Expert Analysis


Unpacking Trump Admin Plans For Value-Based Care

Recent developments from the Center for Medicare and Medicaid Innovation suggest the Trump administration intends to put its own stamp on value-based care, emphasizing cost savings assessment in particular, with its recent cancellation of several payment models that had supported primary care, says Miranda Franco at Holland & Knight.


Trending At The PTAB: A Pivot On Discretionary Denials

Following the U.S. Patent and Trademark Office's rescission of the 2022 Vidal memorandum and a reversion to the standards under Apple v. Fintiv, petitioners hoping to avoid discretionary denials should undertake holistic review of all Fintiv factors, rather than relying on certain fail-safe provisions, say attorneys at Finnegan.


Key Insurance Issues Likely To Arise From NY Superfund Law

The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.


SDNY Sentencing Ruling Is Boon For White Collar Defendants

Defense attorneys should consider how to maximize the impact of a New York federal court’s recent groundbreaking ruling in U.S. v. Tavberidze, which held that a sentencing guidelines provision unconstitutionally penalizes the right to a jury trial, says Sarah Sulkowski at Gelber & Santillo.


How Trump Policies Are Affecting The Right To Repair

Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.


Contract Disputes Recap: Terminations Galore

Attorneys at Seyfarth examine three recent decisions in which the Civilian Board of Contract Appeals and the Armed Services Board of Contract Appeals provide valuable insights into contract terminations, modifications and the jurisdictional requirements for claims.


How Attorneys Can Master The Art Of On-Camera Presence

As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.


Justices' TikTok Ruling Sets Stage For 1st Amendment Battle

The U.S. Supreme Court's landmark ruling upholding a law requiring TikTok's sale sets the stage for an inevitable clash between free speech and government interests and signals that future cases will turn on whether a regulation poses a substantial burden on speech, say attorneys at Dykema.


What Del. Corporate Law Rework Means For Founder-Led Cos.

Although the amendments to the Delaware General Corporation Law have proven somewhat divisive, they will provide greater clarity and predictability in the rules that apply to founder-led companies navigating transactions concerning controlling stockholders and responding to books-and-records requests, say attorneys at Munger Tolles.


Border Cash Transaction Rule Heralds Wider AML Crackdown

The Financial Crimes Enforcement Network’s new order for money services providers near the Mexican border to report cash transactions over $200 should warn financial institutions to prepare for the new administration's heightened scrutiny of cross-border transactions and anti-money laundering compliance, says Daniel Silva at Buchalter.


Patent Drafting Pointers From Fed. Circ. COVID Test Ruling

The Federal Circuit's recent decision in DNA Genotek v. Spectrum Solutions provides several best practice pointers for drafting and prosecuting patent applications, highlighting how nuances in wording can potentially limit the scope of claims or otherwise affect claim constructions, says Irah Donner at Manatt.


Series

Baseball Fantasy Camp Makes Me A Better Lawyer

With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.


2 Recent Federal Decisions Affecting State CIPA Cases

Two recent cases may help stem the tide of the ever-increasing number of California Invasion of Privacy Act complaints filed in federal court, but won't prevent plaintiffs from filing in state courts, so companies need to shift their focus from Article III standing to statutory standing, says Matthew Pearson at Womble Bond.


DOJ Immigration Playbook May Take Cues From A 2017 Case

A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.


Paul Atkins' Past Speeches Offer A Glimpse Into SEC's Future

Following Paul Atkins' Thursday Senate confirmation hearing, a look at his public remarks while serving as a commissioner at the U.S. Securities and Exchange Commission between 2002 and 2008 reveals eight possible structural and procedural changes the SEC may see once he likely takes over as chair, say attorneys at Covington.


NM Case Shows Power Of Environmental Public Nuisance Law

A recent ruling from a New Mexico appeals court finding that a pattern of environmental violations, even without any substantial impact on a nearby community, can trigger nuisance liability — including potential damages and injunctive relief — has important implications for regulated entities in the state, says Kaleb Brooks at Spencer Fane.


McKernan-Led CFPB May Lead To Decentralized Enforcement

Though Jonathan McKernan’s confirmation as director would likely mean a less active Consumer Financial Protection Bureau, the decreased federal oversight could lead to more state-led investigations, multistate regulatory actions and private lawsuits under consumer protection laws, says Jonathan Pompan at Venable.


How Fla. Is Floating A Raft Of Bills To Stem Insurance Woes

Proposed reforms that follow a report skewering Florida's insurance industry offer a step in the right direction in providing relief for property owners, despite some limitations, say attorneys at Farah & Farah.


Roundup

Adapting To Private Practice

In this Expert Analysis series, attorneys who have made the move from government work to private practice in the last few years reflect on how they transitioned to law firm life, and discuss tips for others.


Include State And Local Enforcers In Cartel Risk Evaluations

Any reassessment of enforcement risk following the federal designation of drug cartels as foreign terrorist organizations should include applicable state and local enforcement authorities, which have powerful tools, such as grand jury subpoenas and search warrants, that businesses would be wise to consider, say attorneys at King & Spalding.



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Special Series


My Hobby Makes Me A Better Lawyer

In this Expert Analysis series, attorneys share how their unusual extracurricular activities enhance professional development, providing insights and pointers that translate to the office, courtroom and beyond.




Adapting To Private Practice

In this Expert Analysis series, attorneys who have made the move from government work to private practice in the last few years reflect on how they transitioned to law firm life, and discuss tips for others.




Opinion


Congress Must Reform The PTAB To Protect Small Innovators

Lawmakers must reintroduce the Promoting and Respecting Economically Vital American Innovation Leadership Act or similar legislation to prevent larger companies from leveraging the Patent Trial and Appeal Board to target smaller patent holders, says Schwegman Lundberg's Russell Slifer, former deputy director of the U.S. Patent and Trademark Office.

Airlines Should Follow Treaty On Prompt Crash Payouts

In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.



Access to Justice Perspectives


The Growing Role Of Wearable Health Tech In Criminal Probes

The use of data from health-tracking devices such as Fitbits and Apple Watches as criminal evidence raises significant constitutional and reliability concerns, and practice tips for defense counsel include questioning the direct correlation between aberrant data and criminal behavior, say attorneys at Barclay Damon.





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