In this week's Legal Speak episode, James Whittle with the American Property Casualty Insurance Association dives into the impact of what the organization has dubbed "legal system abuse" as social inflation—the belief that large corporations are "bad actors with deep pockets"—helps fuel "nuclear" verdicts.

Swiss patent law firm Da Vinci Partners sued Kili Technology for trademark infringement and unfair competition over the naming of its generative AI-powered patent drafting tool davinci, arguing the lines between "goods" and "services" have blurred. This case was first surfaced by Law.com Radar.

"[S]houldn't the output stand on its own—whether it was drafted by a robot, a first year associate, or an experienced partner?" said John Nalbandian.

The judge who made the decision, Justice Kevin Bryant, had originally sent shock waves through the cannabis legal community when his initial decision invalidated major portions of New York cannabis regulations.

Lateral partners are paid the same as they would be if they were in the equity tier, so they're not serving as "de facto leverage" for the existing equity partners, noted the firm's leader.

U.S. District Judge Jed Rakoff of the Southern District of New York said he intends to rule on penalties no later than the first week of May, after receiving briefs from the defendants and the U.S. Securities and Exchange Commission.

"I think [Microsoft is] trying to avoid a trial and an adverse ruling on summary judgment," said Mark Walters of Lowe Graham Jones.

"[T]he Commission will continue vigorously defending the Final Rules' validity in court and looks forward to expeditious resolution of the litigation," the SEC said.

The judge had come under previous scrutiny for two fictional novels she wrote and published, which critics claim appear to be based on real litigation.

U.S. District Judge Angel Kelley wrote that Latham & Watkins-repped Homology Medicines Inc. "had no duty to disclose data in real time."

Law firms may face business risks if a single client's bills make up more than 5% of a firm's total revenue, some consultants suggest, while others say the threshold would have to be much higher.

After hearing nearly two weeks of evidence in the civil fraud case, jurors in the Southern District of New York on Friday began deliberating on whether cryptocurrency company Terraform Labs and its founder Do Kwon defrauded investors by lying about the company's success.

"Armed with extensive financial analysis and a deep understanding of the industries they target, activists are increasingly likely to make the case that breaking up or selling off certain divisions or subsidiaries would create more value for shareholders," Vinson & Elkins told clients.

Some lawyers have found that they can gain an advantage in an MDL by stockpiling claims, regardless of their individual merits. In recent years, this gamesmanship has become a huge problem.

"This means thinking ahead and trying to understand the big picture, being proactive rather than reactive and coming up with solutions rather than just identifying problems."

A recent Tenth Circuit opinion underscores the procedural requirements to preserve issues for review in both the trial court and on appeal.

Patrick Bumatay endorses "vigorous dissent," while 20 organizations urge Congress to limit judge shopping.

• 'Watershed Moment': Female Federal Judges Reflect on O'Connor's SCOTUS Appointment, Legacy - Enclosure
• AI in Arbitration? and Judicial Nominations Roundup - Enclosure
• Judges in the Hot Seat Over Oral Argument Diversity Policies - Enclosure

While it's likely too early to see major swings in the law, the president's appointees' individual opinions on criminal law and qualified immunity show the impact the judges' diverse professional backgrounds have on their jurisprudence.

Plaintiffs' lawyers who assembled a proposed leadership team in Ozempic lawsuits fired back at the accusation that they excluded attorneys—then added two more lawyers to their proposed team.

Katrina Kostic Samen, leader of Savills Workplace Studio, argues that the office is going to make a comeback. And she says that smart firms should start conceptualizing what this looks like now.