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Expert Analysis

• Bid Protest Spotlight: Size, Supply Schedules, SINs

  

  In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions, two of which offer helpful reminders for U.S. General Services Administration schedule holders drafting blanket purchase agreement proposals, and one for small-business joint ventures to avoid running afoul of the U.S. Small Business Administration's two-year rule.

• 4th Circ. Latest To Curb Short-Seller Usage In Securities Suits

  

  The Fourth Circuit's recent decision in Defeo v. IonQ will serve as a powerful and persuasive new precedent for corporate defendants as courts continue curtailing securities class action plaintiffs' use of short-seller reports to plead federal securities law claims, say attorneys at Alston & Bird.

• $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

  

  A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

• Only Certainty About FAR Reform Order Is Its Uncertainty

  

  The president’s recent order overhauling the Federal Acquisition Regulation, which both contractors and agencies rely on to ensure predictability and consistency in federal procurement, lacks key details about its implementation, which will likely eliminate many safeguards that ensure contractors are treated fairly and that procurements are awarded in a reasonable manner, say attorneys at Miles & Stockbridge.

• Maintaining Legal Compliance For GenAI In Life Sciences

  

  As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.

• Trending At The PTAB: The Influence Of Litigation Arguments

  

  Recent decisions from the Patent Trial and Appeal Board shed light on the varying extent to which the board considers patent owners' district court arguments, particularly with respect to the meaning of claim terms, say attorneys at Finnegan.

• Series

  Teaching Business Law Makes Me A Better Lawyer

  

  Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

• Choosing A Road To Autonomous Vehicle Compliance

  

  As autonomous vehicle manufacturers navigate the complex U.S. regulatory landscape, they may opt for different approaches to following federal, state and local rules and laws, as they balance the tradeoffs between innovation, compliance and speed of deployment, say attorneys at Sidley.

• Gauging Professional Sport Biometric Data Privacy Concerns

  

  In today's data-driven sports industry, teams, leagues and sponsors increasingly rely on biometric and performance data to enhance player performance, prevent injuries and optimize contract negotiations, but this growing reliance on highly sensitive data raises significant legal and privacy concerns, particularly in light of evolving biometric privacy laws, say attorneys at Foley & Lardner.

• Deregulation Memo Presents Risks, Opportunities For Cos.

  

  A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.

• Action Steps To Prepare For Ramped-Up Export Enforcement

  

  In light of recent Bureau of Industry and Security actions and comments, companies, particularly those with any connection to China, should consider four concrete steps to shore up their compliance programs given the administration's increasingly aggressive approach to export enforcement, say attorneys at Gibson Dunn.

• Series

  Law School's Missed Lessons: Mastering Discovery

  

  The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

• What Cos. Need To Know About EU's AI Action Plan

  

  The European Commission’s recently unveiled artificial intelligence continent action plan aims to position the European Union as a global AI leader, but with tension surrounding the EU AI Act’s compliance obligations, organizations should prepare for potential regulatory divergence between the plan's pro-innovation approach and the act's more prescriptive regime, says Marc Martin at Perkins Coie.

• Web Tracking Ruling Signals Potential Broadening Of CCPA

  

  The Northern District of California's recent decision in Shah v. Capital One Financial Corp. is notable, as it signals a potential broadening of the California Consumer Privacy Act's private right of action beyond data breaches to unauthorized, nonbreach disclosures involving the use of now-ubiquitous tracking technologies, say attorneys at Baker Donelson.

• Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling

  

  The Federal Circuit’s recent decision in Recentive Analytics v. Fox, a case of first impression affirming the invalidity of patents that applied general machine learning methods to conventional tasks, serves as a cautionary guide for patent practitioners navigating the complexities of machine learning inventions, say attorneys at Foley & Lardner.