Technology

Expert Analysis

• Trouble Ahead For Federal Commercial Software Suppliers

  

  Manufacturers who sell significant volumes of commercial off-the-shelf software to the federal government, and who either are or plan to be substantially in the cloud, may be disadvantaged by the U.S. Small Business Administration’s recent proposed rule if promulgated in its current form, says Albert Krachman of Blank Rome LLP.

• Does Voluntary Disclosure Make More Sense After Goodyear?

  

  It appears that Goodyear Tire & Rubber Co. made the right decision and voluntary disclosure was a beneficial move. A review of other recent cases tells somewhat of a mixed story, say Robert Appleton and Kenton Atta-Krah of Day Pitney LLP.

• EB-5 — A Global Crowdfunding Platform

  

  Transcending the Silicon Valley notions of crowdfunding, the EB-5 investor visa program has allowed a new wave of cash injection for startups and businesses, one whose promise for new startups and commercial real estate projects is both enormous and untapped, say Shai Zamanian and Preeya Malik, co-founders of investment immigration services firm Step America.

• Privacy Laws In Retro Packaging

  

  The government's use of planes that trick cellphones into reporting their unique registration information and general location is yet another example of the increasing tension between privacy and security and a demonstration of how laws that are on the books do not keep up with technology, say Shamoil Shipchandler and Rachel Riley of Bracewell & Giuliani LLP.

• Tips For Dealing With Open Source Issues In M&A

  

  For both the buyer and seller, understanding the implications of the target’s use of open source software should play a significant role in preparing for, and evaluating, a contemplated merger or acquisition, say Jeffrey Johnson and Michelle Pham of Pryor Cashman LLP.

• Ignore The Digital Economy Tax Movement At Your Own Peril

  

  Once again, we find ourselves faced with a proposal attempting to target and provide special tax rules for income generated by digital goods and services. While it may be easy to dismiss this specific provision as unlikely to be implemented, it would be unwise to ignore the momentum that is building, says Gregory Hartker of K&L Gates LLP.

• Report Highlights Continued Need For CFIUS Planning

  

  The recently published annual report from the Committee on Foreign Investment in the United States shows a decline in reviewed transactions for 2013, an increase in cases taken to the 45-day investigation phase and some notable developments regarding the countries most active in CFIUS reviews, say attorneys with Kaye Scholer LLP.

• This Week In Congress: Netanyahu's Controversial Visit

  

  As predicted, Congress managed to avoid a Department of Homeland Security shutdown, but the continuing resolution was shorter than expected. Both chambers will need to spend time this week trying to resolve the funding issue. Meanwhile, other issues remain up in the air as attention turns to Iranian nuclear development, with the Israeli prime minister scheduled to address Congress on Tuesday, say members of Covington & Burling LLP.

• Spotlight On Public Availability In Inter Partes Review

  

  Two back-to-back decisions by the Patent Trial and Appeal Board — Sipnet EU S.R.O. v. Straight Path IP Group Inc. and Toyota Motor Corporation v. American Vehicular Sciences LLC — help to bookend its views on when information in an inter partes review proceeding is or is not a printed publication, says Michael O’Neill of Fitzpatrick Cella Harper & Scinto LLP.

• FCC Adopts Net Neutrality Regulations — What Lies Ahead?

  

  If allowed to stand, the Federal Communications Commission's revised network neutrality regulations will have far-reaching implications for the telecommunications, media, content, Internet and technology industries. One of the first decisions that net neutrality opponents will need to make is whether to seek a judicial stay of the order and the regulations, say attorneys with Skadden Arps Slate Meagher & Flom LLP.