• May 27, 2016

    Uber Wants $11M Pa. Fine Chopped

    Uber Technologies Inc. on Wednesday asked Pennsylvania regulators to reduce a more than $11.3 million fine assessed against the ride-hailing company for operating in the state without authorization, saying that the penalty exceeded a previous state high by more than five times.

  • May 27, 2016

    Even After Google's Trial Victory, Long Fight Still Ahead

    With a Thursday jury verdict that Google’s use of Oracle’s copyrighted Java software code was protected by the fair use doctrine, the tech giant and its supporters won a huge battle, but the war is far from over.

  • May 27, 2016

    Twilio Sets Aim For Year's First 'Unicorn' IPO At $100M

    Embeddable communications platform Twilio disclosed plans for a nominal $100 million initial public offering to the U.S. Securities and Exchange Commission Thursday, becoming the first so-called unicorn — a private startup valued at at least $1 billion — to place its sights on the open market in 2016.

  • May 27, 2016

    Taxation With Representation: Proskauer, Skadden, Hogan

    In this week's Taxation With Representation, investment firm Ares Capital makes a $3.43 billion purchase to increase its direct lending capabilities, Siris Capital Group buys up a Massachusetts technology company and an $8.4 billion real estate investment trust is born.

  • May 27, 2016

    Centauri Health Nabs $50M From Silversmith Capital

    Health care software provider Centauri Health Solutions Inc. said Thursday that it has received a $50 million equity investment from private equity firm Silversmith Capital Partners, which will be used to help the Scottsdale, Arizona-based business grow.

  • May 27, 2016

    BREAKING: Google Wins IP Trial Over Earth Mapping Tech

    A Delaware jury determined Friday that the technology used by Google Earth to display refined images of the planet does not infringe the patent of a German tech company and found the patent to be invalid over prior art.

  • May 27, 2016

    New US Banking Data Policy In Trade Deals Still Has Critics

    A change in the Obama administration’s strategy for crafting data localization rules for financial services firms in trade deals was met with a mixed reaction Thursday, with some stakeholders applauding the policy while others said more action was needed.

  • May 27, 2016

    Google Earth Infringement Allegations Go To Jury

    A jury of seven men and one woman began deliberating Friday in the trial over the technology used by Google Earth to render high-resolution images of the earth, which a German tech company said infringes its patent.

  • May 27, 2016

    InterDigital Continues Fight For Quick Appeal In SEP Suit

    InterDigital continued its push to immediately appeal a ruling that kept alive Microsoft's antitrust case over licensing terms for standard-essential patents, telling a Delaware federal judge Thursday that the requested appeal would be efficient and worthwhile.

  • May 27, 2016

    Thermo Fisher To Pay $4.2B For Microscope Maker FEI

    Applied sciences giant Thermo Fisher Scientific said Friday it will buy electron microscope maker FEI Co. in a $4.2 billion cash deal it says will be a boon to its structural biology segment.

  • May 26, 2016

    Thiel's Gawker Crusade Belies Business Of Litigation Funding

    Paypal co-founder Peter Thiel's admission this week that he secretly bankrolled Hulk Hogan's sex-tape lawsuit against Gawker has thrown a spotlight onto third-party litigation funding, though industry experts say the billionaire's personally motivated patronage differs dramatically from how the business typically operates.

  • May 26, 2016

    Sens. Move To Set Limits On Feds' Overseas Data Demands

    A bipartisan trio of senators on Wednesday took another stab at clearing up the debate over the U.S. government's ability to access user data stored abroad by rolling out a revamped legislative proposal that would establish a blanket warrant requirement and reform the process for cooperating with foreign governments on such demands.

  • May 26, 2016

    IPhone Users Lose Bid For 9th Circ. Rehearing Of Siri Suit

    The Ninth Circuit on Thursday refused to reconsider a finding that customer complaints about the powers of Siri, the iPhone's speech-recognition agent, were too vague to sustain a class action.

  • May 26, 2016

    Microsoft Warrant Row Unaltered By EU Regs, 2nd Circ. Told

    The U.S. government says Microsoft is wrong to suggest that the European Union’s recent passage of sweeping data protection reforms has any bearing on a hotly contested Second Circuit dispute over whether the government can use a search warrant to access consumer data stored overseas.

  • May 26, 2016

    Gas Sensor Co. Says It's Owed More Fees In Award Dispute

    A company that sells gas sensors for semiconductor manufacturing asked a New York federal judge on Thursday to award attorneys' fees from its successful bid to confirm an $8.35 million arbitral award plus interest, issued in a dispute over an asset purchase agreement, saying it’s entitled to fees stemming from the instant proceedings.

  • May 26, 2016

    Toshiba Fights Class Cert. Bid In Lithium-Ion Battery MDL

    Toshiba Corp. blasted a class certification bid in multidistrict litigation in California federal court accusing it and others, including Samsung, Maxell and Sony, of fixing prices on lithium-ion battery cells, saying an expert falsely determined the entire putative class was harmed.

  • May 26, 2016

    ACLU Wants Piece Of Microsoft Fight Over Gov't Gag Orders

    The American Civil Liberties Union on Thursday asked a Washington state federal court for permission to join Microsoft’s challenge to the constitutionality of gag orders that prevent service providers from telling their customers about law enforcement demands for access to user data, arguing that this may be the group's only opportunity to mount such a fight.

  • May 26, 2016

    Senate Committee Again Postpones Vote On E-Privacy Reform

    The Senate Judiciary Committee on Thursday again held off on advancing legislation that would amend the Electronic Communications Privacy Act, electing instead to take time to sort through a flurry of amendments that would ease some restrictions on how the government can access data and what services providers can say about these demands.

  • May 26, 2016

    Privacy Group Blasts Gov't's Job Applicant Data Policies

    The federal government’s proposed changes to how it collects public trust job applicants’ data in the wake of a massive privacy breach does more harm than good, the nonprofit Electronic Privacy Information Center said Tuesday, urging the government to only collect information it can protect.

  • May 26, 2016

    EU Lawmakers Push For Negotiations In Privacy Shield Deal

    European Union lawmakers are urging the European Commission to work with the U.S. to fix “deficiencies” in the new trans-Atlantic “Privacy Shield” data transfer deal reached in February, calling it a substantial improvement from the last pact, but questioning U.S. authorities’ access to Europeans’ data.

Expert Analysis

  • Behind The Curtain: Technical Advisers In Complex Cases

    Christopher S. Finnerty

    During complex litigation, litigants often retain consulting experts to help them understand any intricate aspects of social and natural sciences present in a case, but the federal rules provide no such mechanism for the presiding judge. That is where technical advisers come in, say attorneys at K&L Gates LLP.

  • Driven By Abstraction: Flaws In USPTO, Court 101 Analyses

    Mac Waldbaum

    The Federal Circuit's recent comments in Enfish v. Microsoft are not helpful to understanding the meaning of an "abstract idea.” The U.S. Patent and Trademark Office and the courts are dismantling some of our country’s most important advances and innovations by manipulating basic definitions of rights given inventors under Section 101, says Mac Waldbaum of Eaton & Van Winkle LLP.

  • How To Prepare Your Employees For Litigation Discovery

    Charles N. McGee III

    The discovery process can be stressful and nerve-wracking for a company’s employees. Their reactions can vary tremendously and the effects are often overlooked by general counsels. Keeping your employees informed and educated prior to and during a collection or preservation hold can help to minimize disruption, maintain productivity and help discovery budgets stay in line with projections, say attorneys at Murphy & McGonigle PC.

  • 5 Tips For Negotiating And Drafting Joint E-Discovery Plans

    Anthony J. Rospert

    Courts often require parties to develop a joint e-discovery plan. But even when they are not court-imposed, parties should consider using joint e-discovery plans to promote transparency and streamline the discovery process, say Anthony Rospert and Jake Evans of Thompson Hine LLP.

  • Commil V. Cisco — 1 Year Later

    Elizabeth Banzhoff

    On May 26, 2015, the U.S. Supreme Court issued its opinion in Commil v. Cisco, effectively killing the practice of obtaining invalidity opinion letters in the context of induced infringement claims. Over the last year, federal courts and litigants have done little to challenge the ruling or test its boundaries, say Elizabeth Banzhoff and Amanda Tessar of Perkins Coie LLP.

  • And Now A Word From The Panel: A 21st Century MDL

    Alan E. Rothman

    In honor of our 21st installment of "And Now A Word From The Panel," this month’s column will address a burgeoning category of cases subject to multidistrict litigations during the 21st century — cyber MDLs, or more specifically, cases arising from an alleged data privacy breach, says Alan Rothman of Kaye Scholer LLP.

  • Spotlight On Spokeo: A Deeply Gratifying Result

    Neil Richards

    Rather than being the end of consumer protection lawsuits, the U.S. Supreme Court's Spokeo v. Robins opinion offers Congress a green light to give consumers the rights they need to protect their privacy and other digital rights. This is exactly the result Spokeo was most likely dreading, says professor Neil Richards of Washington University School of Law.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • The Evolution Of SOX: A Powerful Remedy For Retaliation

    Jason Zuckerman

    The Fourth Circuit's decision in Deltek Inc. v. U.S. Department of Labor is notable for its contribution to the Sarbanes-Oxley Act's expansion into a strong antidote against retaliation. Deltek and other recent SOX decisions indicate that SOX is a potent solution and that retaliation against a whistleblower can be quite expensive for a company, says Jason Zuckerman, principal at Zuckerman Law.

  • Spotlight On Spokeo: A Win For Consumers

    Nicholas R. Diamand

    Our friends in the defense bar, still smarting from the outcomes in Campbell-Ewald and Tyson Foods, have already begun to try to spin Spokeo as creating new limits on class actions. But the U.S. Supreme Court's opinion, in a sure-to-be-cited footnote, expressly said that whether a case is a class action “adds nothing to the question of standing,” say Nicholas Diamand and Andrew Kaufman of Lieff Cabraser Heimann & Bernstein LLP.