Technology

  • October 15, 2021

    Ex-FTC Chair To Aid Maryland AG With Privacy, Antitrust Work

    A former head of the Federal Trade Commission is joining the Maryland attorney general's office to help boost the enforcer's growing efforts to manage emerging data privacy, technology and antitrust issues, the office said Thursday.

  • October 15, 2021

    Appeal Sought Over Chancery's Facebook Class Counsel Pick

    Block & Leviton LLP and Heyman Enerio Gattuso & Hirzel LLP sought a mid-case appeal Friday over a ruling granting class counsel leadership for Delaware stockholder litigation over Facebook security lapses, arguing that the Chancery's choice was both faulty and potentially overbroad.

  • October 15, 2021

    Claims Court Wants Analysis Of Marine Corps' Small-Biz Deal

    A Court of Federal Claims judge has directed the U.S. Small Business Administration to analyze whether a disputed sole-source Marine Corps small-business contract would have an adverse effect on other smaller companies, saying it had wrongly failed to do so earlier.

  • October 15, 2021

    HP Must Face Most Claims In Suit Over Ink Cartridges

    A California federal judge ruled Friday that HP Inc. cannot ditch the bulk of a proposed class action alleging a ploy to force customers to buy HP ink and toner by sending firmware updates so its printers could only use HP cartridges.

  • October 15, 2021

    Theranos' Test Demo Hid Failures From Investors, Jury Told

    A former Theranos senior project manager testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud trial Friday that he gave potential investors tours of the startup's headquarters and helped set up demonstrations using Theranos' blood-testing devices, which were, on at least one occasion, programmed to shield protocol failures.

  • October 15, 2021

    Google Users Push For Class Cert. In Chrome Privacy Suit

    Chrome browser users who are accusing Google of collecting personal data from them without permission are pressing U.S. District Judge Lucy Koh to allow them to proceed as a certified class, arguing that the tech giant made nearly identical privacy promises to all proposed class members.

  • October 15, 2021

    Avery Dennison Owes Over $62M In Patent Row, Judge Says

    Following an Oregon federal jury's finding that Avery Dennison infringed an inventor's patent for RFID tags, a federal magistrate judge on Thursday determined the company owed more than $62 million, which includes about $20 million in sanctions.

  • October 15, 2021

    NPE Patent Cases Increase By 11% In 2021

    Patent litigation by nonpracticing entities continues to climb this year, with a new report estimating that these suits are up almost 11% compared with the same period last year, driven in part by disputes over automotive and mobile device patents.

  • October 15, 2021

    Insurers Say GE Knew About Turbine Issues In Plant Failure

    A group of insurance and reinsurance companies is suing General Electric to recoup losses incurred in connection with a turbine blade failure at an Algerian power plant, saying GE knew about problems with its turbine blades.

  • October 15, 2021

    Rosen Law Firm To Lead Class In Robinhood MDL

    A Florida federal judge appointed the Rosen Law Firm PA on Friday to lead multidistrict litigation that alleges stock-trading app Robinhood caused more than $10 billion in market capitalization losses after its customers were hit in January with trading restrictions on certain stocks.

  • October 15, 2021

    FTC Reaches Deal In Suit Over Alleged Inmate Call Plan Scam

    A California federal judge on Thursday approved the stipulated settlement agreement between the Federal Trade Commission and a man it accused of running a $1.2 million scam advertising fake unlimited inmate calling plans.

  • October 15, 2021

    Treasury Issues Sanctions Compliance Guide Aimed At Crypto

    The Office of Foreign Assets Control on Friday published a compliance guide for digital asset companies as part of its ongoing efforts to crack down on ransomware attacks and the use of cryptocurrencies to avoid sanctions.

  • October 15, 2021

    Claims Court Finds No Bias In Navy Rejecting R&D Proposal

    A Court of Federal Claims judge has rejected a technology company's protest over its exclusion from a Navy small business research and development deal, saying the company hadn't shown Navy evaluators were biased against the firm or acted unreasonably.

  • October 15, 2021

    FCC Republicans Call For More Efficient Spectrum Use

    The Federal Communications Commission's two Republican members on Friday shared ideas to free up mid-band spectrum for 5G transmissions, emphasizing the need for stalwart agency leadership in the face of federal government pushback and calling attention to poorly designed wireless devices that may clutter the airwaves.

  • October 15, 2021

    Latham-Led Orthopedics Firm Leads 2 IPOs Totaling $165M

    Latham-led orthopedic implant maker Paragon 28 Inc. rallied in debut trading Friday after the medical device company priced a $125 million initial public offering, joined by cancer-focused biotechnology firm Mink Therapeutics Inc.'s $40 million IPO.

  • October 15, 2021

    5 SPACs Hit Public Markets For $875M Total

    Five special-purpose acquisition vehicles, steered by nine law firms, went public Friday after raising $875 million combined in initial public offerings, aiming to target companies for mergers in industries including technology, health care and cannabis.

  • October 15, 2021

    FCC Fines 911 Service Providers For Late Certification Filings

    The Federal Communications Commission has reached settlements with eight 911 service providers for failing to timely file their required 911 service reliability certification in 2020.

  • October 15, 2021

    Microsoft, Insurer Escape Addiction Treatment Coverage Suit

    A Seattle federal court dismissed a lawsuit alleging Microsoft and a Blue Cross Blue Shield affiliate unlawfully failed to cover the cost of an employee's daughter's inpatient mental health and substance abuse treatment, saying the tech company's health plan had discretion to decide what care was necessary.

  • October 15, 2021

    Software Co. Lobs Trade Secret Claims In $47M Monopoly Suit

    Firing back against a $47 million lawsuit accusing it of monopolizing the market for utility data management, an Atlanta software company countersued for trade secret misappropriation and unfair competition against a startup founded by its alumni.

  • October 15, 2021

    Goodwin Snags Another Litigator From Manatt In SoCal

    Goodwin Procter LLP nabbed another litigation partner from Manatt Phelps & Phillips LLP to join its Santa Monica office, continuing to bolster its West Coast litigation offerings.

  • October 14, 2021

    Zendesk Wants 9th Circ. To Affirm Ax Of Investors' Breach Suit

    Software company Zendesk is urging the Ninth Circuit to uphold the dismissal of a putative securities class action accusing it of concealing a 2016 data breach, arguing that it never lied to or misled investors about the strength of its data security program. 

  • October 14, 2021

    CR Bard Can't Escape Texas Man's Heart Filter Suit

    A Texas federal judge on Wednesday dismissed a design defect claim against C.R. Bard Inc. brought by a man who claims that a piece of a vein filter device lodged in his heart but said that the device maker still had to face failure-to-warn claims.

  • October 14, 2021

    CFPB, FTC Wade Into 4th Circ. Fight Over Public Records Site

    The Consumer Financial Protection Bureau and Federal Trade Commission told the Fourth Circuit on Thursday that a public records website cannot use so-called Section 230 liability protections for tech platforms to shield itself from a class action accusing it of credit reporting violations.

  • October 14, 2021

    Fed. Circ. Upholds HP's Victory In Printing Patent MDL

    The Federal Circuit on Thursday affirmed a Texas federal court's decision to clear HP and other companies in multidistrict litigation accusing them of infringing several printing patents, while upholding an attorney fee order that the patent owner engaged in misconduct.

  • October 14, 2021

    Holmes Prayed As WSJ Reporter Raised Doubts, Jury Told

    A California federal magistrate judge Thursday rejected ex-Theranos CEO Elizabeth Holmes' efforts to exclude ex-Wall Street Journal reporter and "Bad Blood" author John Carreyrou from watching her criminal fraud trial, while the jury viewed text messages showing she was "praying literally nonstop" as Carreyrou's investigation raised doubts about Theranos' technology.

Expert Analysis

  • What Attorneys Should Know About Blockchain Disputes

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    As blockchain companies on the product supply chain rapidly adopt new technologies, commercial counsel can prepare to assist blockchain clients and consumers in mitigating transactional disputes by becoming familiar with smart contract code, jurisdictional issues and new dispute resolution schemes, says Michael Hewitt at Sideman & Bancroft. 

  • Extension Of The HSR Waiting Period Increases Acquirer Risk

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    Attorneys at K&L Gates look at the Federal Trade Commission's recent extension of the merger-review waiting period under the Hart-Scott-Rodino Act, and its effect on pending transactions, broader public policy and the Biden-era M&A market.

  • Opinion

    Copyright Law's Employment Test Is Frighteningly Outdated

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    In Horror Inc. v. Miller, the Second Circuit's recent analysis of whether the defendant was an employee or an independent contractor, and thus able to terminate his copyright, illustrates why copyright employment principles need to be updated in view of the post-COVID-19 work context, says Matthew Fagan at Kacvinsky Daisak.

  • New Contractor Insights On 'Other Transaction' Bid Protests

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    Based on recent case law, including the U.S. Court of Federal Claims’ recent ruling in Kinemetrics v. U.S., contractors interested in protesting so-called other transaction agreements should focus not on whether to file but on which federal court is appropriate for doing so, say Locke Bell and Krista Nunez at MoFo.

  • 4 Antitrust Risk Areas To Watch For Government Contractors

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    To plan for the increased likelihood of detection and stiff penalties for antitrust violations following the anticipated passage of the Infrastructure Investment and Jobs Act, compliance efforts should focus on joint bidding, dual distribution, legal certifications, and hiring and compensation, say Andre Geverola and Lori Taubman at Arnold & Porter.

  • What SEP Holders Can Take Away From UK's Apple Ruling

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    A U.K. court's recent decision in the standard essential patent dispute between Apple and Optis Cellular Technology provides encouragement for SEP owners litigating their portfolios in the U.K. and reaffirms the country's place as a patentee-friendly jurisdiction, says Tess Waldron at Powell Gilbert.

  • Anti-Retaliation Refresher Following Facebook Whistleblower

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    A former Facebook employee’s recent sharing of internal documents with government agencies and the press reminds that whistleblowers are shielded by strong anti-retaliation protections — with certain limitations, depending on the type and scope of material taken and the parties that receive it, says Alia Al-Khatib at Katz Marshall.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Fed. Circ. Ruling Instructive On Defeating Patent Obviousness

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    The recent Federal Circuit decision Chemours v. Daikin, holding that the Patent Trial and Appeal Board disregarded prior art teachings in deciding that claims were obvious, reveals how the teaching-away and commercial-success doctrines provide strong arguments to overcome obviousness during patent prosecution or litigation, say attorneys at BCLP.

  • Practical Implications Of Delaware's New Demand-Futility Test

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    In United Food and Commercial Workers Union v. Zuckerberg, the Delaware Supreme Court adopted a new universal test for assessing a board’s ability to independently assess a shareholder litigation demand, which may close off certain paths for plaintiffs who seek to plead demand futility, say Courtney Worcester and Roger Lane at Holland & Knight.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • Predicting Fed. Circ. Rule 36 Affirmances In Patent Cases

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    A review of the timing between patent litigation oral argument and Rule 36 affirmances at the Federal Circuit, assessed across lower courts since 2013, reveals several trends practitioners can rely upon to predict whether their appeal will end in a Rule 36 judgment, say attorneys at Dechert.

  • Upshots Of Del. Holding On Appraisal Rights Waivers In M&A

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    The Delaware Supreme Court's recent Manti v. Authentix holding offers key takeaways clarifying the enforceability of the dual approach of appraisal waivers and drag-along rights, to keep common stockholders in check in a merger or stock sale, while also framing the contexts in which these waivers might not be enforceable, say attorneys at Troutman Pepper.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

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