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Expert Analysis

• A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals

  

  The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.

• Series

  Law School's Missed Lessons: Skillful Persuasion

  

  In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.

• A Look At Trump 2.0 Antitrust Enforcement So Far

  

  The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.

• Breaking Down Novel Va. Social Media Law For Minors

  

  While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.

• Fed. Circ. Ingenico Ruling Pivotal For IPR Estoppel Landscape

  

  The Federal Circuit's recent decision in Ingenico v. Ioengine brings long-awaited clarity to the scope of inter partes review estoppel, confirming that a patent challenger is not precluded from relying on the same or substantially similar prior art in both IPR and district court proceedings, so long as it is used to support a different invalidity theory, say attorneys at Irwin IP.

• Litigation Inspiration: How To Respond After A Loss

  

  Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.

• Tips For Cos. From California Climate Reporting FAQ

  

  New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.

• How Patent Attys Can Carefully Integrate LLMs Into Workflows

  

  With artificial intelligence-powered tools now being developed specifically for the intellectual property domain, patent practitioners should monitor evolving considerations to ensure that their capabilities are enhanced — rather than diminished — by these resources, say attorneys at McDonnell Boehnen.

• How NJ's Proposed Privacy Rules Could Reshape AI Data Use

  

  Although not revolutionary, New Jersey's proposed privacy rules would create obligations around the management and processing of consumer personal data that will require careful planning before they can be successfully implemented, say attorneys at Norton Rose.

• The Metamorphosis Of The Major Questions Doctrine

  

  The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.

• New PTAB Denial Processes Grow More And More Confusing

  

  Guidance from the U.S. Patent and Trademark Office about the Patent Trial and Appeal Board's new workload management and discretionary denial processes has been murky and inconsistent, and has been further muddled by the acting director's seemingly contradictory decisions, say attorneys at Finnegan.

• Business Takeaways Following CCPA Enforcement Actions

  

  Advisories and recent enforcement activity by the California Privacy Protection Agency against Honda and Todd Snyder underscore the agency's enforcement interest in the intersection of data minimization and consumer rights, and could make it more challenging for a business to provide a streamlined consumer rights process, say attorneys at Covington.

• EU Space Act Could Stifle US Commercial Operators

  

  The EU Space Act, proposed last month, has the potential to raise global standards for safety and sustainability in space, but the U.S. and EU need to harmonize their regulatory approaches to avoid imposing regulatory burdens that undermine commercial innovation and agility, say Jessica Noble and Adriane Mandakunis at Aegis Space Law.

• 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.