Analysis

Law.com | Analysis

Skilled in the Art: PTAB Shake-Up Underway. Plus IPR 'Hostage' Situation Leads to Fee Award

Scott Graham | August 14, 2018

David Ruschke, chief judge of the Patent Trial and Appeal Board, has told colleagues that he'll be stepping into a new role. That gives PTO Chief Andrei Iancu an opening to reshape the tribunal.

The Recorder | Analysis

3 Takeaways From the Ruling Keeping the Tezos ICO Suit Alive and Stateside

Ross Todd | August 10, 2018

Although U.S. District Judge Richard Seeborg's ruling was far from the final word on whether the Tezos initial coin offering ran afoul of U.S. securities laws, it did offer the judge's early look at some critical issues in the case.

The American Lawyer | Analysis

ABA Clarifies Rules on Lawyer Advertising (Sort Of)

Scott Flaherty | August 09, 2018

At the ABA's recent national convention, a board of delegates voted to adopt a set of changes to model rules surrounding attorney advertising, a confusing ethical area for both Big and Small Law.

Law.com | Analysis

Higher Law: Watch This Colorado Patent Case | A Prosecutor's Salty Take on Marijuana | Plus: New Lobbying, and Who Got the Work

Cheryl Miller | August 09, 2018

Here's why patent lawyers are closely watching a new cannabis case in Colorado federal district court. Plus: one federal prosecutor has a lot to say about pot—on Twitter. Plus: we've got some new lobbying disclosure to share below. Thanks for reading Higher Law.

The American Lawyer | Analysis | News

A Big Four-Branded New Law Competitor Could Be a ‘Safe Disruptor’

Roy Strom | August 08, 2018

Ernst & Young is the first of the Big Four to acquire a managed services firm. What happens next?

Corporate Counsel | Analysis

Summer Internships in Silicon Valley Offer New Route In-House for Law Students

Caroline Spiezio | August 07, 2018

NetApp, Adobe and Google are among the companies tempting law students with summer programs that just might convince them to opt for the in-house path in their legal careers.

Law.com | Analysis

Foreign Lost Profits Recoverable for Patent Damages

Elizabeth B. Hagan | August 03, 2018

The U.S. Supreme Court recently held that a patent owner may recover lost foreign profits for infringement. The holding in WesternGeco LLC v. ION Geophysical rejects the Federal Circuit’s categorical exclusion of lost profits damages for foreign sales, and expands the potential for increased damages from domestic competitors operating in foreign markets.

International | Analysis

Law Firms Uneasy as the Big Four Make Their Big Push in Asia

John Kang | Anna Zhang | August 03, 2018

The giant accounting firms are rapidly expanding their legal services offerings in key areas of the world's largest continent. Will they wrest valuable work from global law firms?

Law.com | Analysis

For Midsize Firms, the Big Four Threat is Very Real

Lizzy McLellan | August 02, 2018

Midsize firm leaders aren't running scared, but the competition is no joke.

Legaltech News | Analysis

Giving Away Your Genes: US Laws' Blind Spot With DNA Data

Rhys Dipshan | August 02, 2018

Despite a number of federal and local laws regulating genetic information, there are few laws directly regulating what private genetic testing companies can or can’t do with the data they collect.

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Law.com | Analysis

Inside Track: And the Nation's Highest Paid GC Is...

Rebekah Mintzer | August 01, 2018

In this week's Inside Track, we take a look at our 2018 GC Compensation Survey, which reveals the best paid in-house legal leaders in the land. We also hear about one GC's experience with workplace bias and examine what Facebook might be looking for in its next top lawyer, now that Colin Stretch has announced he is leaving.

Law.com | Analysis

Critical Mass: After Facebook Stock Price Plunged, NYC Firm Won Race to Courthouse. Plus: Mixed Decision in Case Over Aveeno Baby Products

Amanda Bronstad | August 01, 2018

One day after more than $100 billion in Facebook stock value was erased, a team of New York-based litigators filed a proposed class action suit against the social media company, contending its leaders misled shareholders about its business operations.

Law.com | Analysis

What's Next: Robots Find Crooks In Congress, Plus Downloadable Guns & Blockchain Meets Big Law

Ian Lopez | August 01, 2018

A look at some of the unique crossroads between law and tech.

National Law Journal | Analysis

Lessons From Estée Lauder's Parental Leave Settlement With EEOC

Erin Mulvaney | July 31, 2018

“I don’t think lawyers or government lawyers are thinking about parental leave in different legal framework. I think what’s changed is American workers are interested in parental leave as a benefit,” says Peter Romer-Friedman, an Outten & Golden plaintiffs lawyer in Washington.

The American Lawyer | Analysis

'The Wave of the Future': Law Firm Panels Are Creating a New In-Crowd

Dan Packel | July 29, 2018

Some of the world’s largest law firms are clamoring to sit on clients’ preferred provider lists, trading stigma for the cost of entry to handle high-end work.

The Recorder | Analysis

Two Paths in Court Emerging for Women Suing USC Over Sexual Abuse

Amanda Bronstad | July 27, 2018

So far, nearly 50 lawsuits have been filed against USC and Dr. George Tyndall, the campus gynecologist for more than two decades.

Law.com | Analysis

Skilled in the Art: Fed Does Some Tightening at PTAB | ED-Tex Jurors ♥ Infringers? | Turns Out Versace's Mark Is Strong

Scott Graham | July 27, 2018

The Patent Trial and Appeal Board on Monday invalidated two patents challenged by the 12 Federal Reserve Banks of the United States.

Law.com | Analysis

Trump Watch: Shake-Up at White House Counsel Office | Can a Trial Judge Gag Order Trump?

Ellis Kim | July 27, 2018

Deputy White House counsel Stefan Passantino is the latest attorney to leave the office.

Law.com | Analysis

Higher Law: #CannaBizSummit: What Lawyers Are Talking About | Behind a Cannabis Lawyer's Plea Deal | Plus: In the Weeds!

Cheryl Miller | July 26, 2018

Catching up with the cannabis bar at the National Cannabis Industry Association's conference in San Jose. Plus: Meet the Trump administration's pick for Colorado U.S. attorney, and scroll down for some of the new client engagements. Thanks for reading Higher Law.

National Law Journal | Analysis

Kavanaugh's Clerk Hires: Inside the Diverse, Ivy-Heavy Group of 48

Marcia Coyle | Tony Mauro | July 26, 2018

The National Law Journal collected available data on Brett Kavanaugh’s 48 clerks. Here are some of the findings on diversity, law schools and Supreme Court clerkships.

Law.com | Analysis

What's Next: Is FOSTA Constitutional? Plus the EU's Regulatory Icebreaker Against Big Tech

Ian Lopez | July 25, 2018

A look at some of this week's biggest events from the intersection of law and tech.

The Legal Intelligencer | Analysis

As Genealogy Databases Aid in Crime-Solving, Are Courts Ready to Tackle DNA Privacy?

Max Mitchell | July 23, 2018

Court watchers agree that privacy will be the biggest concern when courts begin to analyze how familial DNA searches are conducted.

Legaltech News | Analysis

Looking Beyond Document Review, Legal Is Branching Out With Artificial Intelligence

Rhys Dipshan | July 23, 2018

Artificial intelligence is now finding a home in a host of legal processes, including knowledge management and data management.

Law.com | Analysis

Law Firms and Cyber Insurance: Under-Educated and Overexposed

Shawn Moynihan, Rhys Dipshan and Lizzy McLellan | July 23, 2018

Law professionals can gain a deeper understanding of the digital threats they face, and why (and how) they can be properly insured.

International | Analysis

South Korean Firms Make a Push in Vietnam as Most Global Firms Look On

John Kang | July 20, 2018

As thousands of South Korean companies entered the fast-growing Vietnamese market, their law firms followed, giving rise to increased competition in the nation's legal market.

The Recorder | Analysis

Massive $5B Fine Against Google Highlights Long-Term Shift in EU, US Antitrust Enforcement

Caroline Spiezio | July 20, 2018

Why hasn't the U.S. cracked down on Google for antitrust violations in the way Europe has? It might have a lot to do with the regions' individual legal regimes around antitrust.

The Recorder | Analysis

3 Takeaways From Failed Ryan Bounds 9th Circuit Nomination

Ross Todd | July 19, 2018

Ninth Circuit watchers reached shortly after news broke that President Trump's first Ninth Circuit nominee had been withdrawn were shocked. But they said the episode could illuminate challenges the administration faces in changing the makeup of the nation's largest federal appellate court.

Law.com | Analysis

Inside Track: IPO Insider | When Employees Go Activist | International GC Pay Gap

Rebekah Mintzer | July 18, 2018

A behind-the-scenes peek at Dropbox's IPO with the company's VP of corporate legal. Plus, the ground rules for addressing (or suppressing) employee activism.

Law.com | Analysis

Critical Mass: Reading Kavanaugh's Record for Clues on Class Actions. Plus, J&J Copes With Talc Megaverdict

Amanda Bronstad | July 18, 2018

U.S. Supreme Court nominee Brett Kavanaugh has a thin record on class actions and mass torts -- but his writings in a number of cases leaves clues about how he’d treat those areas of law.

International | Analysis

Will the Rise of Artificial Intelligence Lead to More Job Cuts at Law Firms?

Krishnan Nair | July 18, 2018

A PwC report argues that AI could create more jobs than it displaces over the next 20 years.

The Legal Intelligencer | Analysis

More Law Firm Leaders Are Managing From Afar

Lizzy McLellan | July 17, 2018

For firms of all sizes, finding the right leader sometimes means looking beyond the "mother ship."

Law.com | Analysis

Ahead of the Curve: Back to School for a Tech Tune-Up

Karen Sloan | July 16, 2018

Here's a look at how Suffolk's fledgling online certificate in legal education and technology is going. Plus, what the legal academy is saying about Brett Kavanaugh’s SCOTUS nomination.

The Recorder | Analysis

The Long Road to Going Public: A Behind-the-Scenes Look at the Lawyering of Dropbox's IPO

Caroline Spiezio | July 13, 2018

It took teamwork, preparation and smart technology use to get Dropbox's IPO over the finish line earlier this year.

The American Lawyer | Analysis | News

Fox Rothschild and the ‘Dark Art of Copyright Trolling’

Roy Strom | July 13, 2018

The firm is representing a pornography company in its latest nationwide copyright infringement campaign. Can it avoid the controversies that preceded its involvement? Or will a small-time lawyer from Oregon provide the blueprint to stop it?

Law.com | Analysis

Critical Mass: Class Action Lawyers Searching for Clues to Kavanaugh's Approach. Plus, RoundUp Cancer Claim Goes to Trial

Amanda Bronstad | July 11, 2018

Supreme Court nominee Brett Kavanaugh's history of dialing back the prerogatives of federal agencies could be a harbinger of a restrictive approach to class actions, some lawyers say.

Law.com | Analysis

What’s Next: Ready For VR? Legal May Not Be

Ian Lopez | July 11, 2018

In this edition of What’s Next, we look at VR’s challenges to legal, next generation legal tech, and putting AI into perspective.

Law.com | Analysis

Skilled in the Art: Kavanaugh's (Thin) Track Record on IP

Scott Graham | July 10, 2018

Like most SCOTUS nominees, there aren't many crumbs in Brett Kavanaugh's IP trail. Plus, a case testing AIA retroactivity is advancing quickly and King & Spalding scoops up two pharma partners.

Law.com | Analysis

Compliance Hot Spots: What’s Worrying the SEC’s Former Whistleblower Chief? | Uber Snags DOJ's Scott Schools | Lessons from Credit Suisse

C. Ryan Barber | July 10, 2018

The Securities and Exchange Commission wants to revamp its whistleblower program—there's one proposal that has the program’s first director worried. Plus: What should compliance professionals take away from the Credit Suisse settlement with the SEC?

New York Law Journal | | Analysis

Too Little, Too Latte: What Businesses Should Take Away From the Starbucks Predicament

Robert G. Brody and Lindsay M. Rinehart | July 10, 2018

What can other employers learn from Starbucks' recent highly publicized troubles over the arrest for trespassing in Philadelphia of two African-American men who were waiting for a friend? The men were arrested and jailed for several hours before they were released without charges.

Law.com | Analysis

Skilled in the Art: Judge on a Mission | Google Appeals NPE Win | One More Try on Laches

Scott Graham | July 06, 2018

U.S. District Judge Vince Chhabria is shaking up some of the business-as-usual in patent litigation. Pus, highlights from next week's Federal Circuit calendar.

International | | Analysis

Is Singapore the Next Center for Legal Innovation?

Anna Zhang | July 05, 2018

The city-state's government has established programs to advance innovation in the legal profession. Can Hong Kong, Asia's other financial center, catch up?

Law.com | Analysis

Labor of Law: Giving Trump the Middle Finger: Protected Speech? | US Chamber Lawyer Decamps for Plaintiffs Firm | Twitter Beats Class Certification

Erin Mulvaney | July 05, 2018

You've seen the photo of a Virginia employee giving Trump the middle finger—let's explore some of the issues raised in her lawsuit. Also: a boutique plaintiffs firm picks up the U.S. Chamber's top appellate lawyer, and a judge rules for Twitter in rejecting class certification in a gender discrimination case. Thanks for reading Labor of Law!

The American Lawyer | Analysis

How Blank Rome Went From Representing Insurers to Suing Them

Lizzy McLellan | July 04, 2018

Two years after making a big bet to switch sides, the firm's gamble appears to be paying off.

Law.com | | Analysis

Skilled in the Art: Fed Circuit Tightens Again on Damages | Plus, Examining a Rule 11 Ethics Conundrum

Scott Graham | July 03, 2018

Will a third trial be the charm in this high-stakes semiconductor patent case? And what to make of an offer by Fitbit's lawyers to drop to a sanctions motion against opposing counsel in a patent case exchange for certain action by the firm's client?

The Legal Intelligencer | Analysis

'Hope Is Not a Strategy' for Midsize Law Firms in NY. Here's What Works

Lizzy McLellan | July 02, 2018

Several midsize firms based in Pennsylvania and around the mid-Atlantic have made bold moves in New York in recent months.

Law.com | | Analysis

Ahead of the Curve: SCOTUS Edition. Plus UBE Intel

Karen Sloan | July 02, 2018

Could it be a SCOTUS justice without a Harvard or Yale law pedigree?

Law.com | | Analysis

Trump Watch: Trump Reigns Supreme + Manafort's Last Stand

Ellis Kim | July 01, 2018

Excerpt: The president promises to nominate Justice Anthony Kennedy's replacement on July 9. Here's a look at what (and who) is influencing his decision. Plus, a look at Paul Manafort's pre-trial playbook.

Law.com | | Analysis

Skilled in the Art: Looking Back at the Anthony Kennedy Era in IP

Scott Graham | June 29, 2018

In four patent cases where he wrote the majority opinion, Justice Kennedy resisted rigid rules. His 2006 concurrence in eBay v. MercExchange called out non-practicing entities and suggested judges should clamp down on injunctions used to extort settlements.

Law.com | | Analysis

The Law Firm Disrupted: Can Law Firms Think Long Term?

Roy Strom | June 28, 2018

Orrick, Herrington & Sutcliffe partner John Bautista is a director and investor in a startup stock exchange that seeks to encourage long-term investments in publicly traded companies. He also has some ideas about how law firms can plan for the future.

Law.com | Analysis

Higher Law: Some Thoughts on a Marijuana First at the FDA | Pot Rules in the Bible Belt | And: New Lobbying Disclosures

Cheryl Miller | June 28, 2018

We're looking at the FDA's approval of a cannabis-containing prescription drug. How big of a deal was this news? And check out which company is hiring lobbyists on both coasts in Who Got the Work. Thanks for reading Higher Law.

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