Technology

Expert Analysis

• 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.

• Revising Cloud Contracts In Light Of Capital One Cyberattack

  

  In 2019, there have been 3,494 cyberattacks against financial institutions, including, most notably, Capital One. Until regulatory action is taken, financial institutions, which are on their own when it comes to addressing potential cloud service risks, should incorporate liability and security provisions into cloud service contracts, say Nicholas Smith and Rita Ganguli of Milbank.

• Stats Show Expert Declarations Can Help Avoid AIA Institution

  

  An examination of more than 1,300 Patent Trial and Appeal Board cases, analyzing the effect of expert declarations on America Invents Act institution rates, reveals that including expert declarations reduces the aggregate institution rate for inter partes and post-grant reviews, says Brian Koide of Dunlap Bennett.

• 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.

• A Developing Split Over Online Marketplace Product Liability

  

  A pair of recent opinions from the Third and Sixth Circuits suggest that e-commerce intermediaries may be held liable for selling allegedly defective products, but an Arizona federal court's recent opinion in State Farm v. Amazon demonstrates the level of uncertainty that exists on this issue, say Blake Angelino and Benjamin Broadhead at FaegreBD.

• Fed. Circ. GE Case Reveals IPR Appellants' Standing Burden

  

  In light of the recent Federal Circuit decision in General Electric v. United Technologies, which illustrates the Federal Circuit's demanding standard for demonstrating Article III standing in appeals of inter partes reviews, counsel for appellants are well advised to focus carefully on injury in fact, says Richard Stark of Cravath.

• 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.

• The AI Authorship Question Under Current Copyright Law

  

  Now that we are in the age of artificial intelligence technologies capable of generating complex audio or visual works, it is time to look critically at whether current copyright law and Copyright Office guidelines interpreting it should require human creativity for authorship, say Carrie Richey and Christian Mammen of Womble Bond.

• 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.