• December 2, 2016

    5 Insights From Airbus Group's Joshua Walker

    Technology so quickly outpaces regulation, and it’s imperative governments at every level find that sweet spot where the public is reasonably protected but innovation isn’t stifled. If the U.S. doesn’t get this balance right, other governments will, says Joshua Walker, general counsel and project executive for A3 by Airbus Group.

  • December 1, 2016

    New Warrant Power Amplifies Need For Strong Data Security

    A rule change that allows courts to issue broader warrants for access to electronic communications took effect Thursday amid concerns that the measure will invite law enforcement snooping in the name of pursuing hackers, turning up pressure on companies not to fall prey to the types of cyberattacks that invite prying eyes.

  • December 1, 2016

    DoCoMo Says $1.2B Tata Arbitration Tiff Can Be Heard In NY

    Japanese cellphone company NTT DoCoMo Inc. asked a New York federal judge Wednesday to dispense with Tata Sons Ltd.’s jurisdictional objections to its petition to confirm a $1.17 billion arbitration award, saying there’s no question the Indian conglomerate has sufficient ties to the Empire State.

  • December 1, 2016

    Facebook's Patent Indefiniteness Win Stays Put

    A Massachusetts federal judge refused Thursday to reconsider his finding that two claims in a patent asserted against Facebook Inc. were invalid as indefinite, saying the claims were not tied to a specific algorithm that gives instructions for how to perform their software functions.

  • December 1, 2016

    Tesla Shareholder Prepared For Trial On Records Demand

    A shareholder of Tesla Motors Inc. said Thursday that a trial scheduled for next week in Delaware would not require any witness testimony, explaining he will rely on pretrial briefing to make an argument to inspect the company’s corporate books and records.

  • December 1, 2016

    FCC Warned To Act Now On Open Internet Transparency Relief

    The Federal Communications Commission must extend relief for small businesses from heightened transparency rules in the 2015 Open Internet Order that will otherwise expire on Dec. 15, four trade associations have told the agency, saying they will otherwise face unnecessary obligations.

  • December 1, 2016

    Deals Rumor Mill: McDonald's, Rockwell Collins,

    A group led by Carlyle and Citic will pay up to $3 billion for McDonald's stores in China and Hong Kong, Starboard intends to disrupt Rockwell Collins' $6.4 billion B/E Aerospace acquisition, and, worth more than $1 billion, could go public in the back half of 2017.

  • December 1, 2016

    Feds Bum-Rush Int'l Cybercrime Syndicate

    The U.S. Department of Justice, the FBI and a Pennsylvania federal prosecutor revealed Thursday that they have begun taking down an international cybercrime network known as Avalanche, the second major enforcement effort against cybercriminals spearheaded by the partnership.

  • December 1, 2016

    Nortel Ch. 11 Disclosure Cleared For $7.3B Bankruptcy Plan

    Nortel Networks Inc. won approvals Thursday for a long-delayed disclosure and confirmation schedule for the American share of a $7.3 billion global bankruptcy distribution, over muted objections in Delaware from the Pension Benefit Guarantee Corp. and a handful of other creditors.

  • December 1, 2016

    Verizon Hit With IP Suit Over 4G LTE Network Tech

    The owner of a portfolio of former SkyTel intellectual property Wednesday accused Verizon Wireless of unlawfully using its patented technology to support the mobile company’s 4G LTE networks in Texas federal court.

  • December 1, 2016

    Quantlab Must Name $12.2M Trade Secret, 5th Circ. Told

    A founder of a stock trading firm that was ordered to pay $12.2 million for taking source code from rival Quantlab Technologies Ltd. has told the Fifth Circuit that his defense was disadvantaged because he didn’t know what trade secrets he was accused of stealing.

  • December 1, 2016

    GAO Says It Lacks Authority Over Protest Of IT Task Order

    The U.S. Government Accountability Office on Wednesday rejected a company's protest over the U.S. General Services Administration's decision to award a competitor a task order to provide IT services to the Department of Defense, finding it didn't have jurisdiction to hear a dispute over a civilian task order.

  • December 1, 2016

    Retailers Face Patent Suits Over Mobile Web GPS Feature

    A patent holder launched a number of lawsuits in Texas federal court on Wednesday against retailers including Bridgestone Americas Tire Operations LLC., Home Depot Inc. and Nordstrom Inc., accusing the companies of infringing its technology for accessing pinpointed store locations using smartphone or tablet GPS features.

  • December 1, 2016

    European Commission To Nix VAT Exemption For Online Sales

    The European Commission is proposing an overhaul of its antiquated value-added tax system so that certain online sales from countries outside the European Union will no longer be exempt from the tax, and to reduce compliance costs for small online retailers, the EC announced Thursday.

  • November 30, 2016

    Cisco Presses Arista Execs On Interface Choice At IP Trial

    Cisco Systems Inc. grilled Arista Networks Inc. executives Wednesday during the third day of their intellectual property trial on why Arista chose to use Cisco's command-line interface to create its popular computer networking switch products, raising questions about a practice Cisco says infringed its copyrights and a patent.

  • November 30, 2016

    Microsoft, Enfish Can't Shake PTAB Rulings At Fed. Circ.

    A Federal Circuit panel on Wednesday affirmed a series of Patent Trial and Appeal Board decisions stemming from Microsoft Corp.’s push to invalidate Enfish LLC’s database technology patents, finding that the board correctly rejected some challenges while granting others.

  • November 30, 2016

    UK's Spying Bill Complicates Fate Of Data Transfer Deals

    A controversial British surveillance bill that requires telecoms to retain records like user browser history for a full year cleared its final hurdle Tuesday, teeing up an almost certain court battle over the breadth of the act's data retention mandate and throwing another wrench into efforts by the U.K. to hammer out international data transfer deals independent of the European Union.

  • November 30, 2016

    Xitronix Wants Fed. Circ. To Rethink Patent Antitrust Claim

    Xitronix Corp. on Tuesday asked the Federal Circuit to give new life to an antitrust claim in a long-running patent battle with KLA-Tencor Corp. over advanced measurement systems for semiconductors, arguing the U.S. Patent and Trademark Office didn’t “do its job” when it issued KLA a continuation patent.

  • November 30, 2016

    Alcatel Beats Back Suit Over $1.2B Pension Transfer

    Alcatel-Lucent USA Inc. scored a quick win Wednesday in a suit brought by two unions and several former employees challenging the company’s decision to shift about $1.2 billion between pension plans, with a New Jersey federal judge ruling that neither the workers nor the unions could show they suffered a concrete injury.

  • November 30, 2016

    USTelecom Wants Rural Subsidies Fully Funded

    USTelecom is pressing the Federal Communications Commission to fully fund subsidies for rural telecommunications, including one that's experienced far more demand than anticipated, according to an ex parte filing Wednesday, arguing more money would help ensure “maximum broadband deployment.”

Expert Analysis

  • Rakoff Addresses Tippee Liability In SEC V. Payton

    Jonathan E. Richman

    U.S. District Judge Jed Rakoff in U.S. Securities and Exchange Commission v. Payton recently denied a new trial for two remote tippees found guilty of insider trading. An interesting aspect of the decision is the court’s treatment of whether the tippees knew or should have known that the tipper had breached his duty of confidentiality in exchange for a personal benefit, says Jonathan Richman of Proskauer Rose LLP.

  • Defense IR&D Policy Shift Is Unnecessary, Counterproductive

    Tom Lemmer

    The proposed U.S. Department of Defense policy change regarding independent research and development is particularly shortsighted, in an era of declining budgets and a continuing desire to maintain technological superiority, because it likely will create disincentives for technology developers to innovate, and ultimately will increase DOD acquisition costs, say Thomas Lemmer and Gale Monahan of Dentons.

  • Energy Policy In The Trump Era: Part 1

    Christopher Carr

    President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment, and climate change. In the first of a two-part series, Christopher Carr and Robert Fleishman of Morrison & Foerster LLP consider the incoming administration's plans on infrastructure, natural gas, oil and coal, as well as clean and renewable energy.

  • Payala V. Wipro Offers Effective Class Litigation Strategy

    John Skousen

    The Central District of California case of Payala v. Wipro Technologies recently addressed the issue of whether the administrative exemption applies to certain information technology administrators. Plaintiff attorneys often attempt to amalgamate IT jobs into one class action, but can face significant difficulties when seeking class certification, says John Skousen of Fisher & Phillips LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • Comparing Patent Quality At The USPTO And EPO

    Colleen Chien

    In this latest article in an ongoing series on patent quality, Professor Colleen Chien of Santa Clara University School of Law and Professor Jay Kesan of University of Illinois College of Law provide a snapshot of comparative patent inputs, processes and outcomes at the European Patent Office and U.S. Patent and Trademark Office.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • Preparing For A Ransomware Attack

    Darren S. Teshima

    Ransomware attacks, which use malware to hold victims' files to ransom, have been on the rise in recent years. Companies should adopt the multifaceted preparation strategy recommended by the FBI, and obtain proper cyberinsurance, say Darren Teshima and Aravind Swaminathan of Orrick Herrington & Sutcliffe LLP.

  • Do Big Data Analytics Hinder Workplace Diversity?

    Judith Biggs

    As more and more employers use new analytical tools for recruiting and hiring, the potential exists for employment decisions to become more fair, objective and unbiased. However, the U.S. Equal Employment Opportunity Commission is exploring whether the use of big data and technology-driven decision-making could disfavor candidates who lack a robust digital footprint, says Judith Biggs of Holland & Hart LLP.

  • A Warning On Bitcoin Tax Compliance For The IRS

    Leslie Book

    Virtual currencies bring special challenges for tax administrators around the world, but the IRS and Congress have not focused sufficient energy on some of the issues associated with their use. That, at least, is the message in a report issued in September by the Treasury Inspector General for Tax Administration, says Leslie Book of the Villanova University School of Law.