Competition

How Emotionally Intelligent AI Could Assist With E-Discovery

While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

PayPal Case Illustrates Difficulty Of Avoiding CMA Penalties

The U.K. Competition and Markets Authority's recent fine against PayPal for violating U.K. merger control rules — despite the company's attempts to put safeguards in place — demonstrates how rigid the CMA can be when it comes to initial enforcement orders, say attorneys at Fried Frank.

Chinese Acquisitions Even More Uncertain In New CFIUS Era

While hostility toward Chinese-led investment in U.S. companies is not new, the proposal expanding the Committee on Foreign Investment in the United States' authority to scrutinize such deals casts further doubt over how many inbound Chinese investments in the U.S. will actually close, says Jing Zhao at Saul Ewing.

Preventable Risks Your Law Firm May Be Overlooking

Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

3 Policy Developments To Watch As US-China Divide Grows

While trade negotiations between the U.S. and China resume Thursday, it is difficult to imagine a trade agreement in the near term that could blunt the momentum of larger strategic forces pushing the two countries apart, say attorneys at Kirkland.

6 Ethics Tips For Attorneys Making Lateral Transfers

With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

Competing Refusal-To-Deal Tests At 7th, 9th Circs.

The Viamedia and Qualcomm antitrust cases in the Seventh and Ninth Circuits, in which the U.S. Department of Justice has taken positions regarding when a refusal to deal could be unlawful, may lead the U.S. Supreme Court to clarify the appropriate standard for refusal to deal claims, says Ryan Sandrock of Sidley.

Failure To Launch: The Patent Thicket Delay Of US Biosimilars

Almost 10 years after enactment of the Biologics Price Competition and Innovation Act, AbbVie’s assertion of 18 patents against three Humira biosimilars shows that patent thickets remain an obstacle to launching follow-on biologics and help explain why U.S. launches lag behind those in Europe, say attorneys at Axinn.

Digital Platforms Must Heed Japanese Antitrust Law Updates

The Japanese government has expedited discussions for new regulations and enforcement regarding digital platforms, bringing new possible risks and protections for U.S. platforms with users in Japan, says Takashi Komoguchi of Oh-Ebashi.

AdvoCare Deal Puts FTC's 13(b) Authority In Spotlight

The Federal Trade Commission's Oct. 2 settlement of pyramid scheme claims with AdvoCare will have far-reaching effects, both for those in the direct selling industry and for those following the ongoing debate over the agency's authority to prosecute FTC violations, say attorneys at Kelley Drye.

Merger Review Takeaways From New Hart-Scott-Rodino Data

The recently released Hart-Scott-Rodino annual report confirms that the issuance of a second request has a high correlation with the federal agencies' challenging a proposed transaction or the parties abandoning a transaction. Attorneys at Norton Rose analyze current as well as historical data and share strategies for parties to prepare for antitrust review.

Consider The Power Of Tactical Empathy

By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

Opinion

Answer To Iancu's SEP Policy Call Is In Plain Sight

The balanced and structured policy for patent licensing negotiations in standards organizations that U.S. Patent and Trademark Office Director Andrei Iancu recently called for is already satisfied by the 2013 joint statement on standard essential patent remedies by the USPTO and U.S. Department of Justice, says Michael Carrier of Rutgers Law School.

The Problem — And Opportunity — Of Implicit Bias In The Bar

Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

Huawei Case Might Mean UK Forum Sets Global FRAND Rates

The U.K. Supreme Court’s eventual opinion in Unwired Planet v. Huawei will decide whether English courts are a proper forum for determining global fair license terms for standard-essential patents, and there are several reasons to question the English courts' creation of this approach, says Thomas Cotter of the University of Minnesota Law School.