Expert Analysis

• Section 214 Order Solidifies FCC's Role In National Security

  

  In its recent approval of an order to collect foreign ownership information from international Section 214 authorization holders, the Federal Communications Commission demonstrates its formal commitment to improving efforts to protect national security and international telecommunications services, say attorneys at Mayer Brown.

• Why Ericsson DPA Breach Is Precedent-Setting

  

  Swedish telecommunications company Ericsson recently faced several penalties for breaching a deferred prosecution agreement, revealing a sobering new precedent for when the U.S. Department of Justice will find an entity in noncompliance, so companies should be prepared to revisit pre-resolution disclosures, say James Koukios and Sarah Maneval at MoFo.

• Metaverse Presents New Challenges For Data Preservation

  

  With regulators increasingly requesting data — and recordings — from virtual meeting applications, and cracking down on employee use of ephemeral messaging, companies have hints of what's to come for metaverse-generated data and should consider the technological capabilities of the metaverse and governance of its data, says Timothy Taylor at Holland & Knight.

• Failed Tegna Deal Reveals Increasing Merger Review Hurdles

  

  A deeper look at how the Tegna-Standard General deal derailed during merger review suggests some practical steps that firms should consider to close transactions when dealing with multiple federal agencies operating under a whole-of-government antitrust enforcement approach, say Jody Boudreault and Katherine Dutcher at Baker Botts.

• A Lawyer's Guide To Approaching Digital Assets In Discovery

  

  The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.

• Opinion

  High Court's Ethics Statement Places Justices Above The Law

  

  The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.

• G7 Russia Restrictions May Further Complicate Compliance

  

  New sanctions and export controls announced at the G7 summit targeting parties that help Russia circumvent existing restrictions signal continued multilateral commitment to intensifying economic pressure on Russia, and underscore the increasing compliance challenges for companies that pursue Russia-related opportunities, say attorneys at Ropes & Gray.

• A Look At Corwin Cleansing After Chancery Edgio Ruling

  

  The Delaware Chancery Court's denial of Corwin cleansing in an action seeking post-closing injunctive relief in the Edgio stockholders case has potentially significant implications for corporations and their boards in the negotiation of investment agreements with significant stockholders, say attorneys at Cleary.

• Opinion

  Time For Law Schools To Rethink Unsung Role Of Adjuncts

  

  As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.

• Tips For In-House Legal Leaders In A Challenging Economy

  

  Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.

• The Multimillion-Dollar Patent Consequences Of 'A' Vs. 'The'

  

  Two Federal Circuit cases last month provide exemplary applications of both the general rule and its exception when interpreting the exact meaning of the indefinite articles "a" and "an" in patent claims, say attorneys at Shearman.

• What Associates Need To Know Before Switching Law Firms

  Excerpt from Practical Guidance

  

  The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.

• Opinion

  Radical Reform Is Needed So Small Biz Can Better Assist DOD

  

  A recent U.S. Senate subcommittee hearing was a good first step in identifying national security implications of barriers to entry for small businesses selling to the U.S. Department of Defense, but the DOD and Congress must keep up momentum to prevent small business participation from declining further, says Jessica Lehman at Verizon.

• A Case For Sharing Mediation Statements With Counterparties

  

  In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.

• Preparing For Legal Scrutiny Of Data Retention Policies

  

  Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.