Technology

Expert Analysis

• Rebuttal

  The Future Of Litigation Finance Is Analytics

  

  In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

• New Chance To Bypass DMCA Copyright Circumvention Ban

  

  The U.S. Copyright Office recently initiated its seventh triennial rulemaking proceeding​ to evaluate proposed exemptions to the anti-circumvention provision in the Digital Millennium Copyright Act. With each passing cycle, the proceeding has grown in interest, participation and complexity, say Jacqueline Charlesworth, former general counsel of the Copyright Office, and Michelle Choe of Covington & Burling LLP.

• The Do's and Don’ts Of Minimizing Risk For TCPA Liability

  

  Uber's recent Telephone Consumer Protection Act settlements come after a long string of similar actions plaguing businesses across the nation. Each settlement, including those like the ones Uber is currently finalizing, serves to embolden private plaintiffs and their counsel, say Joshua Briones and Crystal Lopez of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

• Where AI Meets Cybersecurity And The Legal Profession

  

  Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

• Welcome Changes For Cos. Hiring Foreign Talent: Part 3

  

  In the final part of this series, Andrew Greenfield of Fragomen, Del Rey, Bernsen & Loewy LLP examines a new regulation that clarifies when a new employer can take advantage of a prior employer’s sponsorship without incurring the cost and risk of new sponsorship.

• Welcome Changes For Cos. Hiring Foreign Talent: Part 2

  

  In part 2 of this three-part series, Andrew Greenfield of Fragomen Del Rey Bernsen & Loewy LLP explores some of the questions surrounding a new type of temporary U.S. work permit designed to bridge a gap in employment authorization while the employee seeks alternate green card sponsorship.

• Your Apps May Be Selling You Out

  

  Most people probably assume the access they give an app or the personal information they enter into an app is strictly confined to their personal phone. But this assumption is incorrect and could potentially lead to a significant loss of privacy or even identity theft, say Amy Furness and Olga Vieira of Carlton Fields Jorden Burt PA.

• Gilstrap's Venue Test: The 4 Factors And What They Mean

  

  On the heels of the U.S. Supreme Court's TC Heartland decision, Judge Rodney Gilstrap of the Eastern District of Texas recently ruled on venue issues in Raytheon v. Cray — but the court did not stop there. The judge also laid out a four-part framework for determining what constitutes “a regular and established place of business,” say Yar Chaikovsky and Wei Wang of Paul Hastings LLP.

• Weekly Column

  Innovating For Wise Juries: Interim Arguments

  

  By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

• Unstructured Data Is Just The Tip Of The Iceberg

  

  Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.