Technology

  • January 24, 2020

    'Overbuilding' Pits Faster Web Speeds Against New Coverage

    The Federal Communications Commission is tasked with funding internet connections in remote areas where connectivity wouldn't flourish naturally, but balancing the distribution of those subsidies quickly turns contentious.

  • January 24, 2020

    American HomePatient's $1M Deal Over Stolen Drives OK'd

    A Florida federal judge on Thursday preliminarily approved American HomePatient's $1 million class action settlement with an estimated 13,000 patients and customers alleging the Tennessee-based home health care service negligently stored their personal information on unencrypted hard drives stolen in a 2017 office burglary.

  • January 24, 2020

    Taxation With Representation: Kirkland, Winston, Gibson, Bär

    In this week's Taxation With Representation, a private equity group snaps up financial adviser Duff & Phelps for $4.2 billion, Denmark's Danfoss buys a $3.3 billion hydraulics business, and Deutsche Börse Group makes a $400 million acquisition in fund distribution.

  • January 24, 2020

    Apple Worker Who Cared For Sister's Kids Loses FMLA Suit

    An Ohio federal court tossed an ex-Apple Store worker's suit alleging he was fired for taking federally protected leave to care for his terminally ill sister's kids, saying his Family and Medical Leave Act rights weren't triggered because the children weren't sick. 

  • January 24, 2020

    BakerHostetler Nabs Philly Atty For New Digital Asset Group

    BakerHostetler announced the addition of an ex-Lewis Brisbois Bisgaard & Smith LLP partner in Philadelphia as part of the firm's new cross-disciplinary digital assets and data management practice group.

  • January 24, 2020

    VMWare Hit With $235M Verdict For Willful Infringement

    A Delaware federal jury hit VMWare Inc. with a roughly $235 million verdict Friday after finding the tech giant willfully infringed two of smaller rival Cirba Inc.'s patents related to virtualization technology.

  • January 24, 2020

    House Leaders Ask Watchdog To Probe Spectrum Breakdown

    Two House Energy and Commerce Committee leaders have asked a government watchdog to probe “breakdowns” within a federal spectrum management agency, citing numerous instances in which other agencies broke rank to criticize planned airwaves reorganization projects.

  • January 24, 2020

    FTC Says Lawsuit Can't Halt Body Cam Merger Review

    The Federal Trade Commission said stopping its in-house merger challenge to the combination of two body camera companies would be bad for buyers of that technology, pushing back on the companies' efforts to pause the agency's review while a related legal challenge plays out.

  • January 24, 2020

    Dems Say Trump Atty Undercuts DOJ Case In Subpoena Fight

    House Democrats said late Thursday that comments made by an attorney for President Donald Trump during the Senate impeachment trial this week contradict the administration's arguments in two separation-of-powers cases pending in the D.C. Circuit, including a request for testimony from former White House counsel Don McGahn, and undercut the White House's position in the litigation.  

  • January 23, 2020

    Fed. Circ. Says Judge Wrongly Let Facebook Win Patent Fight

    Facebook was dealt a blow in a patent dispute over its Timeline and Newsfeed features after the Federal Circuit on Thursday revived a lawsuit accusing the social media giant of infringing three patents on displaying computer files in searchable, chronological streams.

  • January 23, 2020

    Encryption Battles May Inform Fights Over 3D Printing Rule

    The U.S. Commerce Department's takeover of export oversight of 3D printing files for firearms from the State Department could invite constitutional challenges, and a 1990s battle over encryption offers a preview for how such challenges could progress.

  • January 23, 2020

    Insurer Must Cover Co.'s Costs After Ransomware Attack

    A Maryland federal judge on Thursday ruled that State Auto Property & Casualty Insurance Co. must cover an embroidery and screen printing company’s costs to replace its computer systems following a ransomware attack in 2016.

  • January 23, 2020

    IBM Hit With Biometric Privacy Suit Over Image Use

    ​​​​​​IBM Corp. is accused in an Illinois court lawsuit of violating the state's landmark biometrics law when it allegedly collected photographs to develop its facial recognition technology without getting consent to use biometric information from the subjects.

  • January 23, 2020

    Maine Wants 1st Circ. To Unblock Pay-Per-Channel Cable Law

    Maine wants the First Circuit to give it the go-ahead to start enforcing its new law that would allow customers to buy channels individually without being locked into a specific cable package, after a federal judge blocked it from taking effect.

  • January 23, 2020

    VMware Calls Cirba's $235M IP Damages Bid 'Unreasonable'

    Tech giant VMware told a Delaware federal jury Thursday that Cirba's claims it should get roughly $235 million in damages for alleged infringement of two of its patents is "unreasonable" and asserted Cirba's case is "a fabrication" fueled by pressure from unhappy investors.

  • January 23, 2020

    Real Estate Rumors: Clarion, Microsoft, CIT Group

    Clarion Partners has reportedly sold a Florida retail center for $39.5 million, Microsoft is said to have dropped $52.3 million on 37 acres near O'Hare Airport, and CIT Group has reportedly loaned $87 million for a project near JFK Airport.

  • January 23, 2020

    PTAB Says Apple's 'Radical Change In Approach' Dooms IPR

    The Patent Trial and Appeal Board on Wednesday upheld a Qualcomm patent covering a method for making it easier for mobile device users to toggle between multiple windows, saying Apple changed its invalidity approach too late in the game.

  • January 23, 2020

    O'Rielly Suggests FCC Could Ink 5.9 GHz Rules By Summer

    Federal Communications Commission member Michael O'Rielly told reporters and members of the auto industry on Thursday that he hopes the agency can ink new rules governing the 5.9 GHz spectrum band by midyear, allowing WiFi to share the band with auto-safety applications.

  • January 23, 2020

    AT&T Says $1.8M Crypto Theft Claims Have 'Critical Holes'

    AT&T is defending its motion to dismiss claims that it failed to prevent the theft of $1.8 million in cryptocurrency, telling a California federal court that a technology consultant's arguments contain "critical holes" that sink his complaint.

  • January 23, 2020

    SanDisk Gets Memory Card Labeling Suit Wiped In Calif.

    A California federal judge on Wednesday dismissed a proposed class action alleging SanDisk LLC misled consumers about the storage capacity of its flash drives and memory cards, noting that the back of the packages on the products at issue clarifies the number of storage bytes.

  • January 23, 2020

    Google Wants Media Ad Co.'s Monopolization Suit Deleted

    Google urged a Georgia federal judge Wednesday to toss a flagging digital media advertising company's monopolization suit, arguing that its broad allegations reflect no wrongdoing but only the internet ecosystem's natural move away from the Flash video player.

  • January 23, 2020

    What To Know As Alphabet Hits 'Search' On A New CLO

    Google's parent company is on the hunt for a new top lawyer after its embattled chief legal officer announced he would leave next week. Experts say there are lessons others can learn as the tech giant hits the search button.

  • January 23, 2020

    USPTO Concerned Fed. Circ. Is Invoking Arthrex 'Reflexively'

    A Federal Circuit panel "reflexively" invoked the court's Arthrex decision when vacating a Samsung Patent Trial and Appeal Board win and ordering a redo, even though the patent owner hadn't argued at the board that patent judges are unconstitutionally appointed, the federal government has told the full court.

  • January 23, 2020

    Class Fights To Keep Cert. In Crypto 'Miners' Ponzi Case

    A class of purported victims of a cryptocurrency mining Ponzi scheme asked a Connecticut federal judge not to take away its certification at the behest of a crypto investor facing secondary liability claims over the scheme.

  • January 23, 2020

    Wilson Sonsini Helps Anzu Partners Clinch $190M Fund

    Anzu Partners, working with Wilson Sonsini, has wrapped up its second fund after collecting $190 million from limited partners, with plans to target investments in industrial technology companies across the U.S. and Canada, the firm said Thursday.

Expert Analysis

  • What Patents' Status As Franchises Means For NPEs

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    Placing constraints on nonpracticing entity patent holders can help safeguard patents' public benefit — a constitutional imperative highlighted by the U.S. Supreme Court's Oil States holding that patents are government franchises rather than private property, says Alan Minsk of FisherBroyles.

  • Opinion

    Facebook Is Not An Illegal Monopoly

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    A close look at Facebook’s evolving privacy policies reveals no evidence of exclusionary conduct — a requirement under U.S. antitrust laws for culpability — contrary to a recently published law review article's argument, says Kristen Limarzi of Gibson Dunn.

  • ABA Rules For Departing Attys Set Unprecedented Limits

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    Groundbreaking rules from the American Bar Association impose new standards on how law firms can govern departing lawyers’ contact with clients, placing major restrictions on this ubiquitous practice, say Amy Richardson and Hilary Gerzhoy at Harris Wiltshire.

  • 11th Circ. Insurance Ruling Views Cybercrime Realistically

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    The Eleventh Circuit's recent opinion in Principle Solutions v. Ironshore demonstrates courts' willingness to adopt a reasonable view of insurance coverage for cybercrime, while the dissent serves as a warning against outdated provisions, say Patrick Cordova and Caroline Meneau of Jenner & Block.

  • Federal AI Panel Report May Help Guide New Export Controls

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    The National Security Commission on Artificial Intelligence’s recommendations on the use of export controls to bolster the United States’ commercial and military position illustrates that blunt controls on artificial intelligence as a category of emerging technologies are not practical, says Hdeel Abdelhady at MassPoint.

  • Weighing Trade Secrets Vs. Patents For Protecting Ideas

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    In light of a steady rise in federal district court trade secret filings and recent case law restricting the scope of patent protection, companies should consider the relative merits of trade secrets and patents upon conception of a promising idea, say Paul Veith and Chad Schafer of Sidley.

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • Justices' IBM Ruling Gives Life To ERISA Disclosure Liability

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    The U.S. Supreme Court's recent decision in IBM v. Jander leaves unresolved a conflict between disclosure obligations under the Employee Retirement Income Security Act and federal securities laws, boosting the so-called inevitable disclosure theory for ERISA liability, say attorneys at Skadden.

  • The Int'l, Federal And State Taxation Forecast For 2020

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    Attorneys at Steptoe & Johnson look at U.S. international, federal and state taxation, including legislative, regulatory and controversy developments expected in 2020.

  • 4 Cases That Will Shape Clickwrap Litigation In 2020

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    Four recent cases involving companies' online user agreements will have major impacts on the ways courts assess evidence in such cases, the types of evidence that companies must bring in order to enforce their terms, and the types of arguments that both defendants and plaintiffs will make, says Brian Powers of PactSafe.

  • Litigating FRAND Rates After Fed. Circ. Ericsson Decision

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    After the Federal Circuit’s recent ruling in TCL v. Ericsson, which puts juries at the helm of calculating FRAND damages for standard-essential patents, litigators should focus on preparing a simplified and emotionally persuasive story and garnering the evidentiary support necessary for a favorable appeal, says Larry Sandell of Mei & Mark.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • The New Class Action Frontier Under Illinois Privacy Law

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    One year after a pivotal Illinois Supreme Court ruling broadened liability under the Biometric Information Privacy Act, companies in a wide variety of industries need to be vigilant of a rise in potentially financially ruinous class action filings, and there are several steps they can take to protect themselves from BIPA liability, say attorneys at Ropes & Gray.

  • Fed's Real-Time Payments Idea Presents Risks, Challenges

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    The Federal Reserve's development of a real-time payment and settlement service raises important questions related to consumer protection, litigation risk, and fraud and overdraft liability, say Ling Ling Ang at NERA Economic Consulting and Judy Mok at Ballard Spahr.

  • What's Changed And What's The Same In Final CFIUS Rules

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    The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.