• September 23, 2016

    Judge Rips Kirkland, Facebook For Sending Junior Attorney

    A Brooklyn federal judge reportedly came down hard on a Kirkland & Ellis LLP associate in a pre-motion conference on Thursday, taking the young lawyer’s firm to task for sending him instead of a partner to defend Facebook Inc. against claims it facilitated international terrorism.

  • September 23, 2016

    Taxation With Representation: Milbank, Fenwick, Mayer Brown

    In this week’s Taxation With Representation, Eldorado Resorts snatches up Isle of Capri Casinos for $1.7 billion, a tech-focused private equity firm buys California-based Infoblox for nearly as much, and Lennar Corp. expands its Florida footprint with a $643 million deal.

  • September 23, 2016

    Yahoo Breach Fallout Draws Verizon Buyout Concerns

    Yahoo's revelation Thursday that a 2014 cyberattack had compromised data tied to at least 500 million user accounts raises a host of questions about the company's data security and future financial health that are likely to be of great interest to not just class action plaintiffs and regulators, but also to its prospective buyer Verizon.

  • September 23, 2016

    Fed. Circ. OKs Cell Carriers' Alice Win Over 'Translator' Patent

    In a win for accused infringers Sprint Corp., T-Mobile US Inc. and other carriers, the Federal Circuit on Friday affirmed a district court's ruling that a patent on a method of sending communications between different types of media is invalid under Alice because it claims only the abstract idea of translation.

  • September 23, 2016

    Lenovo Says Apple Earbud Win Subverts Adware Class Claims

    Lenovo told a California federal judge Friday that customers who claim they could be harmed in the future by hidden adware preinstalled on their computers don’t qualify for class certification in multidistrict litigation, citing a 2010 Ninth Circuit decision that threw out claims that Apple's iPod headphone carried an undue risk of hearing damage.

  • September 23, 2016

    3 Firms Prime IPOs Totaling $547M Led By 'Unicorn' Nutanix

    Three firms will guide initial public offerings estimated to total $547 million during the final week of September, highlighted by Silicon Valley technology startup Nutanix that would mark the second so-called unicorn to go public in 2016, plus a real estate investment trust and two biotechs.

  • September 23, 2016

    Software Co. Sues Ex-Ally Under New Trade Secrets Law

    Manufacturing software maker Visim Inc. filed suit in Delaware federal court Wednesday accusing Plex Systems Inc. of stealing proprietary software and algorithms that were covered by confidentiality agreements, in violation of the Defense of Trade Secrets Act of 2016.

  • September 23, 2016

    BigLaw Allergy To 'Sorry' On Display In Orrick Sanction Spat

    There are lots of ways to say “I’m sorry,” but BigLaw excels at finding ways around the mea culpa, experts said, despite copious research pointing to the professional — and legally strategic — benefits of a heartfelt apology.

  • September 23, 2016

    Fed. Circ. Says Sprint Patents Wrongly Axed Under Nautilus

    The Federal Circuit on Friday reversed a district judge’s ruling that six Sprint patents on Voice over internet Protocol technology asserted against Cox Communications are invalid as indefinite under the U.S. Supreme Court’s Nautilus ruling, finding that they provide sufficient clarity.

  • September 23, 2016

    Google Blasts Ex-MySpace Owner For ‘Harassing’ Motions

    Google, News Corp. and owner Interactive Corp. urged a California federal judge Friday to declare a former MySpace co-owner a vexatious litigant over his pursuit of allegations they depressed MySpace’s price ahead of its 2005 sale, saying he’s filed 16 “really harassing” motions since the court dismissed the claims a year ago.

  • September 23, 2016

    Fed. Circ. Backs DirecTV, Amazon Alice Wins On Streaming IP

    The Federal Circuit on Friday affirmed a lower court’s decisions that two streaming media patents asserted against Inc., DirecTV LLC and the major sports leagues are invalid for claiming only abstract ideas under the U.S. Supreme Court’s Alice decision.

  • September 23, 2016

    GOP Rep. Proposes Bill To Ease FinTech Regulations

    A Republican congressman introduced a bill on Thursday that he claims will create a regulatory framework encouraging greater innovation in financial services technology, as the United States faces more overseas competition from entrepreneurs in the growing fintech sector.

  • September 23, 2016

    PE Group Pays Over $500M For Analogix Semiconductor

    California-based Analogix Semiconductor Inc. announced Thursday that it has been purchased by a Chinese investment fund for more than $500 million.

  • September 23, 2016

    Cray Loses Bid To Nix Raytheon IP Infringement Suit

    Cray Inc. lost out on a bid to nix a patent infringement suit from defense contractor Raytheon Inc. Wednesday, after US District Judge Rodney Gilstrap ruled that Cray had sufficient ties to Texas to allow the allegations to move forward.

  • September 23, 2016

    High Court Urged To Hear Google, Viacom Child Privacy Row

    The U.S. Supreme Court has been asked to weigh in on whether Google and Viacom violated the Video Privacy Protection Act and other federal statutes by allegedly tracking children's internet and video-viewing activities, with petitioners claiming that a recent Third Circuit opinion "would eviscerate wiretap protections for internet communications."

  • September 23, 2016

    Deals Rumor Mill: Twitter, CBOE Holdings, Carlos Slim

    Salesforce is mulling a Twitter takeover that could value the social media company at around $13 billion; U.S. options exchange CBOE is in discussions to buy Bats Global, which is valued at about $2.6 billion; and Mexican billionaire Carlos Slim has acquired a $112 million stake in CaixaBank.

  • September 23, 2016

    PE-Backed Danish Payments Co. Gets $4.5B Valuation In IPO

    Nordic digital payments processor Nets AS priced its initial public offering on the Nasdaq Copenhagen on Friday, pulling in a total of 15.75 billion Danish kroner ($2.4 billion) for the company and its private equity backers and earning a valuation of 30 billion Danish kroner ($4.5 billion).

  • September 23, 2016

    Terix, Execs On Hook For Oracle's $58M Asset Transfer Suit

    A California federal judge on Thursday refused to throw out Oracle America Inc.’s lawsuit accusing Terix Computer Co. and its executives of manipulating assets to wriggle free of a $57.7 million copyright judgment, saying Oracle’s complaint was replete with allegations to support its claims.

  • September 23, 2016

    Fed. Circ. Scraps $10.8M Power Strip Patent Win

    The Federal Circuit on Friday tossed a Nevada federal jury’s $10.8 million patent infringement verdict and kicked the matter back, holding that the lower court erred in how it construed a claim term for a power strip patent.

  • September 23, 2016

    Apple Hit With Class Action Over Alleged Mac Pro Defects

    Apple Inc. on Thursday was slapped with a proposed class action in California state court alleging that its 2013 line of Mac Pro computers contain defective components that cause them to freeze, crash and eventually render them useless.

Expert Analysis

  • The Digital Divide Remains A Chasm In The US

    John F. Stephens

    The Federal Communications Commission has announced that it will not appeal the Sixth Circuit's decision declaring that the FCC does not have authority to preempt state laws that inhibit municipal broadband service expansion. This ruling will make it harder for cities, towns and public entities to compete with for-profit companies, possibly reinforcing the digital divide between rural and urban populations, says John Stephens of Sedgwick LLP.

  • Clinton Vs. Trump On IP Law

    Jack Hicks

    At the presidential debate Monday night, we will hear about the distinct policy differences between Democratic nominee Hillary Clinton and Republican nominee Donald Trump in such areas as immigration, national defense, crime and taxation. But this election also will set the tone for the future of intellectual property law, says Jack Hicks of Womble Carlyle Sandridge & Rice LLP.

  • 9th Circ. Limits CDA Immunity From Failure-To Warn-Cases

    Tyler Newby

    Although the Ninth Circuit's recent opinion in Beckman v. is unpublished, it creates a potentially troubling gap in the Communications Decency Act immunity protecting online services from suits based on the conduct of their users, say Tyler Newby and Hanley Chew of Fenwick & West LLP.

  • Practical Uses For Machine Learning In Health Care Cases

    Mihran Yenikomshian

    Machine learning can efficiently turn enormous volumes of both structured and unstructured data into something meaningful, without losing underlying details. Consultants with Analysis Group Inc. elaborate on how machine learning can be applied in the courtroom in terms of informing legal strategy, identifying relevant materials for experts, and enhancing expert testimony in health care litigation.

  • Wearable Device Data As Evidence In Employment Cases

    Karla Grossenbacher

    Wearable device data may be the next big thing in the world of evidence for employment cases. Given the nature of the information captured, it is easy to see how this type of data may be relevant to claims of disability discrimination, workers’ compensation and even harassment, say Karla Grossenbacher and Selyn Hong of Seyfarth Shaw LLP.

  • How Tribes Can Avoid Gambling With Casino Patrons' Data

    Erica J. Dominitz

    While all organizations, regardless of size, are vulnerable to data breaches, casinos are particularly attractive targets for cybercriminals for obvious reasons. Erica Dominitz and Venus Prince of Kilpatrick Townsend & Stockton LLP outline the steps that casinos should take in order to secure adequate cyberinsurance and protect themselves from cyberlosses.

  • FTC's Indirectly Set Standard For Mobile Location Tracking

    Mark Sableman

    The Federal Trade Commission recently rebuked the mobile app company InMobi for sneakily tracking the locations of app users who did not consent to revealing their location. This case of indirect geolocation determination and indirect misleading of mobile app users has indirectly set broad new responsibilities for app providers, ad networks and analytic firms, says Mark Sableman of Thompson Coburn LLP.

  • What To Know About New NHTSA Self-Driving Cars Policy

    Michael R. Nelson

    With the release of its long-awaited guidelines on the regulation of highly automated vehicles Tuesday, the National Highway Traffic Safety Administration appears to be providing automakers a great deal of latitude. However, consumer watchdogs will likely cite the string of recent product recalls as evidence that automakers cannot and should not be allowed to police themselves, says Michael Nelson of Sutherland Asbill & Brennan LLP.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • Guarding Against Privilege Waiver In Federal Investigations

    Elizabeth McGinn

    It's been well over a year since Judge Andrew Peck gently excoriated the legal community for underusing the not-so-new privilege waiver protections of Rule 502(d). While his remarks may have raised awareness, Rule 502 as a whole, together with any potential federal agency regulations concerning privilege waiver, offers little peace of mind to parties subject to government investigations, say attorneys with BuckleySandler LLP.