Technology

Expert Analysis

• The Digital Divide Remains A Chasm In The US

  

  The Federal Communications Commission has announced that it will not appeal the Sixth Circuit's decision declaring that the FCC does not have authority to preempt state laws that inhibit municipal broadband service expansion. This ruling will make it harder for cities, towns and public entities to compete with for-profit companies, possibly reinforcing the digital divide between rural and urban populations, says John Stephens of Sedgwick LLP.

• Clinton Vs. Trump On IP Law

  

  At the presidential debate Monday night, we will hear about the distinct policy differences between Democratic nominee Hillary Clinton and Republican nominee Donald Trump in such areas as immigration, national defense, crime and taxation. But this election also will set the tone for the future of intellectual property law, says Jack Hicks of Womble Carlyle Sandridge & Rice LLP.

• 9th Circ. Limits CDA Immunity From Failure-To Warn-Cases

  

  Although the Ninth Circuit's recent opinion in Beckman v. Match.com is unpublished, it creates a potentially troubling gap in the Communications Decency Act immunity protecting online services from suits based on the conduct of their users, say Tyler Newby and Hanley Chew of Fenwick & West LLP.

• Practical Uses For Machine Learning In Health Care Cases

  

  Machine learning can efficiently turn enormous volumes of both structured and unstructured data into something meaningful, without losing underlying details. Consultants with Analysis Group Inc. elaborate on how machine learning can be applied in the courtroom in terms of informing legal strategy, identifying relevant materials for experts, and enhancing expert testimony in health care litigation.

• Wearable Device Data As Evidence In Employment Cases

  

  Wearable device data may be the next big thing in the world of evidence for employment cases. Given the nature of the information captured, it is easy to see how this type of data may be relevant to claims of disability discrimination, workers’ compensation and even harassment, say Karla Grossenbacher and Selyn Hong of Seyfarth Shaw LLP.

• How Tribes Can Avoid Gambling With Casino Patrons' Data

  

  While all organizations, regardless of size, are vulnerable to data breaches, casinos are particularly attractive targets for cybercriminals for obvious reasons. Erica Dominitz and Venus Prince of Kilpatrick Townsend & Stockton LLP outline the steps that casinos should take in order to secure adequate cyberinsurance and protect themselves from cyberlosses.

• FTC's Indirectly Set Standard For Mobile Location Tracking

  

  The Federal Trade Commission recently rebuked the mobile app company InMobi for sneakily tracking the locations of app users who did not consent to revealing their location. This case of indirect geolocation determination and indirect misleading of mobile app users has indirectly set broad new responsibilities for app providers, ad networks and analytic firms, says Mark Sableman of Thompson Coburn LLP.

• What To Know About New NHTSA Self-Driving Cars Policy

  

  With the release of its long-awaited guidelines on the regulation of highly automated vehicles Tuesday, the National Highway Traffic Safety Administration appears to be providing automakers a great deal of latitude. However, consumer watchdogs will likely cite the string of recent product recalls as evidence that automakers cannot and should not be allowed to police themselves, says Michael Nelson of Sutherland Asbill & Brennan LLP.

• Overhauling Law Firm Records Departments For A New Reality

  

  As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

• Guarding Against Privilege Waiver In Federal Investigations

  

  It's been well over a year since Judge Andrew Peck gently excoriated the legal community for underusing the not-so-new privilege waiver protections of Rule 502(d). While his remarks may have raised awareness, Rule 502 as a whole, together with any potential federal agency regulations concerning privilege waiver, offers little peace of mind to parties subject to government investigations, say attorneys with BuckleySandler LLP.