Theranos Whistleblower Tyler Shultz: A Tale of Courage and Ethical Duty
May 31, 2025
In the annals of corporate fraud, few stories resonate as powerfully as that of Theranos, the Silicon Valley biotech startup that promised to revolutionize blood testing but collapsed under the weight of its own deception. At the heart of this saga is Tyler Shultz, a young whistleblower. his article recounts Tyler’s extraordinary journey and invites legal professionals to explore its lessons through our CLE program, which bridges his real-world experience with the ethical obligations enshrined in the Rules of Professional Conduct.
The Substantial Burden Inquiry In RLUIPA Cases Is a Question of Law
May 31, 2025
Over the last 25 years, since its adoption by Congress in 2000, the Religious Land Use and Institutionalized Persons Act (RLUIPA) has been the subject of much litigation, when religious organization have tried to establish uses otherwise inconsistent with local zoning. Significantly, the issues the courts have dealt with are whether the denial of a religious use at a specific location places a substantial burden on religious observance, or if the denial of such a use in a specific location is a proper exercise of government authority. Further, another question often addressed is whether there are potentially other nearby properties where the religious use might reasonably locate.
The World of the New Child Performers: Kidfluencers and Social Media Labor Laws
May 31, 2025
Entertainment and media counsel take note: Among social media influencers, the cool kids on the block are now, well, kids. In today’s digital landscape, children have emerged as a significant force in the world of social media content creation. Often referred to as “kidfluencers,” these youngsters are the subject of creative content ranging from toy reviews to family vlogs, garnering millions of followers and lucrative brand partnerships. Notable kidfluencers have turned childhood activities into multimillion-dollar enterprises.
Third Circuit’s Mootness Debate Avoids Reversal of Confirmation Order
May 31, 2025
The Third Circuit, in a complicated five-year old case, avoided the merits of two groups of appeals from an order confirming the debtor’s reorganization “Plan.” In In re Boy Scouts of America (BSA), the majority used statutory mootness, while a concurring judge would have used equitable mootness to dodge the issue of nonconsensual third-party releases in the Plan and Confirmation Order.
Navigating the Shifting Terrain of Tariffs and Costs In Commercial Real Estate
May 31, 2025
With Q2 well underway, the real estate sector faces a uniquely complex economic landscape. Rather than waiting for clarity, industry leaders are shifting from a reactive to strategic approach — adjusting their financial models, planning timelines and investment strategies to remain competitive in a landscape full of variables. The firms that plan best and adapt to the climate are likely to gain an edge.
Patent Policing: Federal Circuit Upholds District Courts’ Inherent Authority to Sanction Party Conduct
May 31, 2025
In recent decisions, the Federal Circuit affirmed the inherent powers of district courts to investigate and address potential party misconduct in patent litigations, including suspected fraud and bad faith conduct. This article delves into these key cases that upheld district courts’ policing by standing orders or sanctions and underscore the importance of transparency and proper conduct in patent litigation.
Navigating The Matrix: Mapping Your Firm's Capabilities in a Complex Legal Landscape
May 31, 2025
The concept of "The Matrix" has existed for decades in professional services firms, though it represents a relatively new framework within the legal industry. This powerful approach to understanding organizational capabilities and client relationships offers law firms a strategic advantage in today's competitive marketplace.
Swearing Behind: Overcoming Asserted Prior Art in PTAB Proceedings, Part 2
May 31, 2025
This two-part article discusses the various legal and evidentiary requirements for antedating and removing prior art that patent owners should consider when their pre-AIA patents are challenged based on a prior art publication or activity that is not otherwise subject to a statutory bar. Part One led off with a discussion of the legal requirements for antedating prior art by establishing an earlier invention via: 1) conception and diligent reduction to practice; and 2) actual reduction to practice. Part Two discusses the legal requirements for removing prior art that discloses an inventor’s own work and the evidentiary requirements for swearing behind prior art.
The 56% Problem: Manual Document Tasks Are Holding Lawyers Back — AI May Be the Solution
May 31, 2025
A new generation of legal tech, including rapidly advancing AI and AI assistants, is introducing capabilities that don’t just automate individual steps. These tools act as proactive collaborators, intelligently navigating complex documents, surfacing key risks, applying context, and taking action. They’re helping legal teams move from manual to marvelous — and that transformation is happening faster than many realize.