As AI adoption accelerates, one of the biggest risks facing organizations may be the AI tools they don't know employees are using. Zachary A. Myers, Erin M. Prest, Kimberly Castellino Metzger, and Rachel D. Santos discuss the rising risks of the use of unsanctioned AI tools by employees, also Continue Reading
New Jersey Enacts FY 2027 Budget: Key Takeaways
New Jersey has enacted its Fiscal Year 2027 budget, with the Legislature passing a $60.7 billion spending plan ahead of the June 30 constitutional deadline. The budget maintains Governor Mikie Sherrill's proposed spending level, reduces the state's structural deficit by roughly half, preserves a Continue Reading
Grounded Before Takeoff: A Cautionary Tale on the “Late-Is-Late” Rule
Ron Leibman Addresses What Montgomery Means for Shippers in Law360
In a recent Law360 article, Ron Leibman addresses whether the US Supreme Court's decision in Montgomery v. Caribe Transport II increases negligent hiring exposure for shippers. His conclusion—"the answer is that it changes nothing." Ron writes that Montgomery addressed broker liability—not Continue Reading
Chancery Clarifies Limits of Personal Jurisdiction: Choice-of-Law Clauses, Director Appointments, and Hypothetical Delaware Filings Are Not Enough
In Zync, Inc. v. Porsche Investments Management, S.A., et al., C.A. No. 2025-0284-JTL, the Delaware Court of Chancery dismissed defendant Ulrich Thiem for lack of personal jurisdiction after concluding that the alleged Delaware contacts did not satisfy either Delaware’s long-arm statute or its Continue Reading
Appellate Court Raises the Bar for Patent Owners Pursuing Estoppel, Once Again
As a defense to accusations of patent infringement, accused infringers sometimes file inter partes reviews (IPRs) in the US Patent Office. IPRs allow one to challenge the validity of a patent as anticipated or obvious in view of the prior art. The risk, however, is that if the challenger Continue Reading
USPTO Institutes Stricter Requirements for “Unintentional Delay” Petitions
Today, the U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register, shortening the grace period for “unintentionally delayed” patent petitions from two years to one year before requiring a detailed justification and an additional fee. What You Need to Continue Reading
A Field Guide To NDC Status: Identifying The Defense Industry’s Newest (And Oldest) Protected Species
In December 2025, Section 1826 of the FY 2026 NDAA created one of the most valuable classifications in defense contracting and most companies that qualify don't know it yet. Qualify as a “nontraditional defense contractor” and you’re exempt from certified cost or pricing data, FAR Part 31, and the Continue Reading
Undefined Experimental Parameters May Lead to Limited Claim Scope
Failure to define the parameters governing numerical values for claim limitations, such as pH, can result in undesired outcomes in litigation. In some cases, claim terms relating to measured parameters have been found to be indefinite and therefore invalid. But even when the scope of the claim terms Continue Reading
Trim the Claims and the Budget: USPTO Waives Petition Fee for Pilot Program
The Patent Office has made the Streamlined Claim Set Pilot Program a little easier to use by waiving the $150 petition fee ($60 for Small Entity) that would otherwise apply. This program offers an attractive alternative to the much more costly Track One filing for patent applications. In practical Continue Reading