Insights

Blockchain technologies offer a way to transact or to share information in a secure, non-centralized system. Currently, these technologies are probably best known for their use with cryptocurrencies, but blockchain is absolutely not synonymous with Bitcoin. Instead, blockchain technologies are being explored for diverse applications across numerous market sectors.

Data breaches have become more and more common, to the point that companies essentially have to assume that sooner or later, they will experience one. That makes it critical to have a clear understanding of the regulatory requirements for notifying regulators and affected individuals in the wake of a breach. But the rules don’t always make that process clear.

Historically, Wall Street banks were rarely the focus of government antitrust investigations or private antitrust litigation. But that changed in the wake of the Great Recession. While most observers believed that antitrust scrutiny of the financial services sector was reaching its end, recent lawsuits filed by the private antitrust bar—which has secured hundreds of millions in settlements in the last few years—strongly suggest otherwise. It appears that banks will continue to have to defend themselves in costly antitrust litigation for the foreseeable future, regardless of whether the Trump administration makes antitrust enforcement in the financial services sector a priority.

At the turn of the last century, arbitration was all the rage as a more efficient dispute resolution process. Arbitration, its proponents promised, would help parties achieve finality faster, ensure focused arbiters with relevant expertise, streamline the overall timeline, and minimize costly discovery. As a result, many companies included mandatory arbitration clauses in contracts as a matter of course.

If you’ve spent much time driving in San Francisco, Detroit, or Pittsburgh, you may well have shared the road with an autonomous vehicle guiding itself down the highway. The same is true in a variety of other locations, as dozens of companies conduct trials of their self- driving cars and trucks.

With tight competition for government contracts, more companies can be expected to dispute federal payments in court—a strategy that can boost the bottom line and strengthen the law department’s position as a partner with the business.

Earlier this year, many health care companies wondered if changing priorities at the Department of Justice would reduce the threat of False Claims Act actions. Now, however, it seems clear that the FCA should still be on the general counsel’s radar.

The recent U.S. Supreme Court ruling in TC Heartland has resulted in a significant shift in how litigants in patent cases choose a venue. As the ruling redraws the map of patent litigation, it promises some relief for defendants and some new challenges for plaintiffs.

Additive manufacturing, or 3D printing, is quickly becoming a mainstream technology—and as that happens, it is creating challenges for IP owners.

While past events are no guarantee of the future, certain litigation trends can be useful barometers. For example, the national downward trend for patent litigation has continued since the advent of the America Invents Act. But while the overall trend is downward, E.D. Texas still maintains its place as the most popular location for new patent cases—at least for now. But that trend may not hold. Patent case filings in D. Delaware have exploded due to the Supreme Court’s May 2017 decision in TC Heartland, and Delaware is now a close second to E.D. Texas. N.D. California also saw a dramatic rise in patent filings. Instead of flocking to E.D. Texas, patent owners are pivoting to D. Delaware and N.D. California, where venue can be established based on corporate headquarters. While E.D. Texas may still have more total IP filings due to its pre-TC Heartland head start, since that decision, Delaware has had the most filings and that trend will continue. Another trend is the dramatic increase in antitrust filings in E.D. Pennsylvania, which is largely due to the many pharmaceutical companies based there, and the In re: Generic Pharmaceuticals Pricing Antitrust Litigation, which is ongoing.

Pay equity is one of the most significant workforce issues facing employers today. Over the past several years, there has been a substantial increase in high-profile pay-related litigation, with plaintiffs relying primarily on federal laws to establish their claims. At the same time, federal agencies have continued to pursue pay disparity enforcement actions under federal laws, including Title VII, the Equal Pay Act, and Executive Order 11246. And boards of directors for large companies have been fielding requests from shareholder groups demanding disclosure of pay data for male and female employees. All of these developments have increased the risk of pay equity litigation for employers of all sizes and industries.