Expert Analysis

• 9th Circ. Comet Ruling Spotlights Trade Secret Proof Burdens

  

  The Ninth Circuit’s recent decision to vacate a $40 million verdict awarded to Comet Technologies in its trade secret dispute with XP Power underscores how the burden of proof differs between federal and state law, giving litigants a fresh perspective on several issues, including how a jury should be instructed, say attorneys at Cooley.

• Attorneys Using AI May Have Ethical Duty To Redact Docs

  

  The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

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  Juggling And Unicycling Make Me A Better Lawyer

  

  Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

• How Orbital Data Centers May Test NEPA's Reach

  

  With environmental and scientific groups recently pushing back against the Federal Communications Commission's proposal to exempt massive data center satellite constellations from review under the National Environmental Policy Act, the question of whether NEPA even applies to projects in space turns on three closely related issues, say attorneys at Morgan Lewis.

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  Ballet Makes Me A Better Lawyer

  

  A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

• Scope Issues For Cos. To Consider Ahead Of Cyber Rules

  

  As the Cybersecurity and Infrastructure Security Agency finalizes its proposed Cyber Incident Reporting for Critical Infrastructure Act rules, organizations can take steps to navigate the uncertainty that stems from inconsistent critical infrastructure sector definitions and overlapping sector boundaries, say attorneys at Wiley.

• Pa. Anti-SLAPP Ruling Shows Risks Of Atty Defamation Suits

  

  A Pennsylvania federal court’s recent Lento Law Group v. Estrada ruling addressed an unsettled question about mandatory fee-shifting provisions in the state’s anti-SLAPP law — and illustrates why attorneys should think twice before suing former clients over negative online reviews, say attorneys at Pietragallo Gordon.

• What 9th Circ. Devas Ruling Means For AI Infrastructure Deals

  

  The Ninth Circuit's recent confirmation of a $2 billion arbitration award in Devas Multimedia's arbitration against a state-owned commercial arm of India’s space agency creates a cross-border enforcement road map for disputes that are bound to arise from the current generation of artificial intelligence infrastructure deals, says Fernanda Merouco at Davis Wright.

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  Taekwondo Makes Me A Better Lawyer

  

  Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

• What To Know As Legal Duty To Consider AI Takes Shape

  

  While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

• How To Structure Protective Order AI Provisions In IP Disputes

  

  A survey of protective orders in recent intellectual property litigation reveals best practices for drafting provisions on artificial intelligence use that maximize IP protection while balancing enforceability with efficient discovery, say Matthew Stephens and Bryce Tabbut at MoFo.

• How FCC Covered List Blitz Is Sidelining Commerce Dept.

  

  The swath of recent Federal Communications Commission rulemakings raises serious questions about the purpose and future of Commerce's Office of Information and Communications Technology and Services, and how the U.S. government will go forward in imposing national security regulation on domestic applications of adversary-linked technologies, says Peter Jeydel at Troutman.

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  Being In A Band Made Me A Better Lawyer

  

  Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

• Rethinking Corporate Travel Rules After Device Search Cases

  

  A recent New York federal court decision approving a warrantless seizure and search of company laptops and a pending Georgia federal court criminal case over a phone's data deletion underscore how little protection corporate personnel have at the border, necessitating a review of corporate travel programs, say attorneys at Gibson Dunn.

• 6 Key Takeaways From CFIUS Annual Report

  

  Attorneys at Simpson Thacher review highlights from the annual report of the Committee on Foreign Investment in the U.S., released to Congress this month, including the launch of the American First Investment Policy and the Known Investor Pilot Program, and the agency's continued focus on enforcement despite its resource constraints.