Technology

Expert Analysis

• 3 Tech Competition Concerns In The EU And Australia

  

  Recent cases involving major technology companies and their acquisition of smaller firms have called international attention to the adequacy of competition policy frameworks, and recent proposals in Europe and Australia reveal the onset of an interventionist approach from regulators, say analysts at Cornerstone Research.

• Workshop Marks Start Of FTC Interest In Gaming 'Loot Boxes'

  

  Earlier this month, the Federal Trade Commission held a full-day workshop to address consumer protection issues regarding video game "loot boxes" — randomized or surprise in-game virtual rewards that players buy or earn — and joined a growing list of policymakers to consider consumer protection issues in this area, say Janis Kestenbaum and Ariel Glickman at Perkins Coie.

• A Robust Federal Consumer Protection Law May Be Ahead

  

  The U.S. Department of Justice, the Federal Trade Commission and the Consumer Financial Protection Bureau all recently announced pushes into data privacy and security through consumer protection enforcement, suggesting that they could be developing the foundation for a new U.S. federal privacy statute, say Brad Elbein and Linda Priebe of Culhane Meadows.

• 2 Insurance Coverage Issues Raised By Cyber Warfare

  

  As politics and cyberrisks become increasingly intertwined, policyholders and insurers alike would benefit from more certainty in relation to the cyber insurance war exclusion, and from more options in the market that would cover a cyberattack on the U.S. power grid, says Thomas Hunt of Robert M. Currey & Associates.

• How Electric Power Group Case Is Affecting Software Patents

  

  The Federal Circuit's 2016 Electric Power Group v. Alstom decision, more frequently applied of late, and its progeny pose a serious risk to software inventions. As a result, knowing how to avoid Section 101 invalidity risk is critical when drafting software patents, says Michael Kiklis of Bass Berry.

• Crisis Messaging To Protect Law Firm Brand And Bottom Line

  

  When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

• What Cos. Should Consider To Prep For Nev. Data Privacy Law

  

  Website operators that collect and sell Nevada residents' personal information should lay the groundwork for compliance with Nevada Senate Bill 220, effective on Oct. 1, which will be the first U.S. law to grant consumers the right to opt out of the sale of their data, say attorneys at Morgan Lewis.

• Assessing The Cost, Legal Fallout Of Capital One Data Breach

  

  Following Capital One's recent massive data breach, Jack Lu of IPMAP estimates the incremental direct cost incurred for management of the breach and for post-breach legal and regulatory processes, shedding light on the economic and legal uncertainties.

• Perspectives

  What You Should Know About Courtroom Closures

  

  At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

• 8 Proactive Steps To Avoid Workplace Age Bias Claims

  

  As demonstrated by Google's recent $11 million settlement to resolve an age discrimination class action, employers must combat age discrimination with a multifaceted approach that includes cooperation from all members of management, say Charlene Gedeus and Michael Truncellito at Buchanan Ingersoll.

• FCC's Caller ID Rules Contribute To Spoofed Calls Crackdown

  

  As the Federal Communications Commission's enhanced Truth in Caller ID rules take effect, there will be continued pressure on the FCC to demonstrate that its efforts against spoofed calls are working, say Laura Phillips and Qiusi Newcom of Drinker Biddle.

• GDPR Lessons Can Prep US Cos. For State Data Privacy Laws

  

  Companies that have completed the requirements for compliance with the EU General Data Protection Regulation can apply key steps from that process toward ensuring compliance with the California Consumer Privacy Act and a number of other proposed U.S. state data security laws, says Teresa Troester-Falk of Nymity.

• Series

  Why I Became A Lawyer: A Seaweed Scientist's Odyssey

  

  In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

• How 2 Robocall Bills Would Affect TCPA Enforcement

  

  Two bills in Congress — the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act and the Stopping Bad Robocalls Act — seek to prop up the Telephone Consumer Protection Act, though the SBRA is far more expansive and may meet with resistance in the Senate, says Eric Troutman of Squire Patton.

• How To Counter Jury Reliance On Plaintiff's Damages Ask

  

  Years of interviewing jurors and observing deliberation show that the amount juries award in damages is almost always influenced by the amount of the plaintiff's demand, but there are three ways defense counsel can combat this anchoring effect, says Christina Marinakis at Litigation Insights.