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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.

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?

Analysis

5 Ways Law Is ‘Taking Up Arms’ Against 3-D Guns

Ian Lopez | August 03, 2018

A look at how lawmakers are looking to put a halt to efforts to publish 3-D gun blueprints on the Web.

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.

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.

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.

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Ninth Circuit watchers reached shortly after news broke that President Trump's first Ninth Circuit nominee had been withdrawn were shocked.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.

Analysis

Hogan Lovells’ New Asia Pacific and Middle East Head Has Big Plans in an Interconnected World

John Kang | July 12, 2018

Miguel Zaldivar is the first American partner to oversee the region for the firm. He wants to improve the interconnection between the firm's practices in the Asia Pacific/Middle East and its practices in the U.S. and Europe.

Analysis

In Wake of SCOTUS 'Carpenter' Decision, Koh Looks Prescient on Cell Tower Data

Ross Todd | June 22, 2018

In a case over government access to historical cell tower location data, Koh issued a July 2015 decision raising the bar for law enforcement agencies asking to collect the type of cell-tower data routinely used to track criminal suspects’ whereabouts.

Analysis

What Happens When a Cryptocurrency Becomes a Security? Major Disruption

Rhys Dipshan | June 21, 2018

A class action lawsuit alleging that Ripple Lab’s XRP Cryptocurrency violates securities laws poses existential and potentially far reaching effects for a still-evolving market.

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Analysis

3 Takeaways From SEC CorpFin Director's Big Crypto Speech

Ben Hancock | June 14, 2018

SEC Division of Corporate Finance Director William Hinman's remarks at the Yahoo Finance All Markets Summit offered some of the clearance indication to date of how the regulator analyzes initial coin offerings.

Analysis

Supreme Court Justices Continue to Shed Stock Holdings, New Disclosures Show

Tony Mauro | Marcia Coyle | June 14, 2018

Chief Justice John Roberts Jr. and Justices Samuel Alito Jr. and Stephen Breyer each reported selling stock holdings, according to the latest financial disclosure forms, released Thursday. Other stock sales reported in the forms also help explain justices' recusal behavior in cases before the Supreme Court.

Analysis

John Roberts, Hypotheticals & More: 4 Takeaways From Minnesota Voter-Apparel Ruling

Marcia Coyle | June 14, 2018

U.S. Supreme Court Chief Justice John Roberts Jr., leading the court in striking down Minnesota's ban on political apparel in the voting booth, showed again he is the justice steering the court through challenges under the First Amendment and making these rulings a crucial part of his legacy.

Analysis

The Rise of the 'Crypto Czar,' the Fall of a 'Blockchain Evangelist'

DEBORAH MESHULAM, BENJAMIN KLEIN AND RICHARD KELLEY | June 07, 2018

The cryptocurrency enforcement landscape continues to evolve with several important developments this past week, including the appointment of a “Crypto…

Analysis

In New Theranos Book, Boies Schiller Doesn’t Come Off So Great

Ben Hancock | May 31, 2018

Wall Street Journal reporter John Carreyrou's account of corporate fraud at Theranos depicts Boies Schiller Flexner as using hardball tactics to keep the truth from coming out. David Boies says it's an overdramatization.

Analysis

Facebook's GDPR Challenge and the Conundrum of Consent

Ian Lopez | May 04, 2018

The EU’s General Data Protection Regulation goes against the business models of Facebook and many other internet companies, say some compliance experts.

Analysis

Why Is the Government Pushing for TAR in the Cohen Privilege Review?

Rhys Dipshan | May 03, 2018

Using technology-assisted review (TAR) technology in the U.S. v. Cohen privilege review could potentially expedite the process, while offering transparency around decision-making.

Analysis

3 Ways the GDPR Will Change How Legal Professionals Work

Ben Hancock | May 02, 2018

Experts share their insights on how the massive EU privacy law not only changes the landscape for companies, but affects their approach to practicing law and e-discovery.

Analysis

Will DNC Civil Suit Against Trump, Russia Lead to an E-Discovery Battle?

Ian Lopez | April 27, 2018

Getting to the discovery stage could prove challenging, but if it does, one expert says it "really opens the door for the DNC lawyers to obtain critical electronic evidence."

Analysis

Higher Law: Your 4/20 Update on Cannabis as a Practice

Cheryl Miller | April 20, 2018

What do President Trump's statements on marijuana might mean for state-legalization efforts? Plus, California is trying—again—to find a banking solution for cannabis businesses and a marijuana law boutique expands to meet demand.

Analysis Investigation

Questions Over Collection and Review Pile Up in Mueller Investigation

Ian Lopez | April 16, 2018

In the ongoing investigation involving evidence of varying data types from various sources, questions over evidence production and review loom.

Analysis

Does Cyberinsurance Cover Phishing Scams? Ask Your Local Federal Court

Rhys Dipshan | April 16, 2018

Federal courts are split on whether computer fraud provisions in cyberinsurance policies cover the actions of employees tricked into sending funds to cybercriminals.

Analysis

Facebook Collected Users' Text and Calls Logs. Will the FTC Act?

Rhys Dipshan | April 12, 2018

On Android mobile operating systems, Facebook could bundle its permissions requests, leaving users in the dark about exactly what data the mobile app was collecting.

Analysis

For Chamber, Replicating Wisconsin Win on Litigation Funding Transparency Won't Be Easy

Ben Hancock | April 11, 2018

Provisions requiring the disclosure of third-party litigation funding contracts in Wisconsin courts came together amid a unique set of circumstances on the ground.

Analysis

Why State AGs Are Panning Proposed Federal Breach Notification Law

Rhys Dipshan | April 04, 2018

States worry the Data Acquisition and Technology Accountability and Security Act would restrict their ability to go after enterprises that keep breaches hidden.

Analysis

The Return of WannaCry? Why the Ransomware Threatened Boeing

Rhys Dipshan | April 03, 2018

Almost a year old, the WannaCry ransomware still poses a threat to organizations unable to patch or replace their old systems.

Analysis

Inside the CLOUD Act: Parsing the Privacy Implications

Rhys Dipshan | March 28, 2018

One of biggest tech law change in decades, the CLOUD Act has been praised by the largest U.S. tech companies, but panned by privacy and civil rights groups.

Analysis

Search Begins for Latham's Next Leader

Scott Flaherty | March 22, 2018

As Latham & Watkins grapples with the sudden departure of its chairman amid misconduct allegations, who could be next to take the helm?

Analysis

Despite Likely Section 230 Cover, Removing 'Fake News' Can be Tricky

Rhys Dipshan | March 22, 2018

Social media companies and websites are likely protected under Section 230 of the Communications Decency Act when removing fraudulent content from their platforms. But that doesn’t make it easy.

Analysis

The US Senate Is on Track to Pass the Section 230 Bill. Here's What You Need to Know.

Ben Hancock | March 13, 2018

The legislation alternately known as SESTA and FOSTA has gone through multiple iterations. Depending on who you talk to, the latest version is either a welcome compromise or the "worst of both worlds" for internet companies.

Analysis

Virtual and Augmented Reality’s Legal Landmine: User-Generated Data

Rhys Dipshan | March 12, 2018

The content that VR and AR products host—and the data they collect—may put them on a collision course with IP laws.

Analysis

Blocking Qualcomm Acquisition, CFIUS Signals Broader Review of Foreign Investments

Rhys Dipshan | March 09, 2018

U.S. supremacy with 5G technology and its ability to set standards for future wireless networks weighed heavily on the committee’s rejection of the proposed hostile takeover.

Analysis

Who's That in the Sky? FAA Poised to Move Forward With Drone ID Rule

Ben Hancock | March 05, 2018

A rule requiring drone identification technology could help pave the way for other, more permissive regulations. But it's up in the air how the FAA will handle legal restrictions on regulating hobbyists and privacy challenges.

Analysis

E-Discovery Can Tame Emojis, But Can’t Outpace Them

Rhys Dipshan | February 26, 2018

Due to their nature and growth, emojis pose a large, but not entirely insurmountable, challenge for e-discovery practitioners.

Analysis

What Makes Chief Justice Roberts Lose His Cool

Tony Mauro | February 26, 2018

Listen to the exchange that made the Supreme Court's even-tempered chief justice flare up during oral argument.

Analysis

Will Chief Justice Roberts Be Asked to Testify on Nunes Memo?

Tony Mauro | February 08, 2018

The suggestion that Chief Justice John Roberts Jr. might be asked to testify before Congress in the wake of the controversial “Nunes memo” is drawing criticism and raising questions about the separation of powers.

Analysis

Blockchain 101: Law Schools Tackle the New Frontier

Gabrielle Orum Hernández | February 08, 2018

Law schools noticed the boom in interest around blockchain through the end of 2017, and they are now working hard to try to develop content around it.

Analysis

Is RBG's State of the Union No-Show a No-No?

Tony Mauro | January 29, 2018

The justice's critics pounced on Twitter. But, in fact, it's common for Supreme Court justices to skip the annual presidential address.

Analysis

Latest Rap on Gorsuch: He’s a Rotten Writer

Tony Mauro | January 26, 2018

Neil Gorsuch has his defenders. Still, criticism that his writing is heavy-handed has to sting for a justice who has long been praised for his prose.

Analysis

3 Takeaways From $300M Gender Bias Suit Against Ogletree

Scott Flaherty | January 16, 2018

This latest gender discrimination complaint bears some resemblance to other recent suits against law firms. But it also has some distinguishing and unique features.

Analysis

How Will Generation X Lead Big Law?

Lauren Still Rikleen | January 04, 2018

Stop obsessing about the millennials (for now). Gen X lawyers are moving into top leadership roles at firms, while confronting challenges that their predecessors never faced. Are they up to the job?

Analysis

Litigation Funding: 5 Things to Watch for in 2018

Ben Hancock | January 02, 2018

After a year with lots of growth and eye-popping dollar figures, 2018 will see increased pressure for funders to find worthwhile deals.

Analysis

Opioids, Data Breaches Expected to Dominate Mass Torts in 2018

Amanda Bronstad | December 21, 2017

Opioids and data breaches are expected to be the hot mass torts in 2018, with tort reform expected to resurface on Capitol Hill.

Analysis

With Kozinski's Departure, Calls for Transparency and a Ninth Circuit in Flux

Ross Todd | December 18, 2017

Court watchers expect Kozinski's resignation won't be the end of the judiciary's #metoo moment.

Analysis

Justice Thomas Ventures Beyond Elite Schools to Fill Clerkship Posts

Karen Sloan | December 11, 2017

In a system where justices pull heavily from their own alma maters and a handful of other top schools, Justice Clarence Thomas casts the widest net.

Analysis

Who Are the Supreme Court's Biggest Feeder Judges?

Tony Mauro | December 11, 2017

The path to a U.S. Supreme Court clerkship runs disproportionately through the chambers of certain circuit judges, many of whom sit on the U.S. Court of Appeals for the D.C. Circuit and almost all of whom are white men.

Analysis

Why Did Feds Hand Over Former Uber Employee’s Explosive Letter in Waymo Fight?

Ross Todd | December 06, 2017

The rare, if not unprecedented move, to hand over a piece of evidence that surfaced in a parallel criminal investigation has former prosecutors abuzz.

Analysis

Can the GRE Cure What Ails Law Schools?

Angela Morris | November 29, 2017

An analysis provides a window into why law school deans are pinning their hopes on the GRE to boost diversity and the sheer number of applicants.

Analysis

Future of Patent Litigation Hangs in the Balance: What to Watch For at Oil States Arguments

Scott Graham | November 22, 2017

On Monday morning, the U.S. Supreme Court will consider two cases that could upend or significantly reshape inter partes review.

Analysis

Wal-Mart FCPA Settlement Offers Big Lessons for GCs About Bribery

Sue Reisinger | November 17, 2017

The bribery case that has plagued the world's largest retailer has provided some teachable moments for GCs.

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