Technology

  • June 29, 2022

    FCC Republican Calls On Smartphone Giants To Dump TikTok

    A Republican on the Federal Communications Commission called on Apple and Google to pull the TikTok app from smartphones after a deluge of reports laying out the Chinese-owned app's data-snooping risks to Americans.

  • June 29, 2022

    Feds Scrap Trade Secrets Case Against Ex-ADI Worker's Wife

    Federal prosecutors in Boston dismissed charges against the wife of a former Analog Devices Inc. engineer after the husband largely beat a case alleging he stole company trade secrets to jump-start his own computer chip business.

  • June 28, 2022

    NY Law Firm Beats Malpractice Claim In 'Doxxing' Suit

    A New Jersey federal judge has tossed a legal malpractice claim by an ex-Teamster who accused his union's New York law firm of failing to properly contest his firing from the New York Daily News after a purported left-wing activist exposed his personal information on Twitter to "dox," or harass, him.

  • June 28, 2022

    China Accused Of Influence Campaign Targeting Mining Cos.

    Chinese state actors posed as local residents in Texas and Oklahoma as part of an unsuccessful influence campaign targeting rare-earths mining giants that compete with Chinese companies, the cybersecurity firm Mandiant said Tuesday.

  • June 28, 2022

    Davis Polk Brings On Ex-Cooley Capital Markets Partner

    Corporate firm Davis Polk & Wardwell LLP said Monday it has hired former Cooley LLP partner and capital markets veteran Nicole Brookshire, bolstering its New York practice.

  • June 28, 2022

    Google, Apple Want Consumer Search Conspiracy Suit Gone

    Google and Apple are fighting to toss a consumer suit from the same attorneys, and with virtually identical allegations, as a Google Search advertiser accusing Google of paying Apple not to produce its own search engine, arguing that the consumers in the latest case can't show harm from using a free product.

  • June 28, 2022

    House Bill Would Stop FCC From Weeding Out Cannabis Ads

    House lawmakers tacked language onto a Federal Communication Commission spending bill for next year to block the FCC from trying to prevent broadcasters from running ads for cannabis products in states with legalized marijuana.

  • June 28, 2022

    USPTO Issues Report On Patent Eligibility Comments

    The U.S. Patent and Trademark Office issued a report to Congress Tuesday highlighting public comments the agency received on the state of patent subject matter eligibility law, with commenters across the spectrum agreeing that it needs to be consistent, clear and predictable.

  • June 28, 2022

    Instagram Photo Embedding Fight Lands In 9th Circ.

    The Ninth Circuit has been asked to revive a proposed class action challenging how easily Instagram lets websites embed photos, with two photographers arguing that a lower court relied on an outdated test that has been rejected by "virtually every court" considering the same issue.

  • June 28, 2022

    JPML Centralizes Cell Tech IP Suits Against Tesla, GM, Others

    Neo Wireless' cellular patent suits against several carmakers, including Tesla and General Motors, were transferred to the Eastern District of Michigan Tuesday after the U.S. Judicial Panel on Multidistrict Litigation determined centralization will streamline the related litigation and boost convenience.

  • June 28, 2022

    Atari Asks 9th Circ. To Revive IP Suit Against Redbubble

    Atari wants the Ninth Circuit to let it have a new trial after it was dealt a loss in its suit alleging Redbubble sold merchandise with images stolen from its signature video games, saying the jury was given incorrect instructions.

  • June 28, 2022

    ITC Judge Says Apple Infringed Rival's ECG Wristband

    A U.S. International Trade Commission judge has determined that Apple has infringed two patents covering medical device maker AliveCor's wristband device for measuring irregular heartbeats.

  • June 28, 2022

    Broadband Projects Likely Face Severe Workforce Shortages

    An agency chief at the U.S. Department of Commerce heading up a $42.5 billion effort to deploy broadband told industry leaders Tuesday that workforce shortages raise one of the biggest obstacles to using the money efficiently.

  • June 28, 2022

    Ga. Panel Revives T-Mobile's $11M Equipment Tax Refund Bid

    The Georgia Court of Appeals vacated a trial court's decision Tuesday that wiped out a roughly $11 million sales tax refund for T-Mobile, saying the court applied the wrong standard of review in finding certain broadband network equipment taxable.

  • June 28, 2022

    EV Charging Biz Electrify America Lands $2.45B Valuation

    Electric vehicle charging business Electrify America LLC said Tuesday it's valued at $2.45 billion following an investment by Siemens and Volkswagen Group to be used to help the company continue advancing its technology and charging solutions.

  • June 28, 2022

    Investor Sues Auto Insurer Over Customer Recruitment Costs

    Directors and executives of auto insurance startup Root Inc. have been hit with a derivative investor suit in Delaware federal court alleging they misled shareholders about how much money the company spends acquiring new customers and caused the company's stock price to plummet.

  • June 28, 2022

    Warby Parker Escapes 1-800 Contacts' Search Engine TM Row

    A New York federal judge has cleared eyewear provider Warby Parker of claims it infringed 1-800 Contacts' trademarks with allegedly targeted search engine advertisements, ruling that reasonably sophisticated consumers can tell the difference between the rivals' distinct marks.

  • June 28, 2022

    CFIUS Probing Ericsson's $6.2B Vonage Buy

    Swedish telecommunications giant Ericsson disclosed Tuesday that national security officials are reviewing its plans to buy New Jersey-based internet phone company Vonage for an enterprise value of about $6.2 billion.

  • June 28, 2022

    3rd Circ. Casts Doubtful Eye On Auto Glass Co. In PPG IP Row

    A Chinese automobile glass company that allegedly ripped off PPG Industries' aircraft windshield trade secrets appeared to have a difficult time convincing the Third Circuit on Tuesday that, despite its decision to participate in the lawsuit only after being slapped with a default judgment, PPG isn't entitled to $26 million in damages.

  • June 28, 2022

    Compensation Info Biz Pave Lands $1.6B Series C Valuation

    Pave, a company that helps businesses determine salaries for their employees, said Tuesday it was valued at $1.6 billion following its Series C funding round that included Index Ventures, Andreessen Horowitz and YC Continuity Fund.

  • June 27, 2022

    Sidley Steers $1.9B Sale Of Brightly Software Company

    Investment firm Clearlake Capital Group LP announced Monday that it will sell Brightly Software Inc., both led by Sidley Austin LLP, to technology company Siemens AG for $1.875 billion.

  • June 27, 2022

    Chancery Nixes Aerojet CEO's Bid For Neutral Counsel

    Aerojet Rocketdyne Holdings Inc.'s board chairman will preside over an upcoming meeting where shareholders will vote for directors, the Delaware Chancery Court ruled Monday, rejecting a bid from the chair's rival, the company's CEO, for neutral counsel to conduct the meeting.

  • June 27, 2022

    Mich. City Official OK To Block Facebook Critic, 6th Circ. Says

    A city manager in Michigan who maintained a personal Facebook page that identified him as a public official did not violate a critic's constitutional rights by blocking him, a Sixth Circuit panel ruled Monday, saying that maintaining the page was not part of his job description.

  • June 27, 2022

    Twitter Stock Pumper Avoids Prison For Microcap Fraud

    A would-be Twitter-based stock sage on Monday was sentenced to six months of house arrest for what prosecutors say was a social media-based pump-and-dump scheme designed to induce his followers to drive up the share price of a worthless shell company.

  • June 27, 2022

    Investigators Not FLSA Exempt In OT Suit, 11th Circ. Says

    Investigators who examined damaged telecommunications infrastructure did not have sufficient control over their business operations to be considered overtime-exempt administrative employees, the Eleventh Circuit held Monday.

Expert Analysis

  • Cybersecurity Basics Are Key to Combating Ransomware

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    Recent prohibitions on ransom payments and other public policy measures vastly underestimate the breadth and complexity of the ransomware problem and will only work if organizations adopt basic cyber defenses, says Kate Margolis at Bradley.

  • Recent Trade Secret Cases Show Sentencing Disparities

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    Sentencing disparities in U.S. trade secret cases have surfaced in recent years, and legal practitioners should know that courts have found that the intended loss does not necessarily equal the cost of development of stolen trade secrets or the defendant's intended gain from misappropriation, says Steven Lee at Lewis Brisbois.

  • Beware Arbitration Clauses That May Bar Inter Partes Review

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    Recent decisions show that the Federal Circuit and district courts are moving toward recognizing that standard arbitration clauses can bar inter partes review at the Patent Trial and Appeal Board, a new landscape that will require careful consideration for parties negotiating patent-related contracts, say attorneys at Ropes & Gray.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • The Unique Nature Of COVID-Era Patent Procurement Trends

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    Data shows the COVID-19 pandemic is affecting patent procurement differently than past financial crises, with newly filed applications slowing in number while pending applications are maintained and not abandoned, say Michael Sartori and Sarah Hassan at Baker Botts.

  • Proposed Online Platform Regs Deviate From Antitrust Norms

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    The U.S. and EU are on the cusp of adopting digital platform legislation that would impose regulations based solely on firms' size, avoiding traditional antitrust principles and potentially changing the way online platforms' conduct is litigated, say Daniel Fenske at Mayer Brown and Felipe Pereira at Tauil Chequer.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Fed. Circ. AI Inventor Case Offers A Glimpse Into The Future

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    The recent oral argument in Thaler v. Vidal marks the first time that the Federal Circuit has substantively considered artificial intelligence, and while the court pushed back on arguments that an AI machine is entitled to patents, the broader context of this appeal can provide strategic guidance for future AI litigation, says Mark Davies at Orrick.

  • SEC Crypto Unit Expansion Is A Warning To Industry

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    The U.S. Securities and Exchange Commission’s recent decision to expand its Crypto Assets and Cyber Unit is a clear signal that federal regulators may increase enforcement against those violating securities laws in the digital asset space, say attorneys at BakerHostetler.

  • Enforcement Trends To Watch After SEP Remedies Withdrawal

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    Patent holders and implementers will need to consider several key issues in light of the new case-by-case federal enforcement stance following the withdrawal of the 2019 policy statement on standard-essential patents and the recent decision not to implement a new policy statement, say Alexander Okuliar and John Lanham at MoFo.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • How High Court May Tackle Fair Use In Warhol Case

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    After disappointing the technology world last year by leaving questions of copyrightability unanswered in Google v. Oracle, the U.S. Supreme Court appears primed to extend the fair use doctrine in the pending Warhol Foundation v. Goldsmith case and clarify where to draw the line between transformative use and derivative works, say Benjamin Stern and Anuj Khetarpal at Nutter.

  • Awaiting Critical Bankruptcy Decision For Surety Industry

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    The recent oral argument in Argonaut Insurance v. Falcon V offers the Fifth Circuit an opportunity to create a rule for multilateral contracts in bankruptcy and exposed the common misconception that a surety assumes the risk of the principal's nonperformance when it issues a bond, say Lisa Tancredi at Womble Bond and Laura Murphy at Travelers.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

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