Stay informed with the latest legal developments, case studies, and insights from Salienz™ Law.
Intellectual PropertyMay 2025
USPTO Guidance on AI-Generated Inventions: What Applicants Need to Know
The United States Patent and Trademark Office has issued updated guidance on inventorship requirements for AI-assisted inventions, clarifying that a human inventor must make a significant contribution to the conception of the claimed invention. Patent applicants working with AI-generated outputs need to carefully document the human creative contribution at each stage of development. Our IP team outlines what this means for pending and future applications.
LitigationApril 2025
Electronic Discovery in 2025: Proportionality, AI Review Tools, and Emerging Standards
The landscape of electronic discovery continues to shift as courts and litigants grapple with AI-assisted document review, expanding data sources, and proportionality challenges under FRCP Rule 26. Recent decisions have addressed the use of predictive coding, the scope of privilege review for AI-flagged documents, and the sanctions framework when preservation duties are not met. Understanding these evolving standards is essential for effective litigation strategy.
CorporateApril 2025
Material Adverse Change Clauses Post-Pandemic: Lessons for M&A Drafting in 2025
The MAC clause disputes that emerged from pandemic-era deal disruptions have produced a more detailed body of case law clarifying what qualifies as a material adverse change sufficient to excuse closing. Acquirers and targets negotiating deal documents in 2025 should understand how courts have interpreted industry-wide exclusions, known risk carve-outs, and the disproportionate-impact test. We review the key decisions and their implications for current transaction drafting.
Intellectual PropertyMarch 2025
Trademark Clearance in the Age of Social Media and Domain Conflicts
Traditional trademark clearance searches are no longer sufficient in an environment where brand identity extends across social media handles, domain names, app store listings, and international markets. A mark that clears a USPTO search may still face infringement exposure or consumer confusion claims in digital channels. This article outlines a modern clearance approach and the enforcement considerations that should accompany every new brand launch.
LitigationFebruary 2025
Summary Judgment Practice After the 2024 Federal Rule Amendments
Amendments to the Federal Rules of Civil Procedure that took effect in December 2024 have clarified certain aspects of summary judgment briefing schedules, evidence standards, and the treatment of expert testimony at the dispositive motion stage. Litigants preparing for summary judgment in federal court should review the amended rules alongside the local rules of their district, which have also been updated in many jurisdictions to conform to the new federal framework.
The articles on this page are provided for general informational purposes only and do not constitute legal advice. Reading these materials does not create an attorney-client relationship.