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WHAT WE'RE WATCHING

HOW TO DEAL - Dealmakers in all forms see both opportunity and challenge in the coming year, with some aspects of that work (*cough* funds) having a rosier outlook than others (*cough cough* large, public M&A). But, as Law.com's Patrick Smith reports, while predictions for the health of various elements of the dealmaking world vary, by and large deal lawyers see a brighter road ahead than the one that led into 2023. "I think at some point, for better or worse, the geopolitical or inflationary climate tends to become normalized," said Eduardo Gallardo, co-chair of Paul Hastings' M&A practice. "That takes out some of the uncertainty that those elements might have presented last year … Every time a downturn happens some people say it is the end of the world. But we are an adaptive species, and we transcend."

RISK AND REWARD -  It's Friday, so let's try to put a positive spin on the inevitability of costly data breaches: it's now easier than ever to convince C-suite professionals of the importance of dedicating resources to mitigate cyber risks. As Law.com's Cassandre Coyer reports, panelists at the "Avoiding Data Disasters: Protecting Sensitive Information in Search, Review, and Production" Tuesday session at Legalweek 2023 said risk mitigation is the new ROI, which means it's essential for legal departments to be proactively involved in the implementation of data governance policies. While legal departments have long been considered back-office functions of a corporation, "legal … has advanced from a technology standpoint and demand standpoint that we won't slow down the process," noted Jeffrey Salling, chief of staff and senior director of legal operations at Moderna.

ON THE RADAR - Husch Blackwell filed a trademark infringement lawsuit Thursday in Nebraska District Court on behalf of general contractor Graham Ltd. The suit takes aim at the Graham Group Inc. and Graham Construction for allegedly breaching an underlying agreement by using the marks 'Graham' and 'Construction' to do business outside of certain territories in Iowa and Missouri, and by attempting to file additional marks with the federal government. Counsel have not yet appeared for the defendants. The case is 8:23-cv-00109, Graham Ltd. v. The Graham Group Inc. et al. Stay up on the latest deals and litigation with the new Law.com Radar.

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