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  • How to Address Evolving Privacy Regulations During Discovery

    September 01, 2021 |

    One Recipe for Success: Treat Private Data With the Same Priority Given to Privilege But for all the coverage that privacy regulations are meant to provide, there is precious little guidance about how to protect private information, and there is very little legal precedent to guide our practices.

  • Artificial Intelligence and Subject Matter Eligibility In U.S. Patent Office Appeals

    September 01, 2021 |

    For the foreseeable future, patent applications involving artificial intelligence technologies, including machine learning, will increase with the continued proliferation of such technologies. However, subject matter eligibility can be a significant challenge in securing patents on artificial intelligence and machine learning.

  • Biometric Law Litigation Expands Beyond Social Media

    September 01, 2021 |

    Social media has played an oversized role in lawsuits under state and local biometric privacy laws. Now, a New York City law that took effect in July is likely to significantly expand the range of biometric-related litigation beyond social media companies to a new group of defendants: retail stores, places of entertainment, and food and drink establishments.

  • Emojis and E-Discovery

    September 01, 2021 |

    Emojis are an important aspect of everyday communication in 2021. Given their ubiquity, there should be little surprise that emojis have become a key source of evidence in civil and criminal cases.

  • Tightening Antitrust Enforcement Could Be Boon for E-Discovery

    September 01, 2021 |

    U.S. antitrust enforcement is tightening, and e-discovery practitioners and vendors in the M&A market are expecting an uptick in work. But the influx of complex discovery may drain resources for other corporate e-discovery matters.

  • Virtual Reality or the New Reality of Virtual Practice?

    August 01, 2021 |

    In response to the worst period on record for cyber attacks, the ABA published Formal Opinion 498 to address practicing law outside of the traditional brick-and-mortar office environment. It reminds lawyers that while the ABA Model Rules permit virtual practice, they provide minimum requirements and recommendations for virtual practice, particularly in the areas of competence, confidentiality and supervision.

  • Strategy vs. Tactics: Two Sides of a Difficult Coin

    August 01, 2021 |

    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.