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    Why the RAISE Act’s Points System Won’t Fix Immigration Austin T. Fragomen, Jr., Careen Shannon

    Artificial Intelligence: Prepare for the Reinvention of Everything Peter Brown, Jonathan T. Kaplan

    Unmanned Aircraft Systems: The Evolving Legal Landscape in the United States and Europe

    Kenneth P. Quinn, Jennifer Trock, Graham C. Keithley, Chris Leuchten

    New Methods for Delivery of Entertainment Robert E. Freeman

    Are “Immoral, Deceptive, or Scandalous” Trademarks Registrable After Matal v. Tam?

    Joanna Y. Chen, Jeffrey G. Sheldon

    What Happens If Inter Partes Review Proceedings Are Found Unconstitutional? Katherine B. Sales, Jeffrey G. Sheldon

    The Trump Effect: Practical Drafting Tips for Estate Planners in Uncertain Times Robert W. Sheehan, Michael S. Schwartz, Josh Bergman

    Counseling on Cannabinoids: Making Sense of Marijuana and Preemption James T. O’Reilly

    Building and Sustaining Client Relationships in the Digital Age Andrea L. Colby

    PRACTISING LAW INSTITUTE

    Vol. 1 • No. 2 • Autumn 2017

    The Current The Journal of PLI Press

  • A Letter from PLI Press

    October 25, 2017

    This second issue of PLI’s quarterly journal continues our effort to provide premium coverage and commentary on new and emerging developments impacting the law and the legal profession. A quick glance at the interest-area headings we’ve added to the journal’s table of contents will give you an idea of the range and variety of topics covered in this Autumn 2017 issue.

    Technology plays a prominent role in three of the articles—those on artificial intelligence, drones, and delivery of entertainment—but don’t presume you have to be a tech or IT practitioner to benefit from these fascinating discussions, which implicate a diverse range of practice areas, from privacy and data security, to intellectual property, workplace/employment law, contract law, personal injury, and beyond.

    Once again, we have included an article by the immigration experts at Fragomen, Del Rey, Bernsen & Loewy, who evaluate the merits and shortcomings of the recently proposed RAISE Act. As immigration reform continues to be a critical and dynamic topic, we expect that future issues of The Current will continue to feature at least one article on immigration law developments.

    In addition to articles covering developments in the core practice areas of trademark, patent, and tax law, this issue of The Current presents an intriguing look at cannabis law and the novel questions practitioners may face with respect to this evolving area of law.

    This issue’s final article features a topic of importance to all practitioners. “Building Client Relationships in the Digital Age” is an engaging examination of how lawyers communicate with clients and others in the workplace, focusing on the differences between how Millennials and other generations communicate, and on achieving the common goal of successful client relationships whether using phone calls or text messages. This article features guidance and tips on business communications skills that will benefit every attorney, regardless of age or practice area.

    As always, we hope you find these articles insightful, interesting, and relevant, and encourage you to contact us at editor.TheCurrent@pli.edu with your feedback.

    Ellen Siegel Vice President, Print and Digital Publishing

    Paul Matsumoto Legal Editor

    Practising Law Institute New York, New York

  • The Current: The Journal of PLI Press Vol. 1, No. 2, Autumn 2017

    Vice President, Print and Digital Publishing Ellen Siegel

    Editor Paul Matsumoto

    Legal Editors Carol Benedicto Kelliann Kavanagh Jacob Metric Keith Voelker Lori Wood

    Publishing Production Manager Christine Rivela

    Manager, Publishing Administration Stephanie Sica

    This work is designed to provide practical and useful information on the subject matter covered. However, it is sold with the understanding that neither the publisher nor the author is engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

    Copyright © 2017 by Practising Law Institute. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Practising Law Institute.

    ISSN: 2573-6906 (print) ISSN: 2573-6914 (online)

    Published quarterly. For information on a free electronic subscription or to purchase additional print copies of The Current: The Journal of PLI Press, visit www.pli.edu/THECURRENT.

    Original articles for consideration may be submitted in electronic form to The Current at www.pli.edu/CurrentSubmissions.

    Practising Law Institute 1177 Avenue of the Americas, New York NY 10036, www.pli.edu

    www.pli.edu/THECURRENT www.pli.edu/CurrentSubmissions

  • THE CURRENT The Journal of PLI Press

    Volume 1 Autumn 2017 Number 2

    ArTICLEs

    IMMIGRATION

    Why the RAISE Act’s Points System Won’t Fix Immigration ....................................... 163 Austin T. Fragomen, Jr., Careen Shannon Fragomen, Del Rey, Bernsen & Loewy, LLP

    TECHNOLOGY

    Artificial Intelligence: Prepare for the Reinvention of Everything............................. 171 Peter Brown Peter Brown & Associates PLLC Jonathan T. Kaplan Kaplan IP Law, PLLC

    TECHNOLOGY & AVIATION

    Unmanned Aircraft Systems: The Evolving Legal Landscape in the United States and Europe ............................................................................................. 207

    Kenneth P. Quinn, Jennifer Trock, Graham C. Keithley, Chris Leuchten Baker & McKenzie LLP

    TECHNOLOGY & INTELLECTUAL PROPERTY

    New Methods for Delivery of Entertainment .............................................................. 219 Robert E. Freeman Proskauer LLP

    TRADEMARK LAW

    Are “Immoral, Deceptive, or Scandalous” Trademarks Registrable After Matal v. Tam? ........................................................................................................ 249

    Joanna Y. Chen, Jeffrey G. Sheldon Cislo & Thomas LLP

  • The CurrenT: The Journal of PlI Press Vol. 1, autumn 2017

    iv

    PATENT LAW

    What Happens If Inter Partes Review Proceedings Are Found Unconstitutional? ... 259 Katherine B. Sales, Jeffery G. Sheldon Cislo & Thomas LLP

    TAX/ESTATES & TRUSTS

    The Trump Effect: Practical Drafting Tips for Estate Planners in Uncertain Times ... 267 Robert W. Sheehan, Michael S. Schwartz, Josh Bergman Curtis, Mallet-Prevost, Colt & Mosle LLP

    CANNABIS LAW

    Counseling on Cannabinoids: Making Sense of Marijuana and Preemption ........... 289 James T. O’Reilly University of Cincinnati College of Medicine

    EFFECTIVE LAWYERING

    Building Client Relationships in the Digital Age ........................................................ 295 Andrea L. Colby Pro Se, LLC

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    The Current The Journal of PLI Press

    Vol. 1, No. 2, Autumn 2017

    Why the RAISE Act’s Points System Won’t Fix Immigration

    Austin T. Fragomen, Jr., Careen Shannon Fragomen, Del Rey, Bernsen & Loewy, LLP

    On August 2, 2017, President Trump and two Republican members of Con- gress—Senator Tom Cotton (R-AK) and Representative David Perdue (R-GA)— unveiled the Reforming American Immigration for a Strong Economy (RAISE) Act.1 Along with reducing family-based immigration, limiting refugee admissions, and eliminating the Diversity Visa lottery, the bill would replace the current employment-based immigration system with a points-based system. The bill is being touted as a boon to the U.S. economy because it would refocus U.S. immi- gration away from family reunification and toward a system that attracts immi- grants based on merit, but the likely result if the bill were ever to become law would be the opposite of the drafters’ stated intentions.

  • The CurrenT: The Journal of PlI Press Vol. 1, autumn 2017

    164

    An immigration law designed to attract the “best and the brightest” immi- grants to the United States may sound good in theory. In truth, though, the current statutory scheme governing immigration based on employment is already a merit-based system, since it helps provide qualified foreign workers to employ- ers that have demonstrated that they are unable to find any U.S. workers who are able, willing, qualified, and available to fill actual existing jobs.2 A points-based system, on the other hand, can end up providing workers who possess skills that are actually not needed in the U.S. economy.

    The Points-Based Criteria

    Under the new proposal, employer sponsorship would be replaced by a gov- ernment selection process based on the number of points a person accrues on a 100-point scale. Only those who earn a minimum of 30 points would be eligible to apply for permanent residence based on employment.3

    The proposed system would award applicants points based on their age, edu- cational level, English-language proficiency, extraordinary achievements, any job offer they may have and the salary associated with such an offer, and the amount of any investment the person may make in the United States.

    The system is constru