by Jamie P. Hopkins
The digitalization of wealth has challenged the effectiveness and efficiencies of traditional estate planning mechanisms. As such, modified estate planning techniques and the development of digital estate planning services have created serious privacy, security, and efficiency concerns for the transfer and management of digital estates. The creation and adjustment of digital estate planning solutions are required to ensure the privacy, security, and proper disposition of digital estates. However, because the problems facing digital estate planning are extremely complex, a combination of legislative action, creative lawyering, and improved online service agreements are required to effectively and efficiently transform estate planning into a proper mechanism for digital asset management.
by Jeffrey L. Masor
Electronic medical records have created new challenges for lawyers because all of the digitized information is printed on reams of paper during discovery. This makes the record both voluminous and difficult to interpret. This Note examines potential solutions that would allow lawyers to view electronic medical records in a digital format while preserving patient privacy. Two solutions are explored: 1) accessing the electronic medical record remotely by adapting tools that are already in place for doctors to remotely access patient records and 2) detailing a method to export an electronic medical record to a common, interoperable format.
by John Didday
Corporate counsel needs to understand big data, now. Civil discovery is getting bigger and more expensive by the day, but the legal field has been slow to find a solution. Too often, the huge data sets corporate litigants exchange before trial to aggregate and search large stores data effectively, but the legal system is intransigent; unless a leader brings technology to the law, litigation will only get slower and more expensive. I propose in-house counsel lead the way to implementing big data solutions by becoming informed buyers of electronic discovery. Tech savvy in-house counsel would separate fact from fiction in discovery technology marketing, forcing law firms, courts, and legislators to adapt discovery to the modern world.
by Joanna Liebes
Despite all of the industry and academic focus on the recent Supreme Court case Mayo v. Prometheus, without the Federal Circuit’s Akamai v. Limelight Networks decision, many medical process patents may be worthless. This note discusses the problem of subject matter eligibility for medical process patents after Mayo v. Prometheus, as it relates to the likelihood of infringement of those patents. After the Mayo decision, practitioners are attempting to redraft claims to ensure they contain patent eligible subject matter, but in doing so, they may be drafting claims that are impossible to directly infringe. This note proposes that the Akamai decision effectively provided a solution to this problem by readdressing the law of divided infringement in the inducement context. This note explores the prominent cases leading up to both decisions and analyzes an exemplary medical process claim to highlight the difficulties erected by Mayo and how Akamai may help overcome them.