BakerHosts

The patent landscape in 2026 looks nothing like it did just a year ago. Sweeping changes at the U.S. Patent and Trademark Office throughout 2025 have reshaped how patents are challenged and enforced, dramatically elevating their strategic importance.

In this episode of BakerHosts, Jason Hoffman explores the Great Patent Pivot, a fundamental shift that has made post‑grant challenges harder to access while strengthening the tools available to patent owners. Jason walks through the forces driving this change and explains what it means for patent owners, accused infringers, and businesses navigating patent risk today.

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologies. Each episode offers clear insights and practical tips from guests across DADM. Episode 8 features Janine Anthony Bowen who brings an engineering and business background to high‑stakes technology, data, and AI transactions. She also advises clients where technology and sports intersect.

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In Washington, supply chains are now tied to national security, resilience, and public health. We’re seeing that play out in FDA policy, inspection priorities, and legislation like the BIOSECURE Act.

Across the Atlantic, the story is similar—but not identical. The European Union is advancing its own framework through the Critical Medicines Act, shortage‑prevention mandates, and new expectations around manufacturing resilience.

The result is a new reality for global companies: U.S. and EU regulators are aligned in objective, but increasingly divergent in execution.

Today, we’re going to unpack what that means in practice—how onshoring, friend‑shoring, and supply‑chain sovereignty are reshaping compliance, approvals, and enforcement on both sides of the Atlantic. Questions and Comments: [email protected]

As businesses increasingly turn to generative artificial intelligence (GenAI) tools to develop brand and marketing assets – such as names, logos and product designs – they face novel legal questions, including who owns the copyright or trademark rights when GenAI contributes to the creation process.

On today’s episode of AD Nauseam, Amy and Daniel are joined by BakerHostetler Partner Victoria Rutherfurd to explore the FTC’s renewed scrutiny of subscription and negative option practices, including signals that rulemaking may restart after the prior rule was struck down. The discussion also highlights ongoing ROSCA litigation trends and practical steps companies should take to strengthen subscription disclosures and cancellation processes.

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Today’s topic is a big one: the BIOSECURE Act, signed into law on December 18, 2025, as part of the FY 2026 National Defense Authorization Act. The law restricts federal agencies, contractors, and grant recipients from procuring or using biotechnology equipment or services from what the statute calls “biotechnology companies of concern.” This is more than a procurement rule—it has broad implications for biopharma, device companies, CDMOs, CROs, genomics companies, and even research institutions relying on federal funds. Implementation timelines, designations, and compliance obligations are already starting to take shape.

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The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologies. Each episode offers clear insights and practical tips from guests across DADM.

Episode 7 features Partner Matt Van Hise (Chicago), formerly Chief Privacy Officer and Chief of the Privacy & Data Security Unit at the Illinois Attorney General’s Office and a longtime leader in multistate AG privacy investigations. Matt shares how the regulator’s lens shapes incident response—what triggers deeper scrutiny, how to coordinate across states, and pragmatic steps companies can take to mitigate enforcement risk.

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On today’s episode of AD Nauseam, Amy and Daniel explain when trade names can be treated as advertising claims and challenged as misleading, focusing on how the FTC and NAD handle expressly false versus implied claims. They highlight key cases, especially in health and wellness, and offer practical guidance on when bold or hyperbolic names are allowed and when a name change may be required.

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Cybersecurity is no longer just an IT or privacy issue. For FDA regulated companies, it’s a patient safety issue, a product quality issue, and increasingly a regulatory enforcement issue. FDA has made it clear that cybersecurity vulnerabilities can affect medical devices, software, manufacturing operations, clinical data, and even the availability of life saving products.

Today, we’re bringing together two perspectives—the FDA regulatory lens and the cybersecurity lens—to talk about what companies need to understand and where they’re getting tripped up.

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On today’s episode of AD Nauseam, Amy and Daniel look back at the NAD’s biggest shifts in 2025—from new leadership and procedural updates to major trends in health claims, influencer cases, AI enforcement, and Made in USA scrutiny. They unpack how Phyllis Marcus is reshaping the process and what this year’s surge of challenges means for advertisers heading into 2026.

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