Telecommunications

Expert Analysis

• Monthly Column

  Gray Matters: We Feel, We Decide

  

  Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

• Key Privacy Developments In Trump's First 150 Days

  

  Recent significant shifts in privacy policy include an executive order withdrawing Privacy Act protections for non-U.S. individuals, and the rollback of the Federal Communications Commission's broadband privacy rules, says Jaipat S. Jain of Lazare Potter & Giacovas LLP.

• Opinion

  Justice Kennedy's Moderating Influence On The High Court

  

  The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

• The Latest SEP Developments In China

  

  China's current judicial practices appear to indicate that standard-essential patent holders are in a favorable condition to commence relevant patent infringement litigation to protect legitimate rights and interests in China, say attorneys with Tian Yuan Law Firm.

• Weekly Column

  Innovating For Wise Juries: Juror-Posed Questions

  

  One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

• Obviousness May Soon Return To High Court

  

  Consensus is building that the U.S. Supreme Court should grant the petition to hear Samsung v. Apple. The issue that has received the most attention from the amici briefs and the most pages from the parties is how the Federal Circuit applied the obviousness analysis, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

• Tips For Complying With ABA’s New Encryption Guidance

  

  Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

• 'Dancing Baby' Copyright Case Through A Proper Lens: Part 2

  

  The Ninth Circuit was correct in its finding that any fair-use analysis for a Digital Millennium Copyright Act takedown notice is a fact-based, subjective determination. According to the Lenz petition for certiorari, the Ninth Circuit’s decision would open the floodgates for a slew of unreasonable claims as grounds for removal of online speech — but the petition conflates incorrectly “subjective beliefs” with “unreasonable beliefs,... (continued)

• 'Dancing Baby' Copyright Case Through A Proper Lens: Part 1

  

  The question presented to the U.S. Supreme Court in Lenz v. Universal Music, as framed by the anti-copyright group the Electronic Frontier Foundation, somewhat misstates what the Ninth Circuit actually held in the underlying case, and the petition for certiorari does not actually address the most important issue raised by the case, say David Leichtman of Leichtman Law PLLC and Sherli Furst of Robins Kaplan LLP.

• Weekly Column

  Innovating For Wise Juries: Preliminary Instructions

  

  One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.