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Expert Analysis

• Tracking The Evolution In Litigation Finance

  

  Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

• Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools

  

  Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.

• How Courts Weigh Section 1782 Discovery For UPC Cases

  

  A look at cases from six different federal district courts reveals a number of discretionary factors that influence how courts consider Section 1782 discovery applications in connection with Unified Patent Court proceedings, say attorneys at Finnegan.

• How Calif., NY Could Fill Consumer Finance Regulatory Void

  

  California and New York have historically taken the lead in consumer financial protection, and both show signs of becoming even more active in this area during the second Trump administration amid an enforcement pullback at the federal level, say attorneys at Sidley.

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  Volunteer Firefighting Makes Me A Better Lawyer

  

  While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

• Unpacking FTC's New Stance On Standard-Essential Patents

  

  Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.

• Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration

  

  The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.

• Bid Protest Spotlight: Instructions, Price Evaluation, Standing

  

  In this month's bid protest roundup, Caitlin Crujido at MoFo looks at three recent decisions that consider a contractor's attempt to circumvent unambiguous solicitation instructions, the fairness of an agency's price evaluation and whether a protestor that would be unable to perform even if sucessful has standing.

• 5 Ways Banking Has Changed In 5 Years Since COVID

  

  Since the start of the pandemic five years ago, technology, convenience and shifting expectations have transformed compliance for the financial services industry in several key ways, from the shrinking role of the traditional bank branch to the rise of fintech and mobile payments, says Christopher Pippett at Fox Rothschild.

• E-Discovery Quarterly: The Perils Of Digital Data Protocols

  

  Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

• Mastering The New TCPA Opt-Out Regulations

  

  On April 11, the Federal Communications Commission's new rules concerning the handling of opt-out requests for robocalls and text messages became effective, so companies should prioritize high-value messaging, offer consumers regular opportunities to reconsent to communications, and more, says Aaron Weiss at Carlton Fields.

• A Look At M&A Trends In An Uncertain Deal Environment

  

  Dealmakers are adopting more cautious and deliberate merger and acquisition practices, such as earnout agreements, joint ventures and strategic partnerships that mitigate risk and bridge valuation gaps, amid the slower pace so far in 2025, says Louis Lehot at Foley & Lardner.

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  Law School's Missed Lessons: Preparing For Corporate Work

  

  Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

• Takeaways From Gov't Report On AI Copyrightability

  

  A recent report from the U.S. Copyright Office is a critical step toward establishing a framework for determining the copyrightability of work created in whole or in part by artificial intelligence systems, solidifying the office's positions on AI tools and advanced prompt techniques, say attorneys at Skadden.

• FTC Focus: Synthetic Data Yields Antitrust Considerations

  

  Attorneys at Proskauer explore the burgeoning world of synthetic data, the antitrust implications involved, the Federal Trade Commission's role in regulating this space and practical takeaways from these emerging issues.