Technology

Expert Analysis

• Inside The Latest Congressional Hearing On Crypto

  

  Following a July hearing by the House Committee on Agriculture on the regulation of cryptocurrencies and blockchain technology, Todd Friedman of Silver Miller recaps the views of various stakeholders — from the former head of JPMorgan's blockchain program to a former chairman of the U.S. Commodity Futures Trading Commission.

• Series

  Clerking For Ginsburg: In Pursuit Of Precision

  

  As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

• ReadyTech And The Future Of The Privacy Shield

  

  Despite the Federal Trade Commission’s commitment to continue regulating and enforcing the Privacy Shield program — as evidenced by a settlement last month with ReadyTech — the program itself has recently been placed in jeopardy, says Jason Sarfati of Arent Fox LLP.

• Crypto Economy Presents Novel Challenges For Insurers

  

  In cryptocurrency insurance, volatility disproportionately affects every stage of an insurance policy's life cycle from underwriting to adjustment of losses. This creates real challenges — especially when it comes to valuing losses, say Thomas Caswell and Dennis Anderson of Zelle LLP.

• The Pros And Cons Of Licensing Technology

  

  Statistics show that licensing activity is at an all-time high. Still, companies should carefully consider whether and how to license technology, as licensing arrangements can present a conundrum for both intellectual property owners and licensees, say Toni Hickey of Cummins Inc. and William Barrow and Charles Harris of Mayer Brown LLP.

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  Clerking For Ginsburg: My RBG Guide To Judging

  

  I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

• 3D Gun Legality After Defense Distributed Settlement, Ruling

  

  A month after the U.S. Department of Justice reached a settlement allowing Defense Distributed to legally publish and share its 3D printable gun files on the internet, a Washington federal court granted a preliminary injunction. The reach of permissible file sharing for do-it-yourself plastic guns in the age of 3D printing just took an unexpected turn, says Kelsey Wilbanks of Smith Pachter McWhorter PLC.

• Responding To Fed. Circ.'s Latest Patent Damages Test

  

  Although the Federal Circuit's decision last month in Power Integrations v. Fairchild appears to raise the bar on using an entire product as the royalty base, other recent decisions appear to relax requirements for certain plaintiffs or even provide an alternate path to the same damages figure, say Eric Phillips of VLF Consulting Inc. and Amol Parikh of McDermott Will & Emery LLP.

• Series

  Clerking For Ginsburg: 4 Things I Learned

  

  A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

• Opinion

  A Decade Of US Patent Reform Must Not Be Undone

  

  Recent reforms in America's patent system have nurtured a remarkable burst of American innovation. Despite this, legislation has been filed in Congress that would effectively repeal the America Invents Act and overturn a number of U.S. Supreme Court decisions, says John Thorne of the High Tech Inventors Alliance.