Expert Analysis

• How A 9th Circ. Identicality Ruling Could Affect AI Cos.

  

  If the Ninth Circuit agrees to settle a district court split over whether the Digital Millennium Copyright Act requires a copy to be identical to an original to support an actionable claim for removing copyright management information, the decision could have important ramifications for artificial intelligence businesses, says Maria Sinatra at Venable.

• Bid Protest Spotlight: Standing, Relationships, Responsibility

  

  In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office, offering helpful reminders about claims court jurisdiction and standing, meaningful-relationship commitment letters, and responsibility determinations.

• The State Of USPTO Rulemaking At The End Of Vidal's Term

  

  As U.S. Patent and Trademark Office director, Kathi Vidal placed a particular emphasis on formal rulemaking — so as she returns to private practice this week, attorneys at Irell take stock of which of her proposals made it across the finish line, and where the rest stand on the cusp of a new administration.

• What Loper Bright And Trump 2.0 Mean For New Transpo Tech

  

  The U.S. Supreme Court's recent ruling in Loper Bright Enterprises v. Raimondo, combined with the incoming Trump administration's deregulatory agenda, will likely lead to fewer new regulations on emerging transportation technologies like autonomous vehicles — and more careful and protracted drafting of any regulations that are produced, say attorneys at Venable.

• 'Minimal Participant' Bar Is Tough To Clear For Whistleblowers

  

  Under the U.S. Department of Justice’s corporate whistleblower pilot program, would-be whistleblowers will find it tough to show that they only minimally participated in criminal misconduct while still providing material information, but sentencing precedent shows how they might prove their eligibility for an award, say attorneys at MoloLamken.

• 2024 IPO Market Trends, And What To Expect Next Year

  

  The initial public offering market returned to historically typical levels on a deal count basis in 2024 but continued to lag based on proceeds raised due to a larger number of smaller IPOs this year, and signs point to continued ongoing momentum in the next year, say attorneys at Paul Hastings.

• Preparing For More Limber Federal Supply Chain Oversight

  

  Ahead of the Federal Acquisition Security Council Improvement Act, which would speed up federal acquisition security risk investigations and federal procurement bans, companies should take steps to identify indirect involvement with foreign adversaries in their supply chains and prepare to respond quickly to a FASC recommendation, say attorneys at Morgan Lewis.

• What A Motorcycle IP Case Says About Parallel Int'l Litigation

  

  A Texas federal court recently rejected an electric motorcycle manufacturer's attempt to dismiss a design patent suit in the U.S. and limit the litigation to China, illustrating the challenges in trying to counter a parallel litigation strategy, say attorneys at King & Wood.

• What 2024 Trends In Marketing, Comms Hiring Mean For 2025

  

  The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

• California's New AV Law May Steer Policy Nationwide

  

  California's new law establishing various requirements for autonomous vehicles is something other states should pay close attention to — especially because the Golden State's policies may become a de facto mandate for manufacturers due to its market size, says Vineet Dubey at Custodio Dubey.

• Navigating The Minefield Of Patenting AI-Generated Inventions

  

  For businesses and individuals trying to patent inventions partially developed with assistance from artificial intelligence — like software that's been coded by AI — recordkeeping and diligent documentation are of paramount importance when seeking patent protection, says Robert Plotkin at Blueshift IP.

• How Trump's Tariff Promises May Play Out In 2nd Term

  

  While it is unclear which of President-elect Donald Trump's promised tariffs he intends to actually implement in January, lessons from his first administration, laws governing executive action and U.S. trade agreements together paint a picture of what may be possible, say attorneys at Butzel.

• Series

  Group Running Makes Me A Better Lawyer

  

  The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

• Marketing Messages Matter In State AG Consumer Protection

  

  Attorneys general interpret marketing claims far more broadly than many companies may realize, so to mitigate potential risk, businesses should be vigilant about all consumer messaging, including communications that may not traditionally be considered advertising in the colloquial sense, say attorneys at Cozen O'Connor.

• How White Collar Defense Attys Can Use Summary Witnesses

  

  Few criminal defense attorneys have successfully utilized summary witnesses in the past, but several recent success stories show that it can be a worthwhile trial tactic to help juries understand the complex decision-making at issue, says Jonathan Porter at Husch Blackwell.