Expert Analysis

• Considering The Risks That Arise When IP Outlives Its Owner

  

  Federal and state court decisions show that the statutory regime for each category of intellectual property promises continuity after the owner's death, but the law does not provide a succession framework for how those rights are to be exercised, says Erin Daly at Daly Law & Strategy.

• Proposed Oracle Act Tests NY's Prediction Markets Clout

  

  New York's proposed Oracle Act could if passed force a high-stakes showdown over event contracts in the prediction markets as well as state gambling laws, and legal practitioners should closely monitor litigation, parallel developments in other states, Commodity Futures Trading Commission rulemaking and congressional action, says Linda Goldstein at CM Law.

• How A High Court Music Piracy Ruling Shrinks ISP Liability

  

  The U.S. Supreme Court's recent opinion in Cox Communications Inc. v. Sony Music Entertainment, which concerned the boundaries of contributory copyright infringement for internet service providers, dramatically lessens both the risk that an ISP will be held contributorily liable and, relatedly, the incentives an ISP may have to help combat online copyright infringement, say attorneys at Debevoise.

• Opinion

  AI Presents A Make-Or-Break Moment For Outside Counsel

  

  The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

• Grammarly Suit Flags Right Of Publicity As Key AI Issue

  

  Angwin v. Superhuman Platform, filed recently in New York federal court against the parent company of Grammarly, highlights an overlooked question for any company using artificial intelligence — whether someone's identity has been used for commercial purposes without consent, possibly violating rapidly shifting state right-of-publicity laws, says Nicholas Schneider at Eckert Seamans.

• Series

  Watching Hallmark Movies Makes Me A Better Lawyer

  

  I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

• Fed. Circ. In February: When Grammar Trumps Patent Specs

  

  The Federal Circuit's decision in Netflix v. DivX last month highlights the challenge of interpreting potentially misplaced modifiers in complicated technological patents, and the potential for grammatical rules to provide a default interpretation for unclear claim language, say attorneys at Knobbe Martens.

• How 2 Decisions Reframed Witness-Centered Trials

  

  The recent Maryland federal jury verdict in U.S. v. Goldstein and the U.S. Supreme Court decision in Villarreal v. Texas suggest that the traditional paradigm of American civil trial practice, with its emphasis on witness performance and assertive advocacy, may not reflect the ideal approach for the modern courtroom, says Joshua Robbins at Crowell & Moring.

• 5 Tips For Navigating Your Firm's All-Attorney Summit

  Excerpt from Practical Guidance

  

  Law firm retreats should be approached strategically, as they present valuable opportunities to advance both the firm's objectives and attorneys' professional development through meaningful participation, building and strengthening internal relationships, and proactive follow-up, says James Argionis at Cozen O’Connor.

• What's At Stake In High Court's Venue Dispute Case

  

  The U.S. Supreme Court’s eventual ruling in Abouammo v. U.S. could fundamentally reshape venue rules for federal criminal prosecutions, highlighting why defense counsel should ensure preservation of colorable venue challenges, particularly where the government's chosen forum lacks a direct connection to the defendant's physical acts, say attorneys at ArentFox Schiff.

• Meta Coverage Ruling Could Erode Broad Duty To Defend

  

  A Delaware court recently decided that Meta's insurers need not defend the company from lawsuits alleging addictive platform design — a troubling decision for policyholders that, if upheld, warns that insureds' business decisions can be weaponized to deny a duty to defend, say attorneys at Anderson Kill.

• Series

  Coaching Soccer Makes Me A Better Lawyer

  

  Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

• Winter Olympics Put The Spotlight On IP Issues

  

  This year's Winter Olympics generated a handful of intellectual property controversies that highlight the key considerations that should be kept in mind when using creative works at sporting events, says attorneys at Squire Patton.

• Series

  Law School's Missed Lessons: The Human Element

  

  Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

• Why Prediction Market Regulation Is At Major Inflection Point

  

  As prediction markets experience tremendous growth and rapid mainstream adoption, regulators have begun to exercise enforcement authority to ensure market integrity and protect participants, though forthcoming guidance will shed light on how aggressively the agencies will police the fast-changing landscape, say attorneys at Latham.