Expert Analysis


How AstraZeneca Ruling Could Change Dosage Patent Claims

If affirmed on appeal, the rationale employed by the Delaware federal court in Wyeth v. AstraZeneca to find "unit dosage"-related patent claims invalid could lead to a significant paradigm shift in how active-ingredient-focused patent applications are drafted and litigated, say Matthew Zapadka and John Schneible at Arnall Golden.


What Cos. Can Learn from Water Microplastics Class Actions

Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.


$3B TD Bank AML Settlement Is A Wake-Up Call For All Banks

TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.


What Trump Presidency May Mean For Climate Reporting

While the Trump administration will likely take a hands-off approach to climate-related disclosures and rescind regulations promulgated under the Biden administration, state and international ESG laws mean the private sector may not reverse course on such disclosures, say attorneys at Seyfarth.


Expect Surging Oil And Gas Industry Under New Trump Admin

Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.


Timing Of An NLRB Power Shift Hinges On Biden Nominees

President-elect Donald Trump seems certain to shake up the National Labor Relations Board's prounion Democrat majority, but the incoming president's timing depends on whether the current Senate confirms two pending nominees to board positions, say attorneys at Fox Rothschild.


6th Circ. Ruling Prevents Disability Insurer Overreach

The Sixth Circuit’s recent ruling in McEachin v. Reliance Standard Life Insurance offers disability insurance claimants guidance on how they might challenge misapplications of policy limitations for mental illness when a medical condition accounts for their disability, says Mark DeBofsky at DeBofsky Law.


Medicare Overpayment Rules Are A Mixed Bag For Providers

The Centers for Medicare & Medicaid Services' updated rules for handling agency overpayments adopt a more reasonable definition of what it means to have "identified" an overpayment, which is a win for providers, but their new time frame for investigating related overpayments is unrealistic, says Susan Banks at Holland & Knight.


SEC Action Indicates Continued Focus On ESG Disclosures

The U.S. Securities and Exchange Commission's recently settled enforcement action against Invesco Advisers provides a road map for how regulatory agencies will continue to focus on ESG-related disclosures going forward, and underscores a focus on greenwashing, say attorneys at V&E.


Bid Protest Spotlight: Unclear Criteria, Data Rights, Conflicts

Liam Bowers at MoFo examines three recent decisions from the U.S. Government Accountability Office and the U.S. Court of Federal Claims examining the use of unstated evaluation criteria, an agency's investigation of its own data rights and unequal access to information about an organizational conflict of interest.


Hurricane Coverage Ruling Clarifies Appraisal Scope In Fla.

In a case involving property insurance for hurricane damage, a Florida federal court recently enforced policy limits despite an appraisal award exceeding those limits, underscoring the boundaries between valuation and coverage — a distinction that provides valuable guidance for insurers handling post-catastrophe claims, says Tiffany Bustamante at Cozen O’Connor.


FERC's Reactive Power Compensation Cutoff Is No Shock

While the Federal Energy Regulatory Commission's recent final rule ending compensation for reactive power provided within the standard power factor range will mean less revenue for some generators, it should not come as a surprise, since FERC has long signaled its interest in this shift, says Linda Walsh at Husch Blackwell.


Failed W.Va. Patent Challenge Reveals Secret Prior Art's Risks

A West Virginia federal court's recent ruling — that references used by a patent challenger to establish an ordinarily skilled artisan's existing knowledge must be published before a patent's filing — may discourage claim construction challenges based on secret prior art and steer drafters away from externally defined terms, says Brianna Potter at Baker Botts.


Navigating Decentralized Clinical Trials With FDA's Guidance

The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.


Unpacking The CFPB's Personal Financial Data Final Rule

The Consumer Financial Protection Bureau's personal financial data rights rule includes several important changes from the proposed rule, and hundreds of pages of supplementary information that provide important insights into the manner in which the bureau will enforce the final rule, say attorneys at Sidley.


5 Tips For Complying With NLRB Captive Audience Ban

The National Labor Relations Board’s recently ruled that so-called captive audience meetings violate federal labor law, representing a radical shift in precedent and creating new standards for employers to follow when holding workplace meetings where union representation will be discussed, say attorneys at Fisher Phillips.


4 Ways Attorneys Can Emotionally Prepare For Trial

In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.


The Bar Needs More Clarity On The Discovery Objection Rule

Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.


Key Plaintiff Litigation Strategies For Silicosis Lawsuits

A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.


Trump Faces Uphill Battle If He Tries To Target Prosecutors

On the campaign trail, President-elect Donald Trump promised to go after the state and federal prosecutors who had investigated and prosecuted him, but few criminal statutes would be applicable — to say nothing of the evidence required to substantiate any charges against prosecutors, says William Johnston at Bird Marella.



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Attorneys discuss how their unusual extracurricular activities enhance professional development, providing insights and pointers that translate to the office, courtroom and beyond.




After Chevron

Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.




Opinion


Why States Should Adopt ABA's 'Duty To Inquire'

State bars should codify the American Bar Association's proposed rule on a lawyer's duty to scrutinize each representation as it provides guardrails for lawyers, supports self-regulation of the profession, and helps avert money laundering and other crimes, says Deborah Winokur at Cozen O'Connor.

The Right Kind Of Deregulation In Commercial Airline Industry

Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.



Access to Justice Perspectives


2 Ways To Boost Court Flexibility, Improve Appearance Rates

Millions of people miss their court dates every year, leading to arrest warrants and snowballing consequences, but allowing for flexible scheduling and offering grace periods can promote appearance rates, improve court efficiency, and increase access to justice, say Shannon McAuliffe and Cameron French at ideas42.





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