Technology

Expert Analysis

• Emulex Highlights Greater Scrutiny Of Issues At High Court

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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.

  

  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

  

  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

  

  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

  

  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.