of such an approach, attorneys at Duane Morris.
Assessing Ruling On SEC Industry Bars In Post-Jarkesy World
According to a D.C. federal court in Sztrom v. U.S. Securities and Exchange Commission, the U.S. Supreme Court's 2024 decision in SEC v. Jarkesy did not eliminate the commission's ability to pursue industry bars through administrative follow-on proceedings, a major blow for future Article 3 challenges — so long as it stands, say attorneys at Venable.
What Orgs. Should Note In IRS Group Tax Exemption Overhaul
In a significant update, the IRS Revenue Procedure 2026-8 shows that the group exemption program is moving into a new regulatory era involving more uniformity, oversight and compliance obligations, and early action is key to preserve group exemption status and avoid disruption for subordinate organizations, says Ravi Sundara at Spencer Fane.
What GCs Should Keep In Mind When Developing AI Addenda
When general counsel develop their own customer-side artificial intelligence addenda to be used as the baseline for negotiations with AI vendors, they should take care to rightsize the addenda relative to their organization's size, complexity and bargaining power, say attorneys at Polsinelli.
How DOJ Is Rethinking Corporate Crime Prosecution Tactics
Recent statements from the Justice Department seem to indicate an incremental shift away from relying on collective employee knowledge when prosecuting corporate crime, and from exploring the bounds of case law that has not been a model of clarity, say attorneys at Covington.
5 Key Issues Affecting Deal Structurings In Ship Finance
Several trends are shaping the ship finance landscape, including the impact of Basel IV in Europe and the Nordic bond market, making it essential for both lenders and shipowners to utilize creative deal structuring and maintain an awareness of competitive dynamics across traditional bank and private lending, say attorneys at Holland & Knight.
2nd Circ. Kazakh Ruling Clarifies RICO Rule, FSIA Exception
The Second Circuit's recent Yerkyn v. Yakovlevich ruling, dismissing a Racketeer Influenced and Corrupt Organizations Act claim, demonstrates that RICO's domestic injury requirement is a merits question, and reaffirms the Foreign Sovereign Immunities Act's commercial activity exception, says Brant Kuehn at Greenspoon Marder.
When MDLs Drag, State Courts Can Speed Mass Tort Results
Understanding the structural dynamics that can delay resolution in multidistrict litigation is essential to understanding why a state court strategy is sometimes not merely attractive, but necessary for plaintiffs seeking timely and just outcomes, say attorneys at DiCello Levitt.
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.
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.