By Kerstan Hubbs
Science and Technology (also known as “SciTech”) law is an interdisciplinary legal field that addresses the complex legal issues arising from scientific discoveries and technological advancements. Does this mean that only attorneys who work in these fields should take notice? In short, the answer is a resounding “No.” On the contrary, the explosion and advancement by way of automation and artificial intelligence (AI) have assured us all that legal professionals need to be cognizant of how SciTech will touch and concern clients and litigants.
SciTech law, similar to many emerging areas of law, can be daunting to keep up with for many legal professionals. Under the Nevada Rules of Professional Conduct (NRPC) Rule 1.1 (Competence), the rule requires lawyers to provide competent representation to clients, which includes maintaining technological competence. This obligation is supported by the 2012 ABA Comment No. 8 on Rule 1.1, which states “. . . that lawyers should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, and engage in continuing education regarding technology.”
SciTech encompasses many areas of law
SciTech can be found in all domains of our life now, including but not limited to online purchases, communications, advertising, healthcare, manufacturing, electronics, biotechnology, pharmaceuticals, professional services, and big data use and management. It is not a separate practice area in the legal field; rather, it merges with a wide range of legal specializations. At this time, some of the most consequential areas of law include:
- Intellectual property (IP): IP law includes trademarks, copyrights, and patents. With so many ways in which technology can mimic and/or derive information from imagery, written and/or audio works, and inventions, novel manners for protection and enforcement of these intangible property rights must be readily adapted to this new environment.
- Data privacy: New privacy protection laws, national and international in nature, require disclosures stating what data is being acquired, why it is being acquired, and more importantly, where it will be stored, shared, managed, and processed. Consumers have rights as to the oversight and control of their private and sensitive personal information.
- Cybersecurity and cybercrime prevention: Hacking, data theft, and ransomware are some of the newest threats online. Private companies and government municipalities must make sure they keep up with developing technology, obtain quality commercial cyber insurance coverage, and contract talent or maintain staff nearby that can counter a security breach immediately.
- E-commerce: Buying and selling online has become second nature to us all. It shows no sign of slowing down. All data processors must adhere to privacy laws and regulations as they apply to consumers in each jurisdiction where the business and/or consumers may operate or reside, respectively.
- Healthcare: The use of personal health information to advance AI innovations in healthcare raises challenges related to privacy and equity. Regulators, practitioners, and the public have concerns with delegating control of patients’ health to technology. Within the healthcare world, minor errors can lead to personal injury of the patient.
- Artificial intelligence (AI): AI and machine learning are transforming almost every industry. The ethical use of AI, especially in areas like facial recognition, predictive analytics and negligence liability are moving too fast for legislative and courtroom proceedings to predict. Laws around AI are constantly evolving, but businesses must, in real time, comply with laws and regulations just as rapidly.
- Blockchain technology & smart contracts: Blockchain offers decentralized and secure ways in which data and transactions can be recorded. Smart contracts use blockchain technology to execute and enforce agreements once predetermined conditions are met, which can improve efficiency, transparency, and security in transactions.
So how can the legal community manage this competence requirement?
First and foremost, they will need to ensure to include SciTech content in their continuing legal education studies each year. Secondly, they can join the SciTech Section of the State Bar of Nevada. This will ensure that attorneys stay involved with understanding and developing legislation and regulations that will encompass many aspects of everyday life. It will also afford attorneys an opportunity to share their insights with others, making the Nevada legal community a competitive state for advancing science and technology.
Members in good standing of the State Bar of Nevada and law students who do not have voting rights can opt to pay an annual fee of $25 to participate. The SciTech Section of the State Bar of Nevada is a great way to meet like-minded colleagues and to stay abreast of this dynamic and new area of law.
Learn more by visiting the SciTech Section’s page: https://nvbar.org/for-lawyers/bar-service-opportunities/join-a-section/science-technology-law-section/.
About the author
Kerstan Hubbs has her MS in biology and has practiced law for over 15 years in Nevada. She is the managing attorney of Essential Legal Services. Her firm specializes in estate planning, civil litigation, corporate law, and real property law. Kerstan serves as Secretary on the SciTech Section, State Bar of Nevada.
About the article
This article was originally published in the Communiqué (Dec. 2025), the official publication of the Clark County Bar Association. The printed magazine was mailed out to CCBA members during the last week of November 2025.
The articles and advertisements appearing in Communiqué magazine do not necessarily reflect the opinion of the CCBA, the CCBA Publications Committee, the editorial board, or the other authors. All legal and other issues discussed are not for the purpose of answering specific legal questions. Attorneys and others are strongly advised to independently research all issues.
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