Editor's Desk

Generative AI is everywhere. Every day, we learn about new capabilities, groundbreaking applications, and emerging challenges tied to this revolutionary technology.

As the possibilities for AI expand, so does the surge in patent applications. The US Patent & Trademark Office is scrambling to keep up with the flood of filings tied directly to AI technology. The upshot? It’s likely to become more difficult to obtain new GenAI-related patents going forward.

Michael R. Anderson of Marshall Gerstein explores the dynamic in his insightful cover story for us.

“One main reason that it could become more challenging to obtain a patent is that the growing number of filings gives examiners more prior art to reference when evaluating anticipation and obviousness,” he writes. “As they become more familiar with the technology, we will probably see more – and tougher – rejections related to subject matter eligibility.”

Anderson goes on to explain what you and your legal team should keep in mind when filing for AI patents on behalf of your company to maximize your chances of your application succeeding. Like with so many other things, the devil is in the details.

While patent filings involve meticulous detail, so too does the world of litigation funding. In another article, Jeffery Lula of GLS Capital dives into the critical importance of precise valuation in the context of commercial lawsuits. As a litigation financer—someone who invests in commercial lawsuits—Lula spends his days evaluating complex cases. He argues that in-house counsel should adopt a similarly objective approach when assessing litigation risks.

“In-house attorneys need to determine whether the risk-adjusted value or exposure justifies the distraction and budget for their c-suite executives,” Lula writes. “In my experience, these attorneys often take an ad hoc approach to valuation—which can lead to biased or imprecise evaluations.”

We ensure that each article we publish contains actionable insight you can share with your team. The edition also covers topics such as “hell or high water” clauses in M&A deals, weight discrimination, contract playbooks, and the use of AI in courtroom

Finally, don’t miss our exclusive interview with Melanie Ronen, Partner at Stradley Ronon Stevens & Young, LLP, featured on our companion platform, Today’s Managing Partner

Ronen shares valuable insights about key employment law and regulation trends and compliance challenges. This primer on what to expect in the workplace in 2025 will be of interest to both the law firm community (the Today’s Managing Partner audience) as well as in-house teams.

Remember that this issue of the magazine is just a selection of the content we produce each day. Stay ahead of the curve—check our website regularly for the latest updates, and follow us on LinkedIn and X to join the conversation and keep up with cutting-edge thought leadership

Thanks for reading,

Amanda Kaiser, Editor-in-Chief