Technology

Expert Analysis

• Opinion

  The Problem With 'Optimal' Diversity

  

  Organizations should seek to avoid discrimination, but they should also be wary of the idea that diverse teams function better than nondiverse teams, because this reasoning lacks evidence and can lead to a slippery slope, says J.B. Heaton of J.B. Heaton Research LLC.

• State Net

  States May Take The Lead On Regulating AI

  

  While artificial intelligence promises to revolutionize the way we live and work, there has been relatively little government regulation targeting it specifically. But legislation referring to AI is currently pending in at least 13 states, and more may be on the way, says Korey Clark of State Net Capitol Journal.

• Austin's Blockchain For The Homeless Faces Challenges

  

  The city of Austin, Texas, has proposed a program using blockchain technology to connect homeless residents with their health and identity records. Creating the infrastructure for the project will not be difficult, but key questions include whether the homeless will participate and how they can access their information, says Edward Block of Foley & Lardner LLP.

• 5 Considerations For Both Sides In Stadium Naming Deals

  

  The stadium and arena naming rights deal market remains highly active. The complexity of these agreements and the importance of the terms are growing, say Ryan Davis and Steve Smith of Bryan Cave Leighton Paisner LLP.

• Recent Trends In FTC Consumer Protection Enforcement

  

  The Federal Trade Commission is focusing its enforcement efforts on financial services, web services and emerging technologies, data security and consumer privacy, telecommunications, and health care — these five areas represented 88 percent of consumer protection actions in 2017 and 2018, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

• Fresh Takes On Seeking Costs And Fees Under Rule 45

  

  Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.

• Series

  Judging A Book: Smith Camp Reviews 'Echo Of Its Time'

  

  "Echo of Its Time" is the story of Nebraska’s federal district court from statehood in 1867 to the demise of Prohibition in 1933. Professors John Wunder and Mark Scherer have written an objective, unsentimental and insightful history, layered with context and rich in character study, says U.S. District Judge Laurie Smith Camp of the District of Nebraska.

• ADEA Protections For Outside Applicants Still Up In The Air

  

  While the Seventh Circuit's recent decision in Kleber v. CareFusion is a victory for employers, the issue of whether the Age Discrimination in Employment Act permits outside job applicants to bring disparate impact claims is far from settled, as other circuits have yet to weigh in, say Jill Lashay and Curtis Schaffner of Buchanan Ingersoll & Rooney PC.

• Driverless Car Bill Stalls In Congress, So States Gear Up

  

  The 115th Congress failed to pass legislation regulating autonomous vehicles, and it is unlikely that the U.S. Department of Transportation will restrict AV development under the Trump administration, so more regulation will occur at the state level, say Bethany Gullman of Faegre Baker Daniels and Theodore Bristol of Faegre Baker Daniels Consulting.

• The Role Of Data Analytics In Mass Torts

  

  Lawyers involved in a mass tort must make difficult decisions concerning the potential size of the claimant pool, the expected percentage of qualifying cases, the likelihood of a settlement and more. Data analytics can help guide mass tort strategies and yield better outcomes, say Deb Zonies and Mark Zabel of litigation support services provider Verus LLC.