Technology

Expert Analysis

• Digital Data Privacy One Year After Carpenter

  

  Lower courts have begun to grapple with the implications of the U.S. Supreme Court's 2018 decision in Carpenter v. United States, which concerned the constitutional limits on government acquisitions of digital data. On the anniversary of the decision, Jonathan Cedarbaum, Nina Cahill and Sam McHale of WilmerHale analyze defendants' attempts to extend Carpenter's holding.

• How New US M&A Restrictions On China Will Affect Tech Cos.

  

  The Trump administration recently launched an unprecedented regulatory blitz designed to further protect domestic information and communications technology and services from what it considers Chinese threats. These steps will constrain transactions that could expand China’s access to the U.S. market and to U.S. technology — and some have an immediate effect, say attorneys at Kirkland.

• What The IRS' New Cryptocurrency Guidance Should Address

  

  The IRS recently announced it will be revising it's 2014 guidance on taxation of cryptocurrency. Hopefully the new rules will establish a fairer method of determining cost basis and demystify other tax consequences arising from cryptocurrency transactions, says Sean Ryan of blockchain accounting software firm NODE40.

• A Look At China's New Cybersecurity Guidance

  

  Businesses providing services over the internet are likely to face continued challenges to comply with the expanding implementation of China's cybersecurity law, especially with respect to broadening definitions of personal information holders under new guidance, say Xiaoyan Zhang and Vincent James Barbuto of Reed Smith.

• Border Phone Search Questions Continue In Fed. Court

  

  A Massachusetts federal court's eventual decision on cellphone searches at the U.S. border in Alasaad v. Nielsen will further illustrate the differences in how federal courts apply the U.S. Supreme Court's 2014 decision in Riley v. California to the warrant-requirement exception for border searches, says Sharon Barney at Leech Tishman.

• 9th Circ. Got Cost-Sharing Right In Altera V. Commissioner

  

  The problem underlying the Ninth Circuit’s recent Altera v. Commissioner decision is one that has long bedeviled courts considering how multinational companies should share tax costs: how to determine what unrelated parties would have done at arm’s length when comparables cannot be found, says Reuven Avi-Yonah at the University of Michigan.

• 5 Ways Law Firms Can Improve Their Job Interviews

  

  When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

• Evaluating Stand-Alone Privilege For Cybersecurity Info

  

  In a new commentary, the Sedona Conference considers shielding cybersecurity information from discovery with the attorney-client privilege and work-product protection. Matthew Hamilton and Donna Fisher of Pepper Hamilton query whether it makes sense to single out cybersecurity information for reform. 

• FCC's New Call-Blocking Ruling Necessitates More Oversight

  

  While the Federal Communications Commission's recent ruling authorizing phone carriers to block unwanted calls is a laudable effort, the lack of any industry call-blocking standards or appreciable oversight is a cause of massive concern for many callers who do not know whether their calls will be connecting, says Eric Troutman of Squire Patton.

• LightYear Is FTC's Data Security Warning To B2B Companies

  

  The Federal Trade Commission's data security settlement with LightYear Dealer Technologies is notable because the company does not market or sell products directly to consumers, and because the FTC made the eyebrow-raising claim that LightYear is a financial institution under the Gramm-Leach-Bliley Act, say attorneys at ZwillGen.

• The State Of Article III Standing 3 Years After Spokeo

  

  Three years after the U.S. Supreme Court's landmark consumer privacy decision in Spokeo v. Robins, Mary-Christine Sungaila and Marco Pulido at Haynes and Boone examine how courts have applied the opinion, the role of congressional findings in Article III standing cases, and a developing litigation trend.

• The End Of AIA Patent Challenges By Gov't

  

  This week, the U.S. Supreme Court held in Return Mail v. U.S. Postal Service that the federal government is not capable of petitioning for post-issuance review of a patent under the America Invents Act, but the practical reach of the ruling may be limited, say Scott Felder and Alexander Owczarczak of Wiley Rein.

• The SEC Is Cracking Down On Insider Trading By Lawyers

  

  A recent series of actions brought by the U.S. Securities and Exchange Commission suggests that insider trading by lawyers may be on the rise. Legal departments and law firms should understand the four types of cases the SEC is pursuing in this area, says Daniel Hawke of Arnold & Porter.

• Series

  Why I Became A Lawyer: A Fateful Phone Call

  

  When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

• Law Firms Can Do Better With Their Mentoring Programs

  

  There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.