Expert Analysis

• Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

  

  Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

• 5th Circ. Crypto Ruling Shows Limits On OFAC Authority

  

  The Fifth Circuit's recent decision that immutable smart contracts on the Tornado Cash crypto-transaction software protocol are not "property" subject to Office of Foreign Assets Control jurisdiction may signal that courts can construe OFAC's authority more restrictively after Loper Bright, say attorneys at Morgan Lewis.

• Risk Disclosure Issue Remains After Justices Nix Meta Case

  

  After full briefing and argument, the U.S. Supreme Court recently dismissed Facebook v. Amalgamated Bank as improvidently granted, leaving courts with the tricky endeavor of determining when the failure to disclose a past event in an Item 105 risk disclosure is materially misleading, say attorneys at Lowenstein Sandler.

• Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

  

  In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

• The Malpractice Perils Of Elder Abuse Liability

  

  Recent cases show that the circumstances under which an attorney may be sued for financial elder abuse remain unsettled, but practitioners can avoid these malpractice claims altogether by taking proactive steps, like documenting the process of evaluating a client's directives under appropriate standards, says Edward Donohue at Hinshaw & Culbertson.

• Fed. Circ. Ruling Shows Importance Of Trial Expert Specificity

  

  The Federal Circuit’s recent ruling in NexStep v. Comcast highlights how even a persuasive expert’s failure to fully explain the basis of their opinion at trial can turn a winning patent infringement argument into a losing one, say attorneys at Barnes & Thornburg.

• Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

  

  Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

• Justices Mull Sex-Based Classification In Trans Law Case

  

  After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case — a law banning gender-affirming healthcare for transgender adolescents — will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright.

• Corporate Liability Issues To Watch In High Court TM Case

  

  The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.

• Trending At The PTAB: Collateral Estoppel Continues Evolving

  

  We are starting to see brighter lines on collateral estoppel involving Patent Trial and Appeal Board proceedings, illustrated by two recent cases that considered whether collateral estoppel should apply to factual findings on prior art from the PTAB in a later district court litigation, say attorneys at Finnegan.

• Series

  Gardening Makes Me A Better Lawyer

  

  Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

• Takeaways From DOJ's Intervention On Pricing Algorithm Use

  

  A recent U.S. Justice Department amicus brief arguing that a Nevada federal judge wrongly focused on the nonbinding aspect of software company Cendyn Group's pricing algorithm underscores the growing challenge of determining when, if ever, pricing algorithms are legal, say attorneys at Rule Garza.

• ERISA Ruling Is A Win For DOL Regulatory Authority

  

  In Rappaport v. Guardian Life Insurance, a New York federal court recently issued a notable disability benefits ruling in finding that the U.S. Supreme Court’s Loper Bright opinion does not affect how existing U.S. Department of Labor regulations apply in Employee Retirement Income Security Act litigation, says Mark DeBofsky at DeBofsky Law.

• Litigation Inspiration: Reframing Document Review

  

  For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

• What Fed. Circ. Ruling Means For Patent Case Dismissals

  

  ​​​​​​​The Federal Circuit's recent decision in UTTO v. Metrotech is significant because it specifically authorizes district courts to dismiss patent infringement lawsuits without a separate Markman hearing, but only when the meaning of a claim term is clear and case-dispositive, says Peter Gergely at Merchant & Gould.