Archives: Articles

Message From the Co-Editors

As we enter a new year, we reflect on the way the practice of law is evolving, both for us as individuals and as an overall profession. Artificial intelligence has become more sophisticated and more prevalent, but is still not universally understood. Substantive areas of law continue to develop. We enter new phases of our … Continued

Message From the Outgoing Chair

The Power of Connection: Why Solo Attorneys Need a Strong Professional Network Recently I received a telephone call from a longstanding client who had an issue concerning nonpayment of sales tax. I had no experience with this issue and did not feel comfortable representing my client. Thankfully, I have a network of friends, one of … Continued

RIP Chevron: Are We Out of LUC?

Introduction In 25 years as an adjunct professor teaching banking law and administrative law at two law schools, I was fond of telling my students that the only law that can never be repealed is the Law of Unanticipated Consequences (LUC). And during that time, perhaps no law loomed larger in classroom discussions than the … Continued

Legal Issues in FDA Orange Book Patent Listings: Evolving Case Law, Enhanced FTC Scrutiny, and the Divergent Roles of Brand and Generic Counsel

I. Introduction The pharmaceutical industry stands at a critical juncture where innovation meets accessibility, carefully balanced through patent protection and regulatory mechanisms. At the heart of this balance lies the Food and Drug Administration’s (FDA) Orange Book, formally known as Approved Drug Products with Therapeutic Equivalence Evaluations. This essential document serves as a cornerstone of … Continued

Inside the Courts

An Update From Skadden Securities Litigators Spotlights Working Through the Riddles of Tokenized Securities This article was originally published April 10, 2025, in CoinDesk. Key Points • The SEC’s Crypto Task Force acknowledges past hostility toward digital assets and aims to create more sensible regulations. • Tokenized securities face complex regulatory challenges, including compliance with … Continued

HeadNotes

As anticipated in our HeadNotes for the Winter 2024 issue, the initial days of the new Trump administration have been, to put it mildly, eventful. As he promised, the president empowered the newly created Department of Government Efficiency (DOGE), run by Elon Musk, to “take an ax” to the federal bureaucracy, seeking to eliminate “waste, … Continued

The Proposed Fostering Affordability and Integrity Through Reasonable (FAIR) Business Practices Act

New York State Attorney General Letitia James, along with Senator Leroy Comrie and Assemblyman Micah Lasher, recently announced the Fostering Affordability and Integrity Through Reasonable (FAIR) Business Practices Act.1 If enacted, this legislation would overhaul New York’s consumer protection law to cover not just deceptive businesses practices but unfair and abusive ones as well. New York … Continued