Technology

Expert Analysis

• The Pandemic's Early Effects On Foreign Trade, Investment

  

  Though the Committee on Foreign Investment in the United States continues to function despite worldwide disruptions due to the coronavirus, dealmakers should stay mindful of several considerations in this rapidly changing investment environment, say Michael Leiter and Daniel Gerkin at Skadden.

• Bid Protest Spotlight: Availability, Disparate Treatment, Codes

  

  In this month's bid protest roundup, James Tucker and Markus Speidel at MoFo look at three March decisions: The Government Accountability Office considered alleged unavailability of key personnel, the Federal Circuit set precedent for establishing disparate treatment, and the Court of Federal Claims adopted a test to review North American Industry Classification System code designations.

• Opinion

  Judicial Shaming Of Attys Is Troubling Even During Pandemic

  

  Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

• Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

  

  While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

• How COVID-19 Will Affect DOJ’s White Collar Enforcement

  

  To help address fraudulent conduct amid a slowing of the U.S. Department of Justice's prosecution and enforcement efforts, the Coronavirus Aid, Relief, and Economic Security Act grants the DOJ some emergency powers, subject to important limitations related to defendants' constitutional rights and public access to hearings, says James Petkun at Klehr Harrison.

• Remote Depositions: Coming To A Home Office Near You

  

  Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

• Ways Lawyers Can Support The Most Vulnerable Right Now

  

  In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

• Telehealth During COVID-19: New Rules And Considerations

  

  Changes in federal and state regulations are expanding access to remote health care in response to the COVID-19 crisis, and health care providers need to be thinking about licensure, how to establish valid practitioner-patient relationships, prescribing authority, technology requirements and more, say attorneys at Arnold & Porter.

• Confronting The Challenges Of Virtual Mediation

  

  Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

• Preparing For Private Right Of Action Under Calif. Privacy Law

  

  While enforcement of the California Consumer Privacy Act won’t begin until July, the private right of action created by the CCPA is available to consumers now, and companies assessing their litigation risk should evaluate three open questions, say Amanda Lawrence and Michael Rome at Buckley.

• Opinion

  Remote Notarization Bill Will Help Save The Economy

  

  The Securing and Enabling Commerce Using Remote and Electronic Notarization Act recently proposed in Congress should be enacted as soon as possible because it will remove antiquated barriers to conducting business transactions and protect people from COVID-19 and other diseases, says Scott Rahn at RMO.

• Discrimination Suits May Upend 30 Years Of OFCCP Precedent

  

  The legal battles being waged between the Office of Federal Contract Compliance Programs and Oracle, which arise out of the Trump administration's unprecedentedly aggressive anti-discrimination enforcement strategy, could ultimately weaken the OFCCP's institutional authority, says Pratik Chougule at Stanford University's Hoover Institution.

• Shelter-In-Place Orders Raise 5 Business Operations Issues

  

  State and local authorities' COVID-19-related orders to shelter in place raise several critical questions that businesses must address in order to protect their employees, data, information technology infrastructure and operations, say Erin Illman and Steve Snyder at Bradley Arant.

• 3 Steps To Building Effective Teams While On Lockdown

  

  When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

• NY Fraud Ruling Shows High Bar To Prove Director Liability

  

  Although the New York Supreme Court Commercial Division's decision in Acacia Investments v. West End Equity I leaves the door open for recovery against entities that receive fraudulent transfers of assets, the ruling demonstrates the high bar for proving individual directors were at fault in fraudulent conveyance claims, say Robert Quirk and Muhammad Faridi at Patterson Belknap.