Expert Analysis

• Medicare Developments Ahead For Remote Health Monitoring

  

  Stakeholders interested in remote monitoring services should keep an eye on an upcoming multijurisdictional contractor advisory committee meeting that may lead to a new local coverage determination affecting Medicare coverage for remote monitoring devices, say attorneys at McDermott.

• 5 Key Areas Of Privacy Compliance Following State Laws

  

  As comprehensive data privacy laws take effect in California, Colorado, Connecticut, Utah and Virginia this year, organizations should ensure compliance with changing obligations related to vendor agreements, sensitive personal information, cookies and more, say Catherine Kozlowski and Aaron Ogunro at Polsinelli.

• The Discipline George Santos Would Face If He Were A Lawyer

  

  Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.

• When Lawyers Chat With Chatbots About Patent Drafting

  

  Joe Hetz and Marc Richards at Crowell & Moring questioned ChatGPT on whether it thought it could be useful in patent prosecution, finding some common ground over the nature of ChatGPT's limitations.

• Financial Services, Fintech Are Top CFPB Areas To Watch

  

  Amid a flurry of recent developments related to the consumer financial services and fintech sectors, the Consumer Financial Protection Bureau's enforcement trends show it is focusing on large corporate repeat offenders, fair lending, junk fees, consumer data and more, says Eamonn Moran at Norton Rose.

• Why Strong Cybersecurity Is Key To Protecting Trade Secrets

  

  Recent cyberattacks show that cybercriminals are becoming more targeted, seeking out proprietary data rather than encrypting the network wholesale, and making cybersecurity crucial to protecting businesses' trade secrets, say attorneys at Baker McKenzie.

• 10 Areas To Watch In Aerospace And Defense Law

  

  Joseph Berger and Francis Purcell at Thompson Hine discuss what's ahead for federal contractors, given the government's continued focus on aiding Ukraine and sanctioning Russia, pending cybersecurity and climate disclosure regulations, U.S. leadership in new and emerging technologies, and more.

• Opinion

  Biden Admin.'s Anti-Merger Stance Is Leading To Bad Policies

  

  A U.S. Department of Justice Antitrust Division speech reflects the Biden administration's goal to move enforcement in a markedly anti-merger direction, an approach that is leading to bad policies and enforcement decisions, says Cleary attorney David Gelfand, a former DOJ Antitrust Division official.

• Are Outputs Of AI Models Copyrightable?

  

  Heather Whitney and Evangeline Phang at MoFo explore whether artificial intelligence models can be the authors of their outputs for purposes of copyright protection, and whether human use of an AI model results in copyrightable work authored by the human — or in an authorless, uncopyrightable work.

• Bid Protest Spotlight: Size Protests, Blue & Gold, Sole Source

  

  In this month's bid protest spotlight, Lyle Hedgecock at MoFo offers takeaways from a Federal Circuit ruling on bid protest jurisdiction, a Federal Claims Court case exploring the nuances of the Blue & Gold Fleet rule, and a capstone from the U.S. Government Accountability Office on the Small Business Innovative Research program.

• Viral TikTok Mascara Video Spotlights Influencer Ad Issues

  

  A sponsored TikTok video about L'Oreal mascara that ignited a battle over deceptive advertising on the internet last month serves as a reminder that advertisers are responsible for influencer posts and should take steps to help reduce the risk of liability, says Gonzalo Mon at Kelley Drye.

• A Litigation Move That Could Conserve Discovery Resources

  

  Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

• Issues To Watch In Fla.'s Telehealth Genetic Counseling Bills

  

  Two recently introduced Florida bills would expand the state’s telehealth statute to include genetic counseling services, and though they currently don’t have opposition, they may have to overcome data privacy and out-of-state licensing concerns, say Erika Alba and Jacqueline Acosta at Foley & Lardner.

• Opinion

  Enhanced Damages Necessary In No-Injunction Patent System

  

  Because the world's largest corporations can infringe patents and engage in stalling tactics to force patent owners to undertake costly and protracted litigation, Congress should consider adjusting the current statute to mandate enhanced damages for patent owners when injunctive relief is unavailable, say David Kappos at Cravath and Jonathan Barnett at USC Gould Law School.

• Litigators Should Approach AI Tools With Caution

  

  Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.