Technology

Expert Analysis

• A Gov't Contractor's Road Map To Biden Cybersecurity Order

  

  Following President Joe Biden's recent executive order to improve U.S. cybersecurity, Justin Chiarodo and Sharon Klein at Blank Rome highlight how four key elements will particularly affect government contractors and their suppliers, and what contractors should expect as they prepare to operate in a new compliance environment.

• A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

  

  Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

• How Trade Dress Law Has Evolved During COVID

  

  As consumers return to in-store shopping and retailers shift strategies to boost products' shelf appeal, it's important to note that trade dress case law developments during the pandemic have emphasized a fine line between identity of brand and that of function, say Howard Hogan and Laura Mumm at Gibson Dunn.

• How Legal Profession Can Help LGBTQ Patent Attys Thrive

  

  Given the underrepresentation of the lesbian, gay, bisexual and trans community in the patent bar, and recognizing that inclusivity benefits not only employees but also firms and clients, Jeremy Saks at Fish & Richardson discusses measures the legal profession can take to support LGBTQ patent attorneys.

• How Curbs On Russia And Belarus Trade Will Affect Tech Cos.

  

  Attorneys at Kirkland examine how the Biden administration's newly authorized Russian sanctions, restrictions on dealings with companies in Belarus and other likely measures will affect the technology sector and how companies should respond to the changes.

• Opinion

  FTC's Drop Of Illumina-Grail Federal Court Case Raises Uncertainty

  

  The Federal Trade Commission's move to drop its lawsuit challenging the proposed merger of Illumina and its cancer-screening spinoff Grail is procedural posturing that undermines the agency's goals and has created maximum uncertainty for companies focused on creating life-saving technologies, say Zarema Jarimillo and Leiv Blad at Lowenstein Sandler.

• What Tax Court's Mylan Legal Fee Ruling Means For IP Suits

  

  The U.S. Tax Court's recent ruling that Mylan Inc. could deduct as regular business expenses the legal fees it incurred defending itself against patent infringement suits from brand-name drug manufacturers has the potential to increase patent litigation and may make settlement less appealing, say attorneys at Snell & Wilmer.

• Obstacles To Defining Injury, Class In Cyberattack Suits

  

  As cyberattacks and data privacy litigation evolve, quantifying and identifying uninjured class members becomes increasingly complex and further complicates economic models of injury, as shown by the lawsuit filed last month in a Georgia federal court after the Colonial Pipeline hack, says Michael Kheyfets at Edgeworth Economics.

• Smaller Firms Need Employee Wellness Programs, Too

  

  As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

• Why AI Can't Replace Humans In Environmental Compliance

  

  As organizations increasingly integrate artificial intelligence into their operations, it is clear that, while AI may play a valuable role in environmental compliance programs, it cannot replace the judgment, perspective, experience and ethical values of human beings, says Gerry Caron, chief counsel for safety, health and environment at Cabot.

• Opinion

  Antitrust Reform Should Focus On Targeted Solutions

  

  Antitrust law can and should be updated to reflect the needs of our modern economic landscape by addressing specific areas where meaningful problems exist, but some proposals, like the call to overturn the consumer welfare standard, go too far, says Trace Mitchell at NetChoice.

• Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage

  

  The Illinois Supreme Court's recent decision in West Bend Mutual v. Krishna Schaumburg Tan, confirming that commercial general liability policies do not have to include specific language to cover claims under the Biometric Information Privacy Act, represents a critical victory for policyholders, but leaves unresolved issues in the battle over BIPA coverage, says Tae Andrews at Miller Friel.

• Bid Protest Spotlight: Clarity, Timeliness, Agency Deference

  

  In this month's bid protest roundup, Caitlin Crujido at MoFo looks at decisions from the U.S. Government Accountability Office and U.S. Court of Federal Claims highlighting the importance of clear proposals and timeliness in solicitation ambiguity protests, and showing that the GAO and Claims Court will generally defer to an agency's judgment about an organizational conflict.

• China Trade Secret Developments Bring Certainty For US Cos.

  

  U.S. companies should welcome recent reforms to Chinese trade secret legislation and case law that make the litigation landscape more plaintiff-friendly and provide clarity on what business information is protectable and what confidentiality measures the law requires, say attorneys at Jones Day.

• What Semiconductor Shortage Means For Patent Drafting

  

  Since a critical shortage in the global supply of semiconductors could lead to an increase in U.S. capacity, semiconductor-related patent owners should consider directing more patent claims to manufacturing processes, manufacturing tools and intermediate structures, say Darren Smith and David Ben-Meir at Norton Rose.