Expert Analysis

• Cybersecurity Basics Are Key to Combating Ransomware

  

  Recent prohibitions on ransom payments and other public policy measures vastly underestimate the breadth and complexity of the ransomware problem and will only work if organizations adopt basic cyber defenses, says Kate Margolis at Bradley.

• Texas Infrastructure Act And Renewables Projects: 1 Year In

  

  A year into implementation of Texas' Lone Star Infrastructure Protection Act, Jennifer Pier at Husch Blackwell discusses how renewable energy project developers, owners and investors planning projects in Texas can incorporate LIPA-related provisions into transaction and financing documents.

• Tips For Managing Pre-Merger Information Exchanges

  Excerpt from Practical Guidance

  

  During merger discussions and negotiations, eight strategies can help manage the exchange of competitively sensitive information, including hiring a clean team and awareness of overlaps, says Tim Haney at LexisNexis.

• Opinion

  Now's The Time To Address Archaic Law School Curricula

  

  With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

• Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

  

  The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

• LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

  

  A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

• SEC Crypto Unit Expansion Is A Warning To Industry

  

  The U.S. Securities and Exchange Commission’s recent decision to expand its Crypto Assets and Cyber Unit is a clear signal that federal regulators may increase enforcement against those violating securities laws in the digital asset space, say attorneys at BakerHostetler.

• A Robust Tool For Defending Against Illinois Biometric Suits

  

  Many defendants in class actions brought under the Illinois Biometric Information Privacy Act may be able to avail themselves of the law's financial institution exemption, which, as two recent cases demonstrate, covers a range of entities beyond traditional banks — but parties must be able to establish their entitlement to this defense, says David Oberly at Squire Patton.

• 8 Steps To Creating A Legal Ops Technology Road Map

  

  Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

• What Outbound Investment Reviews Would Mean For US Cos.

  

  A recent legislative proposal to establish outbound investment controls appears more sweeping than its predecessors and, if enacted, may significantly affect deal timing, feasibility and certainty for U.S. investors and companies engaging in ex-U.S. transactions, particularly those involving China, say Mario Mancuso and Luci Hague at Kirkland.

• The Importance Of Data And Data Analysis In Litigation

  

  Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

• Senate Bill Could Be A Sea Change For Crypto Regulation

  

  The recently introduced Responsible Financial Innovation Act, if passed, would transform the digital asset landscape by replacing the U.S. Securities and Exchange Commission as cryptocurrency's default regulator, and by shifting oversight away from the current regulatory framework and legal standard for the space, say attorneys at Brownstein Hyatt.

• Suits Against Google Signal Increased 'Dark Patterns' Scrutiny

  

  Recent lawsuits brought against Google by attorneys general in multiple states illustrate a growing trend of pushback against dark patterns — design tricks that harmfully manipulate consumer behavior — so companies should ensure their current and future marketing practices do not put them at risk, say attorneys at Sidley.

• How Cos. Can Track Infrastructure Act Projects — And Funds

  

  As federal funds from the Infrastructure Investment and Jobs Act begin to flow to thousands of infrastructure projects across the nation, savvy contractors can determine which types of funded projects are likely to offer the best opportunities, and then follow the flow of federal money into those projects, says Nena Lenz at Fredrikson & Byron.

• Steps Companies Can Take To Mitigate Privilege Labeling Risk

  

  Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.