Ahsan Shaikh, together with Jaya Nair of ASML San Jose, authored an IAM article examining how the rise of AI-assisted “vibe coding” is likely to shift how patent examiners and courts assess obviousness for software inventions.

The authors explain that because the legal standard for “ordinary skill” is tied to what tools were commonly used in the field at the time a patent was filed, routine implementation and integration work becomes easier to characterize as ordinary skill once AI coding assistants are the norm — making thin, functional software claims more vulnerable to obviousness challenges. They note this effect is asymmetric: while it raises the bar on obviousness, it does little to lower the disclosure requirements under Section 112, since AI tools can’t substitute for showing that inventors actually possessed, defined, and described their invention at filing.

The piece offers concrete guidance for IP teams — from strengthening technical disclosure when drafting new patents to preserving dated records of AI tool use, failures, and human contributions that could support or defend against future obviousness challenges.

In a recent POLITICO Pro article, Monica Wallace discusses CMS’s decision to let its six-month moratorium on new Medicare durable medical equipment suppliers expire, replacing it with a more targeted prior authorization process rather than a blanket freeze.

Monica said she thinks the shift to this more targeted approach is the right call, and noted that suppliers who had paused deals during the moratorium are now moving forward with them again.

Partner Stéphane Dionnet spoke with Global Competition Review about the EU General Court’s decision to uphold the European Commission’s prohibition of Booking’s proposed acquisition of Etraveli and its implications for merger enforcement.

Stéphane said the ruling gives the Commission a “powerful new tool” for scrutinising ecosystem transactions.

“A conglomerate deal like this – hotels plus flights, with no direct overlap – would historically have been seen as neutral or even pro-competitive,” he said. “The court’s endorsement of the prohibition marks a genuine shift.”

Stéphane noted that the judgment could have implications beyond the technology sector, particularly for acquisitions by dominant companies involving data, intellectual property, infrastructure or routes to customers.

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Partner Stéphane Dionnet spoke with The Capitol Forum about the implications of the EU General Court’s then-anticipated ruling on the European Commission’s prohibition of Booking’s proposed acquisition of Etraveli.

Stéphane discussed how the judgment could affect the Commission’s ability to rely on ecosystem theories of harm in future merger reviews, as well as its ongoing revision of the EU merger guidelines.

“A procedural annulment is a flesh wound; a substantive one is surgery on the guidelines,” Stéphane said. “If Booking loses, the court effectively blesses the ecosystem theory—just in time for the final guidelines.”

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Tax Notes recently featured Max Biedermann and Michael Hilkin’s reaction to the New York City Department of Finance’s second extension of the exemption-filing deadline for the city’s pied-à-terre tax, now pushed to October 6 after pressure from taxpayers and advocacy groups.

Max and Michael told Tax Notes that while they wished the DOF hadn’t sent initial notices with the original August 21 deadline, they credit the department for recognizing that property owners, particularly those holding property through entities or trusts, needed more time to gather the documentation required to show the tax shouldn’t apply to them.

Business Insider recently featured Max Biedermann’s insights on how New York City’s wealthiest homeowners are reacting to the city’s new pied-à-terre tax, from confusion over the chaotic rollout to a scramble for loopholes that could ease the bill.

Max addressed one workaround some co-op owners are eyeing: restructuring ownership through multi-tiered entities to try to sidestep the tax. He told Business Insider that this approach may not hold up under a strict reading of the rules, leaving some owners to appeal to reason rather than to law. He also touched on the added strain the tax places on co-op boards, which are billed at the building level and must then collect from individual pied-à-terre owners.

Partners Shah Jahan Khandokar and Carl Fleming and senior associate Ennio Keyte co-authored a PFI Global article examining the evolving legal and financing architecture for critical minerals projects.

The authors explore how governments are using public capital, regulatory frameworks and strategic finance to attract private investment, while new contractual structures seek to address political, infrastructure and long-term investment risks.

They explain that the next phase of critical minerals investment will depend not only on access to capital, but on structuring projects to withstand political change, commodity cycles and investor exits.

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Partner Elisa Mapelli authored an article for International Employment Lawyer examining how artificial intelligence and deepfakes are reshaping digital evidence and employment disputes in Italy.

Elisa discusses recent Italian rulings involving AI-generated legal citations, the growing challenges of authenticating digital evidence, and employers’ transparency obligations under the EU AI Act and Italian law.

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Partner Kalish Mullen authored an article for Option Finance examining the continued growth and evolution of Europe’s private debt market and its increasing role in global credit markets.

Kalish discusses how private debt has expanded beyond its traditional role financing private equity-backed acquisitions to become a significant source of capital across Europe. He also explores the factors supporting the market’s resilience and continued development, including growing investor interest and the expansion of major private credit managers.

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In a recent episode of the Health Care Network, Marshall Jackson breaks down what’s really driving the current wave of dealmaking in health tech and digital health, and where the market is headed next.

Marshall explained that much of today’s activity isn’t classic strategic M&A. He’s seeing lots of companies with strong technology and talent getting acquired for parts, often by buyers pursuing a hybrid “build and buy” strategy. He also pointed out that investors have sharply increased their diligence even on early-stage rounds, rewarding companies that have moved past pilot-stage AI and technology toward real operational stickiness with customers.

On the current regulatory environment, Marshall noted that federal antitrust scrutiny of healthcare deals has eased somewhat, but that the gap is being filled by a growing number of states — including, e.g., California, New York and Maine — introducing their own transaction notification and consent requirements, adding a new layer of complexity for investors investing in multi-state healthcare companies.

Asked what’s flying under the radar in this market, Marshall pointed not to the headline-grabbing deals but to the wave of smaller roll-ups and add-on acquisitions happening beneath them — the third, fourth, or fifth deal in a consolidation strategy rather than the first — predicting that some of today’s quiet, smaller transactions will, in the aggregate, be viewed as the real headline deals several years from now.