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Expert Analysis

• A Word On Ensuring Precision In Patent Claim Construction

  

  The Federal Circuit's recent decision in Express Mobile v. Meta Platforms, overruling the Patent Trial and Appeal Board's interpretation of the term "style," highlights the importance of articulating claim constructions that are as clear as possible, says Derrick Carman at Robins Kaplan.

• Unpacking Enforcement Challenges Of DOJ's Bulk Data Rule

  

  Now fully effective, the U.S. Department of Justice's new data security program represents the U.S.' first data localization requirement ripe for enforcement, but its implementation faces substantial practical challenges that may hinder the DOJ's ability for wide-ranging or swift action, say attorneys at Cleary.

• Defense Lessons From Freshworks' Win In Post-IPO Case

  

  A California federal court’s recent decision to grant Freshworks’ summary judgment bid in a proposed investor class action helpfully clarifies two important points for defendants facing postoffering securities claims under Section 11 of the Securities Act, say attorneys at Paul Weiss.

• Biotech Collaborations Can Ease Uncertainty Amid FDA Shift

  

  As concerns persist that the U.S. Food and Drug Administration's reduced headcount will impede developments at already-strapped biotech companies, licensing and partnership transactions can provide the necessary funding and pathways to advance innovative products, say attorneys at Troutman.

• Nuclear Stakeholders Must Prepare For Cyber Threats

  

  As the White House signals its support for a revival of nuclear power to supply the power needs of data centers and the artificial intelligence industry, investors and operators must keep in mind that safeguarding nuclear infrastructure from evolving cyber threats will be essential, say attorneys at A&O Shearman.

• Series

  Playing Mah-Jongg Makes Me A Better Mediator

  

  Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.

• Does Research Tool Safe Harbor Cover AI Drug Development?

  

  As artificial intelligence increasingly takes root in drug development, many questions may emerge regarding current gaps in courts' application of the research tool exception to the safe harbor defense against patent infringement, and whether that defense applies to AI-based tools, say attorneys at Arnold & Porter.

• Tips For Business Users After 2 Key AI Copyright Decisions

  

  Because two recent artificial intelligence copyright decisions from the Northern District of California — Bartz v. Anthropic and Kadrey v. Meta — came out mostly in favor of the developers using the plaintiffs' works to train large language models, business users should proceed with care, says Chris Wlach at Acxiom.

• Series

  Law School's Missed Lessons: Navigating Client Trauma

  

  Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.

• Copyright Takeaways From 2 Calif. GenAI Rulings

  

  Two California federal court decisions suggest that the fair use defense may protect generative artificial intelligence output, but given the ongoing war between copyright holders and AI platforms, developers should still consider taking steps to reduce legal risk, says Lincoln Essig at Knobbe Martens.

• 5 Things Manufacturing GCs Should Know About Cyber Risk

  

  Following a recent government report underscoring the growing cyber threat landscape for manufacturers, general counsel in the sector should be aware of the potentially broad consequences of a cyberattack, evolving notification systems and the need for incident response plans, say attorneys at Alston & Bird.

• Challenging A Class Representative's Adequacy And Typicality

  

  Recent cases highlight that a named plaintiff cannot certify a putative class action unless they can meet all the applicable requirements of the Federal Rules of Civil Procedure, so defendants should consider challenging a plaintiff's ability to meet typicality and adequacy requirements early and often, say attorneys at Womble Bond.

• Lawsuit, Exec Orders Should Boost Small Modular Reactors

  

  A lawsuit in Texas federal court and a set of new executive orders from the White House may finally push the U.S. Nuclear Regulatory Commission to allow for accelerated deployment of small modular reactors — a technology that could change the country's energy future, says Aleksey Shtivelman at Shutts & Bowen.

• Opinion

  4 Former Justices Would Likely Frown On Litigation Funding

  

  As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

• Congress Crypto Movement Could Bring CFTC 'Clarity' At Last

  

  The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.