Expert Analysis

• Future Of NFTs Uncertain As SEC Takes Hawkish Approach

  

  The U.S. Securities and Exchange Commission's recent and first non-fungible token enforcement action against Impact Theory raises questions about the future of digital assets and the SEC's broad interpretation of securities law, and there will be no safe space for digital assets until courts or Congress clarify the issue, says Alex More at Carrington Coleman.

• Law Firm Professional Development Steps To Thrive In AI Era

  

  As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

• Series

  In A 'Barbie' World: How To 'Grow Up' IP With Fan Creations

  

  As seen with the recent popularity of the "Barbie" movie, adults are increasingly engaging with child-oriented intellectual property — and previous legal battles between toy-makers and entertainers over fan creations offer lessons in determining when to fight infringement and when to embrace expanded target audiences, says Seokin Yeh at Cole Schotz.

• A Closer Look At Another HBCU Race Bias Suit Against NCAA

  

  The National Collegiate Athletic Association's Academic Performance Program has become a lightning rod for scrutiny, as seen in the recently filed class action McKinney v. NCAA — where statistics in the complaint raise questions about the program's potential discriminatory impact on student-athletes at historically Black colleges and universities, say attorneys at Troutman Pepper.

• 'Blind Side' Family Case Is A Cautionary Tale For Attorneys

  

  Former NFL player Michael Oher's recent allegations against Sean and Leigh Anne Tuohy that they never legally adopted him and tricked him into conservatorship — which paint a very different picture than the 2009 film "The Blind Side" — demonstrate the importance of attorney due diligence and safeguards against abuse of process, says Roland Weekley at Smith Gambrell.

• The Basics Of Being A Knowledge Management Attorney

  Excerpt from Practical Guidance

  

  Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

• To Hire And Keep Top Talent, Think Beyond Compensation

  

  Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

• Perspectives

  More States Should Join Effort To Close Legal Services Gap

  

  Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

• Identifying Trends And Tips In Litigation Financing Disclosure

  

  Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

• The NIL Legislation Race: CAPCA And The PASS Act

  

  Christina Stylianou and Gregg Clifton at Lewis Brisbois compare the College Athletes Protection and Compensation Act and the Protecting Athletes, Schools, and Sports Act — two of the latest bills introduced to federally regulate publicity rights for the name, image and likeness of college student-athletes.

• Series

  The Pop Culture Docket: Judge Elrod On 'Jury Duty'

  

  Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

• Pickleball Makes Waves In Fla. Real Estate, With Risks In Play

  

  Pickleball's burgeoning popularity in Florida is catalyzing a transformation in the state's commercial real estate market, but investors must take steps to navigate legal challenges related to noise, insurance and community dynamics, says Emmanuelle Litvinov at DarrowEverett.

• 4 Business-Building Strategies For Introvert Attorneys

  Excerpt from Practical Guidance

  

  Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

• Opinion

  Has The NCAA Not Learned NIL Policy Lessons Of The Past?

  

  The NCAA has applied its heavy hand — which has been slapped back by courts and legislatures — again, saying that colleges must comply with its name, image and likeness policies even if they conflict with state laws, but recent antitrust decisions might caution against its reasoning, says Kenneth Jacobsen at Temple University.

• Opinion

  3 Ways Justices' Disclosure Defenses Miss The Ethical Point

  

  The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.