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A subject of extensive debate within the U.S. patent system has been the classification of “patent trolls” — most widely defined as individuals or companies that acquire patents solely for the purpose of assertion, often in cases without any merit, but which leverage the high cost of patent litigation defense to force small settlements.

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With cyberattacks on the rise and class actions arising from cyberattacks being filed at an increased rate, executives and board members increasingly face the risk of being individually targeted in lawsuits brought by class action plaintiffs and governmental bodies alleging individual liability for data security failures.

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As we move into 2025, legal marketers face a rapidly evolving landscape where technology, data, and client expectations intersect — and it’s just the right time of year for making lists! Here are the top 7 trends we are seeing as shaping the future of legal marketing in the coming year.

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After nearly four years of litigation, the Second Circuit held recently that a small commercial landlord lacked standing to seek declaratory relief against the City of New York challenging the Guaranty Law under the Contracts Clause of the U.S. Constitution.

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Word that the historic French franchise Girondins de Bordeaux filed for bankruptcy recently rocked European football. Various factors led to the team's downfall. But one force in particular poses an even broader threat to the sustainability of the elite level of French soccer: media rights.

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On Dec. 9, 2024, the Supreme Court will hear argument in Kousisis v. United States, a case that will again review the reach of the federal mail and wire fraud statutes. At issue this time is the so-called “fraudulent inducement” theory of property fraud — namely, whether deception to induce a commercial exchange can constitute mail or wire fraud, even if the infliction of economic harm on the alleged victim was not the object of the scheme.

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Automatic renewals have become a preferred method of goods and service delivery for many businesses, particularly in the context of e-commerce. The patchwork of state and federal laws and regulations makes absolute compliance a difficult proposition for many companies. In a purported effort to provide clarity to companies regarding their compliance obligations in this space, the FTC recently finalized its Rule Concerning Recurring Subscriptions and Other Negative Option Programs. While the Final Rule has reached the last stage of the FTC’s rulemaking process, questions remain.

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Bankruptcy courts are not infallible, and their rulings should be reviewable. But too many district courts and bankruptcy appellate panels (BAPs) regularly refuse to review nonfinal bankruptcy court orders for questionable reasons.