Expert Analysis

• Consumer Privacy Takeaways From FTC Extraterritorial Action

  

  With what appears to be its first privacy-related consent agreement with a non-U.S. business, the Federal Trade Commission establishes that its reach is extraterritorial and that consumer internet browsing data is sensitive data, and there are lessons for any multinational business that handles consumer information, say Olivia Greer and Alexis Bello at Weil.

• A Look At Ex Parte Seizures 8 Years Post-DTSA

  

  In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.

• Series

  Whitewater Kayaking Makes Me A Better Lawyer

  

  Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

• AI In The Operating Room: Liability Issues For Device Makers

  

  As healthcare providers consider medical devices that use artificial intelligence — including systems to help surgeons make decisions in the operating room — and lobby to shift liability to device manufacturers, companies making these products must review potential product liability risks and important design considerations for such equipment, say attorneys at Troutman Pepper.

• 10 Years After Alice, Predictability Debate Lingers

  

  A decade after the U.S. Supreme Court’s Alice ruling, critics continue to argue that the subject matter eligibility framework it established yields inconsistent results, but that contention is disproved by affirmance data from the Federal Circuit, district courts and the Patent Trial and Appeal Board, say Dennis Abdelnour and David Thomas at Honigman.

• This Earth Day, Consider How Your Firm Can Go Greener

  

  As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

• 4 Ways AI Tools Can Improve Traditional Merger Analyses

  

  Government officials at the American Bar Association's annual antitrust spring meeting last week reinforced the view that competition cases will increasingly rely on sophisticated data analysis, so companies will likewise need to use Big Tech quantitative techniques to improve traditional merger analyses, say Patrick Bajari, Gianmarco Calanchi and Tega Akati-Udi at Keystone.

• How Companies Can Use Big Data As A Strategic Asset

  

  Artificial intelligence technology powered by big data has the potential to create radical improvements to business operations, but if big data is improperly protected or monetized, this same information can give competitors similar advantages, or at the very least undermine a company's edge, say Gary Weinstein and Hudson Peters at Faegre Drinker.

• Oracle Ruling Underscores Trend Of Mootness Fee Denials

  

  The Delaware Chancery Court’s recent refusal to make tech giant Oracle shoulder $5 million of plaintiff shareholders' attorney fees illustrates a trend of courts raising the standard for granting the mootness fee awards once ubiquitous in post-merger derivative disputes, say attorneys at Troutman Pepper.

• Circumstantial Evidence Requires A Pointillist Approach

  

  Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.

• Cos. Should Mind Website Tech As CIPA Suits Keep Piling Up

  

  Businesses should continue evaluating their use of website technologies and other data-gathering software and review the disclosures in their privacy policies, amid an increase so far in 2024 of class actions alleging violations of the California Invasion of Privacy Act's pen register and trap-and-trace provisions, say attorneys at Sheppard Mullin.

• 3 Tech Sourcing Best Practices That Are Relevant For AI

  

  It might be tempting to think that sourcing artificial intelligence tools requires a completely new set of skills, but the best practices that lead to a good deal are much the same as traditional technology procurement, says Mia Rendar at Pillsbury.

• The Pros And Cons Of NIST's Proposed March-In Framework

  

  Recent comments for and against the National Institute of Standards and Technology’s proposed guidance on march-in rights — which permit the government to seize federally funded patents — highlight how the framework may promote competition, but could also pose a risk to contractors and universities, say Nick Lee and Paul Ragusa at Baker Botts.

• Comparing Corporate Law In Delaware, Texas And Nevada

  

  With Elon Musk's recent decision to reincorporate his companies outside of Delaware, and with more businesses increasingly considering Nevada and Texas as corporate homes, attorneys at Baker Botts look at each jurisdiction's foundation of corporate law, and how the differences can make each more or less appealing based on a corporation's needs.

• Opinion

  Federal MDL Rule Benefits From Public Comments

  

  The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.