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Expert Analysis
How To Turn EU AI Act Disclosures Into Patent Assets
As the Aug. 2 deadline approaches to comply with provisions of the EU Artificial Intelligence Act governing high-risk AI systems, intellectual property and AI leaders should consider steps to leverage documentation requirements to surface patentable subject matter, reinforce inventive-step narratives and align regulatory timelines with patent filing strategy, say Lestin Kenton, Roozbeh Gorgin and Ananth Josyula at Sterne Kessler.
Monetizing EV Charging Stations For Long-Term Success
An electric vehicle charging station's longevity hinges on monetizing operations through diverse revenue streams, contractual documentation of charge point operators' and site hosts' rights and responsibilities, and ensuring reliability and security of facilities, says Levi McAllister at Morgan Lewis.
Clarifying A Persistent Misconception About Settlement Talks
An Indiana federal court’s recent Cloudbusters v. Tinsley ruling underscores the often-misunderstood principle that Rule 408 of the Federal Rules of Evidence does not bar parties from referencing prior settlement communications in their pleadings — a critical distinction when such demands further a fraudulent or bad faith scheme, say attorneys at Hanson Bridgett.
Tick, Tock: Maximizing The Clock, Regardless Of Trial Length
Whether a judge grants more or less time for trial than an attorney hoped for, understanding how to strategically leverage the advantages and attenuate the disadvantages of each scenario can pay dividends in juror attentiveness and judicial respect, says Clint Townson at Townson Litigation.
How Policy Differences Affect Recovery From Cyberattacks
Careful attention to policy language and real-world operational realities can mean the difference between a partial and a full recovery after a cyberincident — particularly, how long the insurance policy will cover lost income and extra expenses incurred, and when that period ends, says Scott Godes at Barnes & Thornburg.
New Foreign Bribery Guide Can Help Int'l Cos. Identify Risks
In light of growing global coordination on anti-bribery enforcement, the International Foreign Bribery Taskforce’s recent guide to foreign bribery indicators represents a step forward in the standardization of factors for evaluating corruption risks that multinational companies should consider, say lawyers at Paul Weiss.
What DOJ's Focus On Trade Fraud Means For Cos.
The U.S. Department of Justice's announcement this week that it is elevating trade fraud to an economic and national security imperative sends an unmistakable message to multinational corporations, importers, compliance professionals and supply chain managers that the days of laissez-faire enforcement are over, says Markus Funk at White & Case.
How New Texas Law Streamlines Eviction Proceedings
A recent legislative change to the Texas Property Code overhauls the state's eviction process and makes it more difficult for nonpaying tenants to challenge evictions, likely yielding a faster and cheaper procedure that will encourage timely rent payment and lease compliance, says Maddison Craig at Munsch Hardt.
How States Are Using Antitrust Principles In Climate Litigation
While recent climate-related cases brought by state attorneys general in Michigan, Nebraska and Texas take different ideological positions, they are united by their embrace of classical antitrust principles and the traditional consumer welfare standard — but these cases deploy this framework in new ways, says Gwendolyn Lindsay Cooley at Lindsay Cooley Law.
Bank Action Items For FDIC Digital Display Rule Compliance
Recently finalized Federal Deposit Insurance Corp. rules enhance the flexibility of signage requirements for bank websites, digital banking applications and ATMs, but new compliance hurdles will require cross-functional resources to avoid risk ahead of next year's compliance deadline, say attorneys at Winthrop & Weinstine.
3 Cases Highlight SEC Distinction Between Exec, Co. Liability
Three recent enforcement actions against Spero Therapeutics, Lottery.com and Archer-Daniels-Midland demonstrate that while public companies are subject to liability for misrepresentations, the U.S. Securities and Exchange Commission is focused on individual liability when disclosure violations involve so-called half-truths, say attorneys at Cooley.
AI-Generated Doc Ruling Guides Attys On Privilege Risks
A New York federal court's ruling, in U.S. v. Heppner, that documents created by a defendant using an artificial intelligence tool were not privileged, can serve as a guide to attorneys for retaining attorney-client or work-product privilege over client documents created with AI, say attorneys at Sher Tremonte.
Exploring Good Faith And Bad Faith, From Dock To Doorstep
Evolving in different contexts, property and maritime insurance take almost opposite views on the foundational concepts of good faith and bad faith, but, as evidenced by two recent decisions, they dovetail on the idea that trust is the currency of risk, says Nicole Connors at Cozen O'Connor.
To Survive FCA Actions, Small Cos. Must Take Offensive Steps
A fumbled response to False Claims Act allegations can doom lower-middle-market businesses, and with FCA enforcement hitting record levels for two years, smaller companies must have offensive strategies ready that focus their limited resources on defeating civil qui tam and federal criminal actions, says Derrelle Janey at Olshan Frome.
How To Turn EU AI Act Disclosures Into Patent Assets
As the Aug. 2 deadline approaches to comply with provisions of the EU Artificial Intelligence Act governing high-risk AI systems, intellectual property and AI leaders should consider steps to leverage documentation requirements to surface patentable subject matter, reinforce inventive-step narratives and align regulatory timelines with patent filing strategy, say Lestin Kenton, Roozbeh Gorgin and Ananth Josyula at Sterne Kessler.
11th Circ. Ruling Offers Guidance On Compensable Work Time
In Villarino v. Pacesetter Personnel Service, the Eleventh Circuit recently ruled that commuting does not become compensable simply because an employer offers transportation, emphasizing that courts will examine whether employees retain meaningful choice and how policies operate, says Lauren Swanson at Hinshaw.
Breaking Down The Expanded Reach Of Florida Caller ID Bills
Both chambers of the Florida Legislature are currently considering bills that would impose strict caller identification requirements on companies doing business in the state, but as drafted, they reach far beyond bad actors, affecting any business that places calls or sends text messages to Florida consumers, say attorneys at Bradley Arant.
6 Things Bankers Need To Know About AI-Powered M&A
Artificial intelligence is now ingrained in banking mergers and acquisitions, and bankers should learn the key elements of the technology's competency and limits, such as that AI-enhanced reviews do not replace compliance, despite their speed and depth, say attorneys at Spencer Fane.
The Law Firm Merger Diaries: Leadership Strategy After Day 1
For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.
The Challenges Of Detecting Event Contract Manipulation
While concerns about possible manipulation and insider trading in event contracts have increasingly been raised by market observers, distinguishing a speculative position from a hedge and effective surveillance make regulation difficult, particularly as the U.S. Commodity Futures Trading Commission argues for exclusive jurisdiction to do so, say economic consultants at the Brattle Group.
How US Liability Law Is Becoming The Primary Regulator Of AI
Comprehensive federal AI regulation remains fragmented and uncertain — but U.S. courts, applying long-standing doctrines of liability and responsibility, are actively shaping how AI systems are designed, deployed and governed, and companies are aligning their AI practices because courts may hold them accountable if they do not, says Alexander Lima at Wesco International.
How New HSR Thresholds, Fees Could Affect Enforcement
While the Federal Trade Commission's new thresholds and filing fees for the Hart-Scott-Rodino Antitrust Improvements Act are not expected to materially affect the number of required HSR filings, or the percentage or focus of second requests, increased filing fees may give agencies dedicated resources to bring enforcement actions, say attorneys at Sidley.
DC Circ. Gag Order Rulings Reveal A Digital Privacy Paradox
A pair of rulings from the D.C. Circuit reveal a growing dilemma in digital privacy jurisprudence for investigative targets, technology companies and transparency advocates — even when courts set the bar higher for broad nondisclosure requests, the public may never be allowed to learn why orders get approved, say attorneys at RJO.
Record FCA Recoveries Signal Intensified Healthcare Focus
In its recently released False Claims Act statistics, the U.S. government's emphasis on record healthcare recoveries and government-initiated healthcare matters last year indicates robust enforcement ahead, though the administration's focus on current policy objectives also extends beyond the healthcare sector, say attorneys at Epstein Becker.
Fed. Circ. In Jan.: On The Validity Of Expert Testimony
The Federal Circuit's recent decision in Barry v. DePuy, addressing whether expert testimony is admissible even if it does not strictly adhere to the court's claim construction, suggests that exclusion via a Daubert motion is appropriate only when the line to improper testimony is clearly crossed, say attorneys at Knobbe Martens.
Special Series
My Hobby Makes Me A Better Lawyer
From quilting to clowning to raising miniature livestock, attorneys share how their unusual extracurricular activities enhance professional development.
Judges On AI
Do artificial intelligence tools have any practical judicial applications? In this Expert Analysis series, state and federal judges explore potential use cases for AI in adjudication and beyond.
Opinion
A TVPRA Safe Harbor Would Boost Antitrafficking Efforts
Adding a well-thought-out safe harbor measure to the Trafficking Victims Protection Reauthorization Act, which is currently up for amendment and reauthorization, would motivate proactive cooperation from hotels and other businesses to combat sex trafficking, say attorneys at Snell & Wilmer.
SNAP Rule Confusion Risks A Compliance Crisis
Recent Supplemental Nutrition Assistance Program food restriction waivers pose a compliance crisis for legal practitioners advising food retailers, amid higher costs and lack of a coherent national standard, says Tyson-Lord Gray at Yeshiva University’s Benjamin N. Cardozo School of Law.
Access to Justice Perspectives
3 Reforms To Help Pro Se Litigants Tackle Family Court Forms
Self-represented family court litigants must navigate the often-bewildering process of finding, completing and filing the correct form, so courts and policymakers should consider several ways to make the process more accessible, says Caroline Rogus at Drexel University.