Technology

Expert Analysis

• 6 Priorities For Employment-Based Immigration Reform

  

  Maria Fernanda Gandarez and Avram Morell at Pryor Cashman propose six practical changes the incoming Biden administration should make to improve employment-based immigration for U.S. employers and remove barriers preventing foreign talent from contributing to economic recovery in the U.S.

• Lessons From Economic Testimony In 2020 Merger Litigation

  

  A look back at 2020 antitrust cases shows why economic evidence is likely to remain a key element in merger-enforcement litigation, despite the occasional anomaly, says Julie Elmer at Freshfields.

• Fed. Circ. Ruling Shows Novelty's Role In Patent Eligibility

  

  The recent Federal Circuit decision Simio v. FlexSim is the latest in a trend concerning a class of inventions that are patent ineligible because they’re not novel despite purporting to improve computer technology, and is informative for winning or surviving early motions to dismiss, say Braden Katterheinrich and JD Schneider at Faegre Drinker.

• 4 Legal Industry Trends Litigation Financiers Are Watching

  

  Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

• A Lawyer's Guide To Setting Well-Being Goals In 2021

  

  In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

• 4 Rulings That Will Shape Clickwrap Litigation In 2021

  

  Clickwrap litigation is expected to increase this year, following several 2020 judgments that show the courts' growing sophistication on assessing online user agreements and a continued surge in user growth fueled by COVID-19, says Brian Powers of PactSafe.

• Keyword Searches To Improve Your Privilege Doc Review

  

  "Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

• State AGs' 2020 Actions Offer Hints At 2021 Priorities

  

  A review of state attorney general actions in 2020 addressing consumer concerns including data privacy, product safety and marketplace competition can help companies prepare for the expected regulatory enforcement wave in 2021, say attorneys at Troutman Pepper.

• Opinion

  A Law Of The Digital Sea Could Expand Data Rights, Oversight

  

  Democracies should implement a law of the digital sea that can balance innovation with individual rights and national security by mandating personal ownership of data, rigorously enforcing antitrust law, and empowering agencies like the Consumer Financial Protection Bureau to grade cyberhygiene, says Luke Schleusener at QOMPLX.

• The Benefits Of More Alternative Dispute Resolution At GAO

  

  While disruption amid the pandemic undoubtedly contributed to a 210% uptick in the use of alternative dispute resolution at the U.S. Government Accountability Office in fiscal year 2020, bid protest practitioners should hope the upward trend continues given the various efficiencies it brings to the procurement process, says Noah Bleicher at Jenner & Block.

• ABA Approves Remote Practice, But Questions Remain

  

  Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

• Keys To Creating Standout Law Firm Thought Leadership

  

  Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.

• Fed. Circ. Patent Decisions In 2020: An Empirical Review

  

  Statistical analysis of last year's Federal Circuit patent cases reveals several differences from 2019, including a shift in the docket more toward appeals from district court cases, more affirmances, more nonprecedential opinions and fewer summary dispositions, says Dan Bagatell at Perkins Coie.

• Perspectives

  Judges On Race: The Power Of Discretion In Criminal Justice

  

  Judges should take into consideration the several points of law enforcement and prosecutorial discretion — from traffic stops to charging decisions and sentencing recommendations — that often lead to race-based disparate treatment before a criminal defendant even reaches the courthouse, say Judge Juan Villaseñor and Laurel Quinto at Colorado's Eighth Judicial District Court.

• 7th Circ. Privacy Ruling Could Expand Article III Standing

  

  The Seventh Circuit's recent decision in Fox v. Dakkota Integrated Systems, finding that unlawful retention of biometric data inflicts a particularized and concrete harm on a plaintiff in the same way that unlawful collection does, may lend itself to further expansion of the Article III injury-in-fact requirement for standing in a lawsuit, say attorneys at Orrick.