Technology

Expert Analysis

• Practicality Is A Driving Force In High Court Microsoft Case

  

  Absent new legislation or a major reformation of the mutual legal assistance treaty process, victory in the Microsoft case at the U.S. Supreme Court may be vital for the government when it comes to its ability to conduct investigations in the fast-paced world of electronic data and cybercrime, says James Kitchen of Jones Day.

• Innovation-Based Tech Standards Under Growing Threat

  

  It is frightening to consider how many technological innovations of the last 20 years might have missed mass adoption had they been subject to the same pressures faced by innovators today, says David Kappos, a partner at Cravath Swaine & Moore LLP and former director of the U.S. Patent and Trademark Office.

• Class Action Lawyers Behaving Badly

  

  In prosecuting and defending class actions, a conservative, ethical and salutary approach should be taken by all parties. Unfortunately, a survey of recent cases reveals a wide range of problematic behavior by certain class action attorneys, which only lends credence to criticisms of the class action concept, says retired judge Thomas Dickerson.

• Make An Informed Choice About Arbitration

  

  In an age of data-driven decision-making, too many companies are making important choices about dispute resolution based on anecdotes and isolated experiences. I’d like to explain why a number of objections to arbitration are ill-founded, says Foley Hoag LLP partner John Shope.

• Opinion

  The Dangers Of DOJ Victory In High Court Microsoft Case

  

  American tech firms have dominated the world for decades. But now, in the Microsoft warrant case, the U.S. Department of Justice may clumsily, inadvertently and shortsightedly accomplish what foreign governments and international competitors have been unable to do — kill the goose that lays the golden eggs, say ​​​​​​​Saad Gul and Michael Slipsky of Poyner Spruill LLP.

• Protecting Privilege In Litigation Financing Negotiations

  

  Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

• Using The Purchase Funnel To Analyze Consumer Behavior

  

  In many lawsuits, questions of impact and damages turn on whether the defendant’s conduct caused consumers to buy more or fewer of a product than they would otherwise. A better understanding of the consumer decision process can be derived using what economists call the "purchase funnel," say Nikita Piankov of Analysis Group and Catherine Tucker of the MIT Sloan School of Management.

• The Securities Law Questions Raised By #MeToo

  

  Although companies often do not disclose internal or government investigations generally, and there are no cases obligating disclosure of sexual harassment investigations specifically, companies are not impervious to litigation for failing to disclose such information, or for breach of fiduciary duty in connection with tolerating sexual harassment, say attorneys with Goodwin Procter LLP.

• Avoid Getting A Plaintiff's Fingerprint Pointed At You

  

  Over the last year or so, what began as a handful of cases under the little-known lllinois Biometric Information Privacy Act has evolved into a wave of well over 30 cases against some of the world’s largest companies. However, a recent decision from the Illinois Court of Appeals could potentially stifle the growing momentum, say Stephanie Sheridan and Meegan Brooks of Steptoe & Johnson LLP.

• Why Machine Learning Should Matter To Lawyers

  

  Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.