Technology

Expert Analysis

• Opinion

  The ABA Was Dead Wrong About Model Rule 8.4(g)

  

  In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

• When A Blog Post Leads To Antitrust Liability

  

  It is not uncommon for companies to issue statements about pending litigation. But a California federal court's recent decision in Arista v. Cisco shows that, in some circumstances, such statements could be seen as part of an anti-competitive scheme, say Daixi Xu and Julie Shepard of Jenner & Block LLP.

• Opinion

  The Supreme Court Should Become Boring

  

  In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

• Q&A

  Back To School: BC's Kent Greenfield Talks Corporate Law

  

  In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

• What New Bank Charters Mean For Fintech

  

  The Office of the Comptroller of the Currency's recently announced national bank charters for financial technology companies hold the promise of delivering lower costs and improved efficiencies in a safe environment that protects consumers, say attorneys at Ropes & Gray LLP.

• 4 Key Problems With The Proposed EU Digital Tax

  

  As discussions continue regarding the proposed European Commission digital services tax, we suggest that European finance ministers examine four major issues with the proposal including its economic basis and its actual impact if it were to be implemented, say Sigurd Næss-Schmidt and Bruno Basalisco of Copenhagen Economics.

• The Rise In ESG Investing — And What Boards Can Do

  

  Public companies are being bombarded with messages, requests and demands around environmental, social and governance matters. At least for companies incorporated in states such as Delaware, directors should consider whether there is a nexus between ESG issues and the pursuit of shareholder welfare, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

• How FIRRMA Changes The Game For Tech Cos. And Investors

  

  The Foreign Investment Risk Review Modernization Act, signed into law in August, will significantly alter how the Committee on Foreign Investment in the United States conducts its work. Emerging technology companies, and their prospective investors, must be mindful of whether investments are now subject to CFIUS jurisdiction, say attorneys at Latham & Watkins LLP.

• Avoid Overlap In Trade Secret And Misappropriation Claims

  

  As highlighted in the Federal Circuit's recent decision in Texas Advanced v. Renesas, plaintiffs hoping to assert trade secret misappropriation and patent infringement claims in the same lawsuit must craft damage theories carefully to avoid running afoul of the prohibition against double recovery, say attorneys at Finnegan Henderson Farabow Garrett & Dunner LLP.

• 10 Questions The SEC Will Probably Ask Google: Part 2

  

  Google reportedly opted not to disclose a cybersecurity vulnerability this past spring due to fears of drawing regulatory scrutiny and causing reputational damage. This fact will be a lightning rod for SEC enforcement attention, says John Reed Stark, former chief of the SEC's Office of Internet Enforcement.