Cover Story

The patent world is at a moment of change. A tremendous amount of thought, financial investment, and political capital is being devoted to transforming patents into assets that are central to the economy, international trade, and national defense. The incentives for obtaining and aggressively monetizing patents are increasing. In contrast, defending a patent litigation is becoming more difficult and the stakes are higher. Companies that take steps now to navigate these changes may be rewarded with significant competitive advantages.

Since enactment of the Bankruptcy Code, certain types of claims continue to be vigorously litigated, perhaps because adjudication requires a fact-intensive analysis by the court. In the commercial real estate sector, such examples include landlord-tenant commercial real estate lease claims and the disposition of environmental cleanup claims under state and federal law.

Many single asset real estate (SARE) bankruptcies will check some or all of the boxes for a bad faith filing. The timing of a SARE filing commonly suggests an intent to delay, as SARE filings are generally a last resort to stay foreclosure. Nevertheless, courts may be reluctant to dispose of these cases as bad faith filings, absent particularly egregious circumstances evidencing patent abuse of the bankruptcy process.

This year has seen a wave of proposed bills in state legislatures across the United States aimed at regulating foreign-influenced political activity at the state level. While stylized to mirror portions of the Foreign Agents Registration Act (FARA), in reality, many of these laws are broader than FARA and lack the core exemptions that companies may have grown accustomed to relying upon.

Many law firms are fixated on insuring they choose the right service provider. Granted the right partner is important, however it’s not the service provider you select; it’s how that service provider is managed that determines success.

Law firms, based on precedent, steeped in tradition, and historically resistant to disruption, often struggle with change management. Yet, in today’s rapidly evolving legal landscape, adapting to new technologies, processes and client expectations is no longer optional — it’s essential for survival.

While the amount of AI legislation introduced in various states is relatively limited, the scope of issues being legislated is quite broad. Despite the many uncertainties that remain to be clarified, there are actually many parallels between how data privacy laws took shape five years ago, and how AI legislation is developing today.

This two-part article discusses the proof required for information to be considered a trade secret under U.S. statutory law, and includes detailed insight into the six-factor test outlined in the Restatement of Torts. Part One includes the evolving tests for determining a trade secret.