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Technology

  • April 25, 2019

    Musk, SEC Tell Court Talks Over Twitter Use Are 'Productive'

    Tesla Inc. CEO Elon Musk’s ongoing discussions with the U.S. Securities and Exchange Commission about his free-wheeling use of Twitter “continue to be productive,” Musk and the SEC have told a New York federal judge.

  • April 25, 2019

    Facebook Seeks $10M In Suit Over Fake Instagram Likes

    As recently promised, Facebook and Instagram are cracking down on fake social media engagement, lodging a suit in California federal court Thursday seeking $10 million from a New Zealand company and its owners for allegedly selling fake "likes" to Instagram users.

  • April 25, 2019

    1st, 5th Circuits Back FBI Malware Warrant In Child Porn Case

    The First and Fifth Circuits in separate rulings have refused to toss evidence the FBI gathered using malware about suspects in a massive child pornography sting, joining seven sister circuits in finding that law enforcement had obtained in good faith the sweeping warrant that authorized the investigative tactic.

  • April 25, 2019

    Facebook Facing New Data Probes In New York, Ireland

    The New York Attorney General's Office on Thursday opened an investigation into Facebook's unauthorized collection of 1.5 million users' email contact lists, while Ireland's privacy regulator said it was looking into whether the company broke the law by storing passwords internally in plain text. 

  • April 25, 2019

    FilmOn, Exec Hit With $4.6M Verdict After Sex Case Outburst

    A California jury ordered FilmOn, Hologram USA and their founder Alki David to pay a combined $4.6 million and queued up possible punitive damages in an explosive sexual harassment and battery trial that saw the billionaire executive ordered out of the courtroom when he blew up at an opposing attorney.

  • April 25, 2019

    Limo Co. Fights Uber's Bid To Exit Unfair Competition Suit

    A California limousine company told a federal judge Thursday that it has properly laid out class claims alleging Uber wrongly classified its drivers as independent contractors to gain a competitive edge, arguing its suit should remain in federal court.

  • April 25, 2019

    PTAB Upholds Data Network Patent Challenged By RPX

    Defensive patent group RPX Corp. has lost its challenge to a data network patent invoked in legal scraps involving the likes of Ericsson and Huawei, with the Patent Trial and Appeal Board ruling the group failed to show that the invention was obvious.

  • April 25, 2019

    Attys Seek $34M From Lithium Battery Price-Fixing Deals

    Attorneys who worked out more than $113 million in settlements on behalf of buyers accusing a slew of battery makers of conspiring to fix the price of lithium-ion batteries are asking a California federal judge to allow them to pocket $34 million for their trouble.

  • April 25, 2019

    Trump Telecom Adviser To Take Policy Post At Fox

    A telecommunications and technology adviser to President Donald Trump will depart the White House to join Fox Corp. as a public policy director in Washington, D.C.

  • April 25, 2019

    Witnesses To Calif. Reps: Pass Emergency Throttling Bill

    A California state bill that would ban the throttling of first responders' data plans when a state of emergency is declared would immensely help public safety personnel communicate during emergencies, witnesses told a California state assembly committee Wednesday.

  • April 25, 2019

    Prof. Trying To 'Hide The Ball' With Patent Suit Redo, Lyft Says

    Lyft told a California federal court Wednesday that a retired professor shouldn't be allowed to file an amended patent suit loaded with bloated claims that the company stole his idea for a ride-hailing app.

  • April 25, 2019

    Skadden, Latham Steer 2 Follow-On Offerings Raising $152M

    Chinese wearable device maker Huami Corp., advised by Skadden, and cancer-focused biotechnology firm Gritstone Oncology, advised by Latham & Watkins LLP, raised more than $152 million combined through follow-on offerings that priced before trading began Thursday.

  • April 25, 2019

    Carr's 5G Jobs Plan To Partner FCC With Colleges, Carriers

    A newly announced initiative to train more infrastructure workers for the fifth-generation era will include partnerships with community colleges to set up low-cost training programs and will focus on schools that specialize in trade skills such as electrical line work and those close to military bases, according to Federal Communications Commissioner Brendan Carr.

  • April 25, 2019

    Facebook Says Cambridge Analytica Data Should Stay Private

    Facebook asked a New York bankruptcy court on Wednesday to ensure that data sought from defunct British data firm Cambridge Analytica by a group of Facebook users is kept private, saying that “sensitive personal information” could be at risk of exposure.

  • April 25, 2019

    FTC Hit With Another Suit Over Robocall 'Soundboard' Stance

    The Federal Trade Commission was hit with another suit Wednesday challenging the agency’s interpretation that "soundboard" telemarketing technology falls under the purview of robocall laws, days after the Supreme Court declined to wade into the issue with a similar case.

  • April 25, 2019

    PayScale Valued At $325M In PE Investment Led By 2 Firms

    PayScale, led by Willkie, on Thursday scored a majority investment from tech-focused private equity firm Francisco Partners, advised by Kirkland, in a deal that values the compensation-data provider at $325 million.

  • April 24, 2019

    Calif. Leaders OK Changes Curtailing Landmark Privacy Law

    California lawmakers have advanced eight industry-backed amendments that would scale back the scope of the state's landmark privacy law, including by changing how the law defines personal information.

  • April 24, 2019

    TCPA Debt Call Carveout Is Unconstitutional, 4th Circ. Says

    The Fourth Circuit on Wednesday struck down an exemption that allowed government-backed debt collectors to skirt the Telephone Consumer Protection Act's blanket ban on autodialed calls to cellphones, finding the provision violated the First Amendment's free speech clause. 

  • April 24, 2019

    Broadband Cos. Ask FCC To Leave Spectrum Leases Alone

    The Federal Communications Commission shouldn't shift the rules surrounding how swaths of the spectrum earmarked for educational use may be leased, several groups who hold such leases have urged the agency.

  • April 24, 2019

    Fed. Circ.'s PTAB Forum Clause Ruling May Not Be Last Word

    The Federal Circuit has held that patent license forum selection clauses can bar Patent Trial and Appeal Board challenges, but attorneys say that might not lead to a win for the patentee in the case, and the board may view the issue differently. Here’s what could happen next.

Expert Analysis

  • Emulex Highlights Greater Scrutiny Of Issues At High Court

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    A brief review of the procedural history of Emulex v. Varjabedian, and the circumstances giving rise to the U.S. Supreme Court’s abrupt dismissal of the case Tuesday, may provide useful insights for future petitioners seeking the court’s review, say attorneys with Labaton Sucharow.

  • The Road Ahead For Music-Streaming Licenses

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    The U.S. Copyright Office is setting up a new licensing collective to handle the rights for digital streaming music services, which will be a great benefit to fans and creators of music, but may be difficult to implement, says Dave Davis of Copyright Clearance Center.

  • The M&A Aftermath Of High Court's Emulex Punt

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    The U.S. Supreme Court's decision Tuesday to dismiss Emulex v. Varjabedian leaves behind a great deal of confusion in the federal securities laws governing corporate mergers and acquisitions, and there are at least three important consequences, says Lyle Roberts of Shearman & Sterling.

  • What We Heard At The FTC Hearings: Day 22

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    The 13th hearing in the Federal Trade Commission’s series on competition in the 21st century focused on evaluating the FTC’s merger retrospective program. Jon B. Jacobs and Jeremy Keeney of Perkins Coie discuss some of the recurring themes, innovative concepts and key takeaways.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • Ex-Jumio CEO Case Shows SEC Is Watching Private Cos.

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    The U.S. Securities and Exchange Commission recently settled with the founder of Jumio for his misstatement of financial results to inflate the value of his company shares. This case is an example of what may be in store if an economic downturn hits the current stable of unicorns, say Joshua Newville and Brian Hooven at Proskauer.

  • Courts Are Filling In Justices' Design Patent Remedy Void

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    The U.S. Supreme Court's 2016 decision in Samsung v. Apple produced considerable consternation because it did not set a standard for calculating a design patent infringer’s profits to determine a patentee’s compensation. But the lower courts' response suggests any fear of unreasonable awards was premature, say Sterne Kessler attorney Tracy-Gene Durkin and consultant Gary Griswold.

  • Kickstarter's Unionizing Efforts May Signal New Trend In Tech

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    Historically, employee organizing efforts at tech companies have been limited to lower-paying positions, but Kickstarter employees' recently announced plans to unionize could signal a shift toward increased unionizing efforts by tech workers in higher-paid positions, says Candice Zee of Vedder Price.

  • Answers To AI Patent Questions May Be Found In Biotech

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    In patenting innovations involving artificial intelligence, there is uncertainty on issues like inventorship, adequacy of disclosure, assessment of nonobviousness, and patent eligibility. The field of biotechnology once faced similar challenges, say Enrica Bruno and Brian Cash of Steinfl & Bruno.