Expert Analysis


A Framework For Habeas Relief After 5th Circ. Bond Ruling

Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.


What Jury Holdouts Can Teach Trial Lawyers About Strategy

Though a hung jury can be a disappointment, a psychological understanding of jury holdouts can help trial lawyers shape their damages arguments and understand leadership and group composition as a function of jury selection, says Clint Townson at Townson Litigation.


4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.


Model Jury Instructions Provide Next Step In Aligning DTSA

As the Defend Trade Secrets Act turns 10, new model jury instructions published by the Sedona Conference map emerging issues and jurisdictional splits, representing a significant step toward harmonizing DTSA trial practice, says Amy Candido at Simpson Thacher.


'Mobile' Sources For On-Site Generation May Be A Risky Bet

The U.S. Environmental Protection Agency is considering treating large on-site generators used at data centers as mobile rather than stationary sources under the Clean Air Act, a significant policy change that would leave developers that adopt this solution at risk of regulatory reversals, say attorneys at Ballard Spahr.


AI Investment Advice May Fail Investor Protection Rules

Based on an ongoing study of artificial intelligence platforms' investment advice given to retail investors, direct access to AI may not yield recommendations for typical households that are suitable under relevant securities rules, raising new and important issues in the regulation of financial markets, says Bruce Carlin at Rice University.


Startup Founder Disputes Increasingly Turn On Governance

Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.


Food Kiosk Merger Offers FTC Insights For Dealmakers

The Federal Trade Commission's recent approval of 365 Retail Markets' merger with fellow food-kiosk provider Cantaloupe balances structural divestiture with behavioral provisions, emphasizing the role of early engagement by the parties and the importance of tailored remedies in concentrated markets, say attorneys at Freshfields.


Perspectives

Negotiating Power Imbalance In Pro Bono Client Relationships

The inherent power advantage of an attorney in a client relationship is magnified in pro bono representation, but lawyers can help ease this imbalance by implementing several principles, such as sharing control, identifying resource barriers and more, says Alicia Aiken at PLI.


Exploring The Legal Gray Area Around AI Voices In Music

The growing prevalence of AI music on online platforms highlights unique legal questions and ambiguities surrounding the usage of artificial intelligence to create accurate voice clones of existing singers, says Michael Maicher at Volpe Koenig.


3 AI Adoption Mistakes GCs Should Avoid

The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.


Framing AI Risk Management In The Art World

With gallery professionals indicating a widening gap between operational adoption of artificial intelligence and cultural acceptance of AI as an art medium, certain intellectual property, privacy and governance considerations are becoming critical for art industry stakeholders, say attorneys at Holland & Knight.


Sentencing Tips For Defending Crypto Conspiracy Cases

The sentencing of Evan Tangeman to 70 months in federal prison for laundering money in a cryptocurrency conspiracy illustrates that defense attorneys representing clients in multidefendant crypto cases need to understand the mechanics of conspiracy liability, loss attribution and restitution exposure before they reach the sentencing table, says Joseph De Gregorio at Sentencing Advocacy.


Series

Playing Basketball Makes Me A Better Lawyer

My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.


AG Watch: Reconciling 2 Maryland Data Privacy Statutes

In-house counsel should map the interplay between the Maryland Online Data Privacy Act's strictly necessary standard to deliver a requested service, and the Protection From Predatory Pricing Act's exemption of consent-based pricing within loyalty programs, before the state attorney general begins enforcement on the latter in October, says Erek Barron at Mintz.


Mindful Severance Clause Tips Before NLRB Rethinks Limits

The National Labor Relations Board's recent decision in Prime Communications hinted that it may reconsider the legality of nondisparagement and confidentiality provisions in severance agreements, but with McLaren Macomb in effect for now, employers should consider whether such protections are necessary in every agreement, says Daniel Johns at Cozen O'Connor.


EPA Listing Signals New Scrutiny Of Drugs In Drinking Water

The recent publication of the U.S. Environmental Protection Agency's latest draft drinking water contaminant list highlights pharmaceuticals as a category of concern, marking the start of a process that could shape future research priorities, monitoring requirements, and federal and state actions, say attorneys at Morgan Lewis.


New Cuba Sanctions Raise Risks For Foreign Banks, Cos.

President Donald Trump's bold move leveling secondary sanctions against Cuba expands enforcement risk for foreign banks and companies with no U.S. nexus, signaling that non-U.S. businesses should reassess related transactions, counterparties and exposure as regulators test this broader authority, say attorneys at Troutman.


How Del. Courts Will Likely Evaluate AI Oversight Claims

While no Delaware court has thus far adjudicated a claim based on alleged board failures to oversee artificial intelligence risk, recent Court of Chancery decisions suggest that familiar Caremark principles will be applied in predictable but consequential ways, particularly when AI touches mission‑critical operations, say attorneys at WilmerHale.


SEC Clarifies 'Baby Shelf' Restrictions For Small Cos.

For smaller public companies looking to access the capital markets, the so-called baby shelf requirements can be a significant limitation, but recent guidance from the U.S. Securities and Exchange Commission helps to alleviate the effect of subsequent baby shelf restrictions on an at-the-market facility, say attorneys at Faegre Drinker.



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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


5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

USPTO Must Address The Right Question In Sanofi Case

The U.S. Patent and Trademark Office Appeals Review Panel's questions in Ex parte Baurin indicate recognition of broader doctrinal issues, but rather than approaching from separate angles, the panel should concentrate on a single fundamental question about obviousness-type double patenting, says Jeremy Lowe at Spencer Fane.



Access to Justice Perspectives


Negotiating Power Imbalance In Pro Bono Client Relationships

The inherent power advantage of an attorney in a client relationship is magnified in pro bono representation, but lawyers can help ease this imbalance by implementing several principles, such as sharing control, identifying resource barriers and more, says Alicia Aiken at PLI.