Expert Analysis

• ​Preparing For Enforcement Of IT Supply Chain Security Rule

  

  ​With indications that the U.S. Department of Commerce may imminently begin enforcement of a rule addressing national security risks in the information technology supply chain, companies can prepare by implementing techniques similar to those employed during reviews by the Committee on Foreign Investment in the United States, say Tyler Grove and John Hannon at Hughes Hubbard.

• Medicare Developments Ahead For Remote Health Monitoring

  

  Stakeholders interested in remote monitoring services should keep an eye on an upcoming multijurisdictional contractor advisory committee meeting that may lead to a new local coverage determination affecting Medicare coverage for remote monitoring devices, say attorneys at McDermott.

• 5 Key Areas Of Privacy Compliance Following State Laws

  

  As comprehensive data privacy laws take effect in California, Colorado, Connecticut, Utah and Virginia this year, organizations should ensure compliance with changing obligations related to vendor agreements, sensitive personal information, cookies and more, say Catherine Kozlowski and Aaron Ogunro at Polsinelli.

• The Discipline George Santos Would Face If He Were A Lawyer

  

  Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.

• Financial Services, Fintech Are Top CFPB Areas To Watch

  

  Amid a flurry of recent developments related to the consumer financial services and fintech sectors, the Consumer Financial Protection Bureau's enforcement trends show it is focusing on large corporate repeat offenders, fair lending, junk fees, consumer data and more, says Eamonn Moran at Norton Rose.

• Aggressive Insider Trading Enforcement Will Persist This Year

  

  Enforcement agencies’ aggressive crackdown on insider trading last year — focusing on the rapidly developing digital asset industry, new theories of liability, rule amendments and congressional stock activity — is expected to continue apace in what promises to be an active and innovative period to come, say attorneys at Kasowitz.

• Why Strong Cybersecurity Is Key To Protecting Trade Secrets

  

  Recent cyberattacks show that cybercriminals are becoming more targeted, seeking out proprietary data rather than encrypting the network wholesale, and making cybersecurity crucial to protecting businesses' trade secrets, say attorneys at Baker McKenzie.

• 10 Areas To Watch In Aerospace And Defense Law

  

  Joseph Berger and Francis Purcell at Thompson Hine discuss what's ahead for federal contractors, given the government's continued focus on aiding Ukraine and sanctioning Russia, pending cybersecurity and climate disclosure regulations, U.S. leadership in new and emerging technologies, and more.

• SEC Case Is A Warning Governance Tokens May Be Securities

  

  The U.S. Securities and Exchange Commission's complaint against crypto trader Avraham Eisenberg reinforces its position that most governance tokens are securities, meaning decentralized autonomous organizations should proceed with caution when designing their digital assets, say Arina Shulga and Jeffrey Kelly at Nelson Mullins.

• A Litigation Move That Could Conserve Discovery Resources

  

  Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

• Issues To Watch In Fla.'s Telehealth Genetic Counseling Bills

  

  Two recently introduced Florida bills would expand the state’s telehealth statute to include genetic counseling services, and though they currently don’t have opposition, they may have to overcome data privacy and out-of-state licensing concerns, say Erika Alba and Jacqueline Acosta at Foley & Lardner.

• Litigators Should Approach AI Tools With Caution

  

  Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

• Calif. Privacy Law Holds Implications For Mental Health Apps

  

  California is leading the way in privacy regulation with its amended Confidentiality of Medical Information Act, which has important compliance repercussions for mental health app developers and could serve as a model for similar laws in other states, say Christine Moundas and Elana Bengualid at Ropes & Gray.

• Agency Actions Show Shared Focus On Digital Ad Tactics

  

  Recent coordinated actions taken by the Consumer Financial Protection Bureau, U.S. Department of Justice and Federal Trade Commission demonstrate a new focus on assailing two distinct digital advertising practices — dark patterns and the use of algorithms for targeting consumers, say Kyle Tayman and Tierney Smith at Goodwin.

• Mapping The Transport Sector's Road To Zero Emissions

  

  Transportation companies that hope to lead the multiagency U.S. National Blueprint for Transportation Decarbonization's recently announced transition to zero-emission vehicles and fuels should anticipate a host of commercial and legal issues, say Levi McAllister and Pamela Wu at Morgan Lewis.