Technology

  • October 11, 2019

    4 Privacy Disputes Ripe For Supreme Court Review

    While the U.S. Supreme Court doesn't currently have a blockbuster privacy case on its docket, several hot-button issues are primed to be added to the justices' agenda, such as the standards for certifying massive privacy classes and the harm that has to be shown to prop up data breach claims.

  • October 11, 2019

    Apple-Qualcomm Patent Feud Still Rumbling At PTAB

    After striking a six-year deal they said ended all their litigation worldwide, Apple and Qualcomm nonetheless plowed ahead this week with several open cases at the Patent Trial and Appeal Board in the iPhone maker's bid to knock out several of the chipmaker's patents. 

  • October 11, 2019

    Lyft Sues NYC Regulators To Annul Limits On 'Cruise' Time

    Lyft Inc. sued the New York City Taxi and Limousine Commission in state court Friday over its new rule that caps the amount of time drivers can "cruise" Manhattan without passengers, arguing that the rule is arbitrary and capricious, against the interest of underserved communities and in violation of antitrust laws.

  • October 11, 2019

    Hyatt Brings Deceptive Ad Claims To TravelPass Antitrust Suit

    Hyatt Corp. shot back Friday at the booking company that brought an antitrust suit that accuses it of conspiring with other hotel chains not to compete for web search terms, telling a Texas federal court that TravelPass' business “depends on deceiving customers.”

  • October 11, 2019

    After Mississippi Exit, AGs' T-Mobile Suit May Dwindle

    The coalition of 18 state attorneys general suing to block the Sprint-T-Mobile merger showed signs of splintering when Mississippi departed the lawsuit, raising the possibility that other rural states will also strike deals securing additional mobile coverage commitments and cementing their support for the merger.

  • October 11, 2019

    Satellite TV Cos. Slam Broadcasters' 'Deceptive' STELAR Ads

    A Facebook ad campaign the National Association of Broadcasters is running to drum up support for the expiration of a satellite law is "deceptive," a lobbying group for cable and satellite providers said Thursday. 

  • October 11, 2019

    Claims Court Says Task Order Adjustments Can’t Be Protested

    A protest over a Centers for Medicare & Medicaid Services decision to modify a task order for information technology services is barred by the same law that prohibits protests over newly awarded task orders, the Court of Federal Claims has ruled.

  • October 11, 2019

    PTAB Says Privacy Management Patent Covers Abstract Idea

    The Patent Trial and Appeal Board invalidated a OneTrust patent related to privacy management software on Thursday, finding it covered only an abstract idea.

  • October 11, 2019

    Lack Of Broadband Data Dooms Subsidy Cap, Groups Say

    The Federal Communications Commission should not impose an overall spending cap on its broadband and telephone subsidy programs because it still doesn't know the extent of the "digital divide" that the programs are meant to address, public interest groups said in a filing posted Thursday.

  • October 11, 2019

    Localities Urge FCC Not To Presume Infrastructure Rates

    The Federal Communications Commission should reject Verizon's attempt to lower what it claims are inflated wireless infrastructure fees in a Nevada county, an array of localities has told the agency, saying that ruling on specific acceptable rates would be an overreach of the commission's authority.

  • October 11, 2019

    Firms Want $2M In Fees For Quantum Accounting Settlement

    Kirby McInerney and Glancy Prongay & Murray asked a California federal court Thursday for roughly $2 million in fees for their efforts securing a tentative $8 million from data storage company Quantum Corp. to resolve a shareholder lawsuit over its accounting practices.

  • October 11, 2019

    Current Accuses Facebook Of Copying Crypto Wallet Logo

    Mobile banking company Current has accused Facebook of ripping off its logo by promoting a virtually identical one for its forthcoming cryptocurrency wallet, Libra.

  • October 11, 2019

    Sens. Push OMB For More Info On Tech Supply Chain Threats

    Top members of the U.S. Senate Homeland Security Committee have warned that the Trump administration may be leaving Congress and the federal judiciary in the dark about discovered supply chain security vulnerabilities, potentially heightening the risk of a cyberattack. 

  • October 11, 2019

    Visa, MasterCard, EBay Drop Out Of Libra Association

    MasterCard, eBay and Visa confirmed to Law360 on Friday that they won't be joining the Facebook-led Libra digital currency project, a move that comes one week after PayPal announced it was ending its involvement.

  • October 11, 2019

    Dutch Tech Biz CM.com Pumps Brakes On €100M IPO

    Communications technology company CM.com said Friday it has elected to postpone its initial public offering because of unfavorable market conditions, after setting course in late September for a float that was expected to raise €100 million ($110.5 million).

  • October 11, 2019

    FCC Accounting Freeze Misallocates Billions, DC Circ. Told

    The telecom stakeholders fighting a Federal Communications Commission decision to extend a long-running freeze on a wireline cost allocation regime told the D.C. Circuit the suspension keeps local public utility customers on the hook for the growing costs of private networks.

  • October 11, 2019

    Reed Smith Nabs Ex-Morrison & Foerster Capital Markets Atty

    Reed Smith LLP has added a capital markets attorney from Morrison & Foerster LLP as a partner in its global corporate practice in New York.

  • October 11, 2019

    Printing Co. Says Rival Used Similar Name To Trick Customers

    The owner of a 3D printing company is suing an ex-business partner for trademark infringement, claiming that the former partner is tricking customers by marketing the same services under a common misspelling of the company name.

  • October 11, 2019

    EY Hires Former Microsoft Tax Atty With Treasury Experience

    A former tax counsel with Microsoft has joined EY as a principal in its tax controversy practice, bringing experience in audits and transfer pricing matters, as well as in-house work with Treasury, the firm recently announced.

  • October 10, 2019

    Dershowitz Says TransPerfect Case Too Tangled To Sanction

    High-profile attorney Alan Dershowitz told Delaware's Chancery Court on Thursday that payment disputes between TransPerfect Global Inc.'s founder and a court-appointed custodian are too tangled and murky to support the custodian's call for hefty sanctions over unpaid bills and an allegedly frivolous lawsuit.

  • October 10, 2019

    Ether Is Definitively A Commodity, CFTC Chair Says

    The chairman of the U.S. Commodity Futures Trading Commission said Thursday that the cryptocurrency Ether is definitively a commodity in line with Bitcoin, which has also been excluded from securities laws and falls under the purview of the Commodity Exchange Act.

  • October 10, 2019

    Immigration Audits Of STEM Grad Work Program Stir Anxiety

    Businesses have begun taking a closer look at their training programs for foreign math and science graduates as the Trump administration ramps up its scrutiny of employment visas for entry-level hires.

  • October 10, 2019

    Watchdog Backs VA Pick For $1B IT Deal Despite Higher Price

    The U.S. Department of Veterans Affairs reasonably chose Booz Allen Hamilton's technically superior $1 billion bid for an information technology deal, despite a significant price premium over other bidders, the U.S. Government Accountability Office said in a decision released on Thursday.

  • October 10, 2019

    Former Intuit Exec Takes Over Top Role At LabCFTC

    Former Intuit executive Melissa Netram has been appointed director of the U.S. Commodity Futures Trading Commission's fintech initiative, or LabCFTC, the agency announced Thursday.

  • October 10, 2019

    Ignoring Patents Not A Willful Infringement Free Pass In EDTX

    A recent ruling in the Eastern District of Texas has called into question the practice of not reading patents as a way for companies to shield themselves from claims of willful infringement, potentially putting some businesses in a Catch-22.

Expert Analysis

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • Revising Cloud Contracts In Light Of Capital One Cyberattack

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    In 2019, there have been 3,494 cyberattacks against financial institutions, including, most notably, Capital One. Until regulatory action is taken, financial institutions, which are on their own when it comes to addressing potential cloud service risks, should incorporate liability and security provisions into cloud service contracts, say Nicholas Smith and Rita Ganguli of Milbank.

  • Stats Show Expert Declarations Can Help Avoid AIA Institution

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    An examination of more than 1,300 Patent Trial and Appeal Board cases, analyzing the effect of expert declarations on America Invents Act institution rates, reveals that including expert declarations reduces the aggregate institution rate for inter partes and post-grant reviews, says Brian Koide of Dunlap Bennett.

  • Chinese Acquisitions Even More Uncertain In New CFIUS Era

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    While hostility toward Chinese-led investment in U.S. companies is not new, the proposal expanding the Committee on Foreign Investment in the United States' authority to scrutinize such deals casts further doubt over how many inbound Chinese investments in the U.S. will actually close, says Jing Zhao at Saul Ewing.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • 3 Policy Developments To Watch As US-China Divide Grows

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    While trade negotiations between the U.S. and China resume Thursday, it is difficult to imagine a trade agreement in the near term that could blunt the momentum of larger strategic forces pushing the two countries apart, say attorneys at Kirkland.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • Competing Refusal-To-Deal Tests At 7th, 9th Circs.

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    The Viamedia and Qualcomm antitrust cases in the Seventh and Ninth Circuits, in which the U.S. Department of Justice has taken positions regarding when a refusal to deal could be unlawful, may lead the U.S. Supreme Court to clarify the appropriate standard for refusal to deal claims, says Ryan Sandrock of Sidley.

  • A Developing Split Over Online Marketplace Product Liability

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    A pair of recent opinions from the Third and Sixth Circuits suggest that e-commerce intermediaries may be held liable for selling allegedly defective products, but an Arizona federal court's recent opinion in State Farm v. Amazon demonstrates the level of uncertainty that exists on this issue, say Blake Angelino and Benjamin Broadhead at FaegreBD.

  • Fed. Circ. GE Case Reveals IPR Appellants' Standing Burden

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    In light of the recent Federal Circuit decision in General Electric v. United Technologies, which illustrates the Federal Circuit's demanding standard for demonstrating Article III standing in appeals of inter partes reviews, counsel for appellants are well advised to focus carefully on injury in fact, says Richard Stark of Cravath.

  • Digital Platforms Must Heed Japanese Antitrust Law Updates

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    The Japanese government has expedited discussions for new regulations and enforcement regarding digital platforms, bringing new possible risks and protections for U.S. platforms with users in Japan, says Takashi Komoguchi of Oh-Ebashi.

  • The AI Authorship Question Under Current Copyright Law

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    Now that we are in the age of artificial intelligence technologies capable of generating complex audio or visual works, it is time to look critically at whether current copyright law and Copyright Office guidelines interpreting it should require human creativity for authorship, say Carrie Richey and Christian Mammen of Womble Bond.

  • Consider The Power Of Tactical Empathy

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    By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

  • Opinion

    Answer To Iancu's SEP Policy Call Is In Plain Sight

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    The balanced and structured policy for patent licensing negotiations in standards organizations that U.S. Patent and Trademark Office Director Andrei Iancu recently called for is already satisfied by the 2013 joint statement on standard essential patent remedies by the USPTO and U.S. Department of Justice, says Michael Carrier of Rutgers Law School.

  • The Problem — And Opportunity — Of Implicit Bias In The Bar

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    Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.