Technology

  • April 1, 2015

    Calif. Verizon-Unit Managers Near Loss In OT Cert. Bid

    A California judge on Wednesday tentatively refused to certify a putative class of about 300 managers in their consolidated wage-and-hour suit against a unit of Verizon Wireless, saying the court might have to look at how each individual store and kiosk manager spent their time.

  • April 1, 2015

    Judge Won’t Move IP Case Against Amazon, Samsung

    A Texas federal judge on Tuesday denied a bid by several tech titans to move a patent infringement case filed by ContentGuard Holdings Inc. to California, ruling Amazon.com Inc., Samsung Electronics America Inc. and others failed to show that would be a more convenient venue.

  • April 1, 2015

    Wis. Fed. Judge Toses Most Claims in Blu-Ray Buyer's Case

    A Wisconsin federal judge on Wednesday tossed most of a proposed class action against LG Electronics Inc. by a consumer alleging it conspired to sell Blu-Ray players bundled with obsolete and discontinued software, leaving only a state law deceptive trade practices claim.

  • April 1, 2015

    Stronger Economy Means More H-1B Petitions For 85K Slots

    Attorneys say they handled a larger number of H-1B applications for skilled foreign workers this year due to a more robust economy, foreshadowing disappointment for many visa hopefuls later this month and signaling the need for immigration reform to boost the current 85,000 cap.

  • April 1, 2015

    AT&T Sues Ex-Project Manager Over Kickback Scheme

    AT&T Corp. on Tuesday sued one of its former project managers in Texas state court, alleging he had systematically bilked the company of hundreds of thousands of dollars in a vendor kickback scheme.

  • April 1, 2015

    CaptionCall Says PTAB Ruling Nixes $44M Verdict

    CaptionCall LLC urged a federal judge on Tuesday to enter judgment in its favor, after several telephone closed-captioning patents it was ordered to pay $44 million for infringing were found invalid by the Patent Trial and Appeal Board, citing the U.S. Supreme Court's recent B&B Hardware trademark ruling.

  • April 1, 2015

    Obama's Innovative Cyber Sanctions Send Strong Message

    The White House's enactment of a new sanctions program targeting digital intruders is an unprecedented move that experts see as emblematic of the administration's commitment to cybersecurity, and serves as a substantial shot across the bow to nations harboring cyber criminals.

  • April 1, 2015

    Baker & McKenzie, Yahoo Deny Corruption In $2.7B Reversal

    Baker & McKenzie LLP and Yahoo Inc. told a New York federal judge Tuesday that a suit brought by two Mexico-based yellow page listing companies accusing them of conspiring to pervert the Mexican criminal justice system to win the reversal of a $2.75 billion judgment in a contract case is “divorced from reality.”

  • April 1, 2015

    Deals Rumor Mill: Didi Dache-Kuaidi, Focus Media, Holcim

    U.S. hedge funds may value Chinese taxi-hailing app startup Didi Dache-Kuaidi Dache at as much as $8.75 billion, while Focus Media is gearing up to list on the Chinese A-share market by way of a reverse merger that could raise up to $1.5 billion.

  • April 1, 2015

    Fed. Circ. Says It Can't Hear JPMorgan Case Over AIA Stay

    The Federal Circuit ruled Wednesday that it lacked jurisdiction to hear an appeal by JPMorgan Chase & Co. of a district judge's decision not to stay a cybersecurity patent case brought by Intellectual Ventures Management LLC after JPMorgan said it would challenge the patents under the America Invents Act.

  • April 1, 2015

    Osler Guides Mitel Stock Offering To Back $560M Mavenir Buy

    Telecom services provider Mitel Networks Corp. filed Wednesday to offer $218.6 million in common stock to back its $560 million cash and stock acquisition of Mavenir Systems Inc., in an offering steered by Osler Hoskin & Harcourt LLP.

  • April 1, 2015

    Title II Kills Broadband Challenges, FCC Tells High Court

    The Federal Communications Commission has urged the Supreme Court to reject subsidized rural telephone service providers’ bid to nix requirements to invest in broadband technology, saying in a brief released Tuesday the agency’s new power in the Internet realm allows the rules.

  • April 1, 2015

    Judge Slams Prosecutors As Goldman IP Theft Trial Opens

    A peeved New York state judge began hearing trial motions Wednesday in the criminal case against former Goldman Sachs Group Inc. programmer Sergey Aleynikov, who is accused of stealing the megabank’s computer code, after scolding a stalling prosecutor for trying to push off the closely watched proceedings.

  • April 1, 2015

    Google, Microsoft Get Targeted-Ad IP Nixed In AIA Review

    The Patent Trial and Appeal Board on Tuesday upheld America Invents Act challenges by Microsoft Corp., Google Inc. Facebook Inc. and others to the validity of a patent held by B.E. Technology LLC that covers personalized advertising, saying they adequately showed the challenged claims were invalid.

  • April 1, 2015

    ACLU Denied NSA Surveillance Records In FOIA Case

    A New York federal judge on Tuesday denied the American Civil Liberties Union's bid for access to records of the National Security Agency's controversial data-gathering program, finding that granting the Freedom of Information Act request could threaten national security. 

  • April 1, 2015

    DLA Piper Snags Venture Capitalist To Grow Calif. Offices

    DLA Piper has recruited a corporate partner experienced in managing investments for technology-focused Granite Ventures, where he worked for 13 years after a prior stint as partner for DLA Piper predecessor Gray Cary, bolstering the law firm’s Silicon Valley and San Francisco offices.

  • April 1, 2015

    AMD Can't Escape Securities Suit Over Chip Launch

    A California federal judge refused Tuesday to dismiss allegations that chipmaker Advanced Micro Devices Inc. concealed catastrophically low yields of a vaunted new chip, saying the class of investor plaintiffs made a “strongly persuasive” case for all of its claims — even bad faith by company executives.

  • April 1, 2015

    Real Estate Rumor Mill: Sterling, Alibaba & Bank of China

    Sterling Bay Cos. is said to have struck a $305 million deal to sell a Chicago office building filled with tech tenants to J.P. Morgan Asset Management, while e-commerce giant Alibaba Group Holding Ltd. is reportedly considering opening a U.S. base in Seattle and Bank of China Ltd. is said to be planning to lease most of Manhattan skyscraper it has agreed to buy and move into.

  • April 1, 2015

    ITC Says Microsoft Claims Against CBP Should Be Dropped

    A D.C. federal judge on Tuesday approved the U.S. International Trade Commission’s request to file an amicus brief urging the dismissal of a suit alleging U.S. Customs and Border Patrol allowed Motorola Mobility LLC to import mobile devices that infringe Microsoft Corp. patents.

  • April 1, 2015

    White House Opens Door For Cybersecurity Sanctions

    President Barack Obama on Wednesday handed down an executive order establishing a new sanctions regime that enables the administration to level harsh penalties against individuals overseas who carry out “malicious” cyberspace attacks that threaten crucial U.S. national security and economic interests.

Expert Analysis

  • So Your H-1B Petition Is Not Selected — What Now?

    Elizabeth Espín Stern

    Employers rejected in the H-1B visa lottery have several other options to fill critical positions. Until our government expands the pool of visas in the H-1B category to more realistically serve the American economy, these alternatives will remain an important part of the visa menu for U.S. employers, say Mayer Brown LLP partners Elizabeth Espín Stern and Paul Virtue, former general counsel of the U.S. Immigration and Naturalization Service.

  • Ethics In The Tech Age: What Every Lawyer Should Consider

    J.S. “Chris” Christie Jr.

    In light of recent changes to the ABA Model Rules of Professional Conduct, what are a lawyer’s ethical duties arising from new technology? And what should a lawyer know about this technology? Bradley Arant Boult Cummings LLP partner J.S. “Chris” Christie Jr. offers an in-depth assessment of what every lawyer should consider in 2015.

  • It's A Bird, It's A Plane, It's Drone Product Liability!

    Francis P. Manchisi

    While no uniform federal standards to date have been set on drones, their user interface needs to reduce the possibility of plaintiffs claiming defective design of control systems. Plaintiffs may also claim breaches of the implied warranty of merchantability or fitness, say Francis Manchisi and Danny Vogel of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • 3 Lingering Questions After China’s Qualcomm Ruling

    Lipeng Mei

    China’s National Development and Reform Commission recently stated that it was unreasonable that Qualcomm Inc. did not provide a list of licensed patents to licensees. In theory, this makes perfect sense. In practice, however, there are many obstacles for a licensor with a large patent portfolio to strictly comply with the ruling, say Lipeng Mei, an anti-monopoly enforcement official with the Chinese government, and Lei Mei of Mei & Mark LLP.

  • Delving Into FCC's 'Damn Important' Cybersecurity Report

    David S. Turetsky

    While the Federal Communications Commission's guidance in the Communications Security Reliability and Interoperability Council's report is vitally important for communications companies, it will also prove relevant for any company making use of the National Institute of Standards and Technology's Framework for Improving Critical Infrastructure Cybersecurity to help manage cybersecurity risks, say attorneys at Akin Gump Strauss Hauer & Feld LLP.

  • Ride App Class Actions May Impact 1099 Business Model

    Richard J. Reibstein

    The separate decisions by federal judges in class actions against Uber Technologies Inc. and Lyft Inc. to permit juries to decide whether the companies' drivers are employees or independent contractors may have far-reaching implications for companies that use a 1099 business model and fail to properly structure and document independent contractor relationships, say attorneys at Pepper Hamilton LLP.

  • Mediation And The Thorny Issue Of Settlement Authority

    Douglas H. Flaum

    Many mediation orders state that attendees must have “full settlement authority” without providing clarity as to what that term actually means. Attendance by just outside counsel or a corporate spokesperson is not enough, even if someone else with full settlement authority is just a phone call or keystroke away, say Douglas Flaum and Kevin Broughel of Paul Hastings LLP.

  • BMC Software May Be Good News For Taxpayers

    S. Eric Wang

    For companies that have agreed to adverse transfer pricing adjustments in the year of the one-time dividends-received deduction under Section 965, the pending status of BMC Software Inc. v. Commissioner has chilled the prospect of creating receivables like BMC's. But taxpayers can be cautiously optimistic that the Fifth Circuit’s decision in the case will eventually resolve this issue favorably, say attorneys with Sullivan & Cromwell LLP.

  • FTC’s Nonpublic Investigations Aren't Always Nonpublic

    Joe Ostoyich

    The Federal Trade Commission is required to preserve the confidentiality of the existence of its investigations and all of the company information and witness testimony obtained during its investigations. Yet a detailed internal report of the FTC staff’s investigation of Google Inc. for antitrust violations recently became front-page news. And unfortunately this disclosure was not an isolated occurrence, say attorneys with Baker Botts LLP.

  • Dividing CERCLA Site Just Won't Cut It On Liability

    Marc A. Zeppetello

    Appvion Inc. v. P.H. Glatfelter Co. confirms that a potentially responsible party cannot escape Comprehensive Environmental Response, Compensation, and Liability Act liability based on the U.S. Environmental Protection Agency dividing a site into operable units, says Marc Zeppetello of Barg Coffin Lewis & Trapp LLP.