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Cannabis Patents: How Evolving Marijuana Laws Affect Plant, Seed, and Processing Innovation
Abstract
The uneven evolution of federal and state cannabis laws continues to frustrate cannabis business operations, including, but not limited to, how intellectual property is created, valued, and deployed. While trademark rights remain closely tethered to lawful commercial use in interstate commerce,[1] patent rights operate under a different legal framework—one that has historically permitted…
Just Another NDA? Why M&A Confidentiality Agreements Are Different
When it’s time to finally sell your company or if you’re exploring a potential acquisition target, one of the first documents you will encounter is the confidentiality agreement or non-disclosure agreement (“NDA”). You say to yourself, I’ve seen hundreds of NDA’s (perhaps more) in my day-to-day business, so “I’m fine signing just another NDA!” However,…
Rising Scrutiny in Employment-Based Visas: What Employers Must Prepare For
In today’s competitive global talent environment, employment-based nonimmigrant and immigrant visa categories remain essential tools for U.S. employers trying to attract, transfer, or retain high-skilled professionals. Recent trends show that U.S. Citizenship and Immigration Services (USCIS) has adopted a significantly more stringent approach to adjudicating related petitions.
USCIS has recently made several changes that are…
Fewer Claims in the Fast Lane: USPTO’s Streamlined Claim Set Pilot Program
In a Federal Register Notice published October 27, 2025 (“Notice”), the U.S. Patent and Trademark Office (USPTO) announced a new pilot program called the “Streamlined Claim Set Pilot Program” (hereinafter “Pilot Program”). This article considers (1) requirements to participate in the Pilot Program, (2) effects on applications that are accepted to the Pilot Program, (3)…
Federal Health Law Enforcement in 2025
Much has been written about the healthcare policy changes implemented by the 2025 Trump administration. President Trump has issued numerous Executive Orders that establish new policies and rescind actions taken by previous administrations. Robert F. Kennedy, Jr. is overhauling and refocusing Health & Human Services. Dr. Mehmet Oz is implementing new policies at the Center…
Texas Passes TRAIGA: What the New AI Law Means for Your Business
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AI on Trial: Implications of the Workday Lawsuit for Automated Hiring
Artificial intelligence continues revolutionizing HR and talent acquisition, promising efficiency and scalability in hiring processes. However, as a recent lawsuit against Workday shows, automation does not absolve employers or their vendors of compliance with anti-discrimination laws.
In Mobley v. Workday, Inc., Case No. 23-CV-770, a California federal judge allowed a collective action age discrimination lawsuit…
Artificial Intelligence and Lawyering: Why Machines Can’t Do Our Jobs
Just about every week, someone asks one of us how our work is being affected by artificial intelligence (“AI”), and especially about the large language models (“LLMs”), such as ChatGPT, that have become prevalent in everyday life. As commercial litigators, AI has limited application to the work that we do. Certainly, it can be helpful…
Part 3: Key Takeaways from Claim Examples in the 2024 AI Patent Eligibility Guidance
Part 3
This is the third post in a 3-part series. Below, we describe Example 49 which focuses on using AI to assist with a medical treatment.
Example 49. Fibrosis Treatment
Key Takeaway for Claim 1: Example 49, Claim 1 includes a likely split-actor issue, because the entities collecting the sample, identifying the high…