Telecommunications

Expert Analysis

• Opinion

  The Right Approach To Personal Jurisdiction In Class Actions

  

  Since the U.S. Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, three approaches to personal jurisdiction over absent class members have emerged in the lower courts, but only one comports with due process and limitations on procedural devices imposed by the Rules Enabling Act, say David Kouba and Andreas Moffett at Arnold & Porter.

• What Associates Should Consider Before Switching Practices

  

  The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

• High Court Oracle Copyright Ruling Is A Boon For Innovation

  

  The U.S. Supreme Court's ruling on Monday that Google made fair use of the declaring code of Oracle's Java application programming interface should encourage development of new code based on existing APIs and spur technological growth, say attorneys at Cadwalader.

• 4 Effective Ways To Prioritize Client Advocacy

  

  To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

• Remote Law Firm Culture Should Prioritize Associate Training

  

  Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

• Ways Universities Can Improve Foreign Influence Compliance

  

  U.S. universities should take practical steps to monitor and effectively manage compliance risks related to collaborative research relationships with China, given the likelihood of continued scrutiny under the Biden administration, says Robert Roach at Guidepost Solutions.

• Virtual Litigation May Unravel The Narcissistic Lawyer

  

  The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

• Defense Options After Calif. High Court Call-Recording Ruling

  

  Despite the California Supreme Court's recent ruling in Smith v. LoanMe that both parties and nonparties must get consent from everyone in cellular or cordless phone conversations before making recordings, defendants still have multiple means of successfully defeating suits for recording without consent, say attorneys at Akin Gump.

• ABA Remote Work Guide Raises Bar For Atty Tech Know-How

  

  A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

• Lateral Hire Conflict Screening Lessons From DLA Piper Case

  

  While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

• High Court's Autodialer Ruling Raises Bar For TCPA Plaintiffs

  

  The U.S. Supreme Court's decision in Facebook v. Duguid, adopting a narrow definition of "automatic telephone dialing system," will create hurdles for Telephone Consumer Protection Act plaintiffs, though the effects of the court's guidance may be short-lived if Congress revisits the statute, say attorneys at Dechert.

• 3 Cybersecurity Questions To Ask Before A Remote Mediation

  

  Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

• A Uniform Mediation Act Primer As States Continue Adoption

  

  With Georgia expected to soon become the 13th jurisdiction to adopt the Uniform Mediation Act and with more states likely to follow suit amid widespread trial delays, practitioners should familiarize themselves with the act's conflict disclosure requirements and the boundaries of its confidentiality provisions, says Richard Mason at MasonADR.

• Safeguarding Privileged Communications In A Remote World

  

  With the pandemic ushering in remote collaboration tools, counsel must revisit fundamentals of the attorney-client privilege and the work-product doctrine, study cases involving email and other recent technologies, and follow 10 best practices to protect confidentiality, say attorneys at DLA Piper.

• How To Meet CFIUS Expectations On Chinese Investment

  

  Under President Joe Biden, U.S. government scrutiny of Chinese investment is likely to remain rigorous and have a significant impact on deal return on investment, so deal strategy should include a four-step proactive approach to the Committee on Foreign Investment in the United States review process, say Scott Boylan and Paul Stephen at StoneTurn.