Expert Analysis

• Spartan Arbitration Tactics Against Well-Funded Opponents

  

  Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

• Md. May See Vigorous Resale Price Maintenance Enforcement

  

  In Maryland, indications of a new focus on resale price maintenance agreements are significant because state prosecution in this area has been rare, particularly outside California, say attorneys at DLA Piper.

• CSA Case Could Shift Intrastate Commercial Cannabis

  

  In Canna Provisions v. Merrick Garland, cannabis companies argue that the Controlled Substances Act is unconstitutional as applied to intrastate commercial cannabis activity; the Massachusetts federal court's eventual decision will be important to the cannabis industry for several reasons, including that the threat of federal enforcement would disappear overnight, says Hilary Bricken at Husch Blackwell.

• What Recent Study Shows About AI's Promise For Legal Tasks

  

  Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

• Shaping Speech Policies After NLRB's BLM Protest Ruling

  

  After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

• Tips On Numerical Range From Fed. Circ. Philip Morris Ruling

  

  The Federal Circuit's recent RAI v. Philip Morris decision that a patent provided sufficient written description to support a claimed numerical range offers several takeaways for practitioners, including the need for a cautious approach to criticism of ranges, say attorneys at BCLP.

• Fed. Circ. Patent Lesson: No Contradiction, No Indefiniteness

  

  The Federal Circuit’s recent ruling in Maxwell v. Amperex Technology highlights the complexities of construing patent claims when seemingly contradictory limitations are present, and that when a narrowing limitation overrides a broader one, they do not necessarily contradict each other, says Roy Wepner at Kaplan Breyer.

• Legal Considerations For Circular Economy Strategies

  

  As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.

• 11th Circ. FMLA Ruling Deepens Divide Over Causation

  

  The Eleventh Circuit's recent ruling in Lapham v. Walgreen distinguishes the circuit as the loudest advocate for the but-for causation standard for assessing Family and Medical Leave Act retaliation claims, though employers in other jurisdictions may encounter less favorable standards and the U.S. Supreme Court will likely have to address the circuit split eventually, say attorneys at Benesch.

• 2nd Circ.'s Nine West Ruling Clarifies Safe Harbor Confusion

  

  The Second Circuit’s recent ruling in Nine West’s Chapter 11 suit clarifies that courts in the circuit will apply a transfer-by-transfer analysis to determine the applicability of Section 546(e) of the Bankruptcy Code, and that to be safe harbored, a financial institution must act as an agent with respect to the specific transfer at issue, says Leonardo Trivigno at Carter Ledyard.

• Enforcement Risk Amid Increased Consumer Data Use

  

  While no state has introduced a private right of action for noncompliance with a comprehensive consumer privacy law — except for the California Consumer Privacy Act's data breach provision — organizations and retailers face risk from enforcement actions by state attorneys general and privacy regulators, say attorneys at Dentons.

• Litigation Inspiration: A Source Of Untapped Fulfillment

  

  As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

• Opinion

  The Problems In Calif. Draft Behavioral Ad Privacy Regs

  

  The California Privacy Protection Agency has an opportunity with its automated decision-making technology and profiling rulemaking to harmonize California's regulation of data-driven advertising, but this will be a failure unless several things are changed in its proposed treatment of behavioral advertising, say Alan Friel and Kyle Fath at Squire Patton.

• A New Push To Clear Up Marijuana's Foggy Legal Status

  

  A recently publicized U.S. Food and Drug Administration recommendation to reschedule marijuana has reignited discourse over the drug's federal legal status — and although rescheduling would mitigate the legal risks for the industry and drastically increase the resources available for industry participants, the path forward will not be clear cut, say Joseph Cioffi and Louis DiLorenzo at Davis+Gilbert.

• Series

  Skiing Makes Me A Better Lawyer

  

  A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.