Technology

Expert Analysis

• Will The US Match Or Improve On GDPR Privacy Model?

  

  While aspects of proposed U.S. privacy legislation mirror the EU’s General Data Protection Regulation, none of the pending solutions in Congress provides the level of government protection of user data engendered by the GDPR, say Jonathan Walsh and Edward Combs of Curtis Mallet-Prevost Colt & Mosle LLP.

• Opinion

  SEC Needs To Better Understand Cryptocurrency Industry

  

  While subpoenas fly and much confusion surrounds unregistered initial coin offering sales, the U.S. Securities and Exchange Commission staff struggles to grasp the evolving businesses around blockchain. The staff is grinding out ill-fitted comments to issuers, relying on assumptions incompatible with this brand-new industry, says Harvey Kesner of Sichenzia Ross Ference Kesner LLP.

• Series

  Judging A Book: Berzon Reviews 'We The Corporations'

  

  My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

• New Regs Pave Way For China's Self-Driving Car Strategy

  

  Last month, three Chinese government ministries jointly issued national regulations for road testing of autonomous vehicles. The national rules supplement local regulations recently issued in Beijing, Shanghai and Chongqing, and are just one indication of China’s ambitions to lead the world in this new technology, say Mark Schaub and Atticus Zhao of King & Wood Mallesons.

• What ABA’s Position On Harassment Means For Employers

  

  In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

• Practical Considerations For Litigating Proportionality

  

  By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

• Tech Can Help, Not Take Over, Your Real Estate Transaction

  

  Many technologists and pessimists alike have claimed that artificial intelligence and machine learning will replace lawyers. However, current technologies can actually transform and streamline attorneys' jobs, allowing them to complete tasks like real estate transactions in a manner that is better, faster and cheaper, says Shawn Amuial of Holland & Knight LLP.

• Antitrust Concerns About Big Data May Be Overblown

  

  The antitrust world has begun to take notice of the ever-growing amount of data being shared across networks and devices, resulting in calls for new laws and increased enforcement efforts. However, existing antitrust principles — when correctly applied — are sufficient to police a firm’s purported misuse of big data, say Paul Eckles and Luke Taeschler of Skadden Arps Slate Meagher & Flom LLP.

• How Blockchains May Comply With GDPR Mandates: Part 2

  

  The EU’s General Data Protection Regulation may present some challenges to certain blockchain-based solutions. Compliance issues include data minimization, rectification of inaccurate data, access to data and access to data portability, says Kennedy Luvai of Parsons Behle & Latimer PLC.

• Supporting Nontraditional Data Types In E-Discovery

  

  The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.