• August 29, 2014

    Order On Microsoft Customer Emails Warrant Back In Play

    A New York federal judge lifted a stay on an order that Microsoft Corp. produce customer emails stored on a company server located overseas, ruling Friday that the order, which stems from a narcotics trafficking probe, wasn't final and therefore wasn't subject to appellate review.

  • August 29, 2014

    Verizon Whistleblower Seeks High Court Review Of FCA Suit

    A whistleblower who twice sued Verizon Communications Inc. under the False Claims Act for allegedly fraudulent billing practices asked the U.S. Supreme Court to consider a lower court’s dismissal of his second suit under the first-to-file bar provision, citing a circuit split and a dissent from D.C. Circuit Judge Sri Srinivasan.

  • August 29, 2014

    EBay’s $4M Deal In Calif.’s No-Poach Case Wins Judge’s OK

    A California federal judge granted preliminary approval Friday to eBay Inc.’s $3.75 million settlement in state prosecutors’ case over eBay’s anti-competitive agreement not to poach Intuit Inc.’s workers, a sibling to the recently rejected $324.5 million class action deal between tech giants and Bay Area engineers.

  • August 29, 2014

    Australia Sues Valve Over Online Video Game Return Policy

    Australian regulators said Friday that they are suing video game developer and distributor Valve Corp., saying the company's refusal to grant refunds for games sold through its online distribution platform, known as Steam, and other policies violate the country's consumer protection laws.

  • August 29, 2014

    9th Circ. Boots Oracle's Bid For $1.3B In SAP Software Suit

    The Ninth Circuit on Friday ruled that Oracle Corp. can accept $356 million from SAP AG for infringing Oracle's software copyrights or head to a new trial on damages but can't reinstate the $1.3 billion awarded by the jury in the case.

  • August 29, 2014

    WTO Dispute Roundup: Rare Earth, Energy Rows Cool Down

    In Law360's latest rundown of the World Trade Organization's Dispute Settlement Body proceedings, members adopt reports faulting China's rare earth elements export barriers, Canada takes steps to settle a dispute over its green energy subsidies, and Antigua seeks peace in a years-long online gambling fight.

  • August 29, 2014

    Google Needn't Reveal Blogger's Identity: Texas High Court

    A divided Texas Supreme Court on Friday freed Google Inc. from having to unmask an anonymous blogger accused of defaming The Reynolds & Reynolds Co., finding that a lower court lacks personal jurisdiction over the blogger and can't order presuit discovery.

  • August 29, 2014

    Infineon's $3B Buy Of Chipmaker Sparks Shareholder Suits

    Shareholders of California-based chipmaker International Rectifier Corp. this week filed two putative class actions in California court over its proposed $3 billion acquisition by the German semiconductor giant Infineon Technologies AG, saying the transaction undervalues International Rectifier.

  • August 29, 2014

    Attys Snag Arbitration Award From Failed Malpractice Claim

    San Francisco Bay Area-based Walsh Law Firm and Ramsey Law Group on Thursday collectively won about $400,000 in arbitration from an Atlanta data infrastructure company, which the arbitrator said had engaged in “Monday-morning quarterbacking” when it tried to get out of a settlement with AT&T.

  • August 29, 2014

    Dalian Forms $814M JV For Edge In China's E-Commerce Field

    Real estate, entertainment and retail conglomerate Dalian Wanda Group has signed a deal with Baidu and Tencent, two of the largest Web services companies in China, to create a $814 million joint venture as rival Alibaba Group Holding Ltd. ramps up to issue its initial public offering.

  • August 29, 2014

    Google's $8.5M Privacy Deal Fails ‘Smell Test,’ Judge Says

    A California federal judge said Friday he’d likely reject Google Inc.’s $8.5 million settlement in a class action claiming the tech giant illegally divulged search data, saying the fact most of the money would go to charities Google already supports “doesn’t pass the smell test.”

  • August 29, 2014

    Ex-FCC Boss Among 6 Named To Intelligence Advisory Board

    President Barack Obama on Thursday named former Federal Communications Commission chairman Julius Genachowski as one of six appointees to an independent body overseeing the U.S. intelligence community.

  • August 29, 2014

    Ericsson, IBM Hit Intellectual Ventures In AIA Petitions

    Ericsson Inc. and IBM Corp. urged the Patent Trial and Appeal Board Thursday to scrutinize more patents owned by major patent licensing firm Intellectual Ventures Management LLC, filing separate America Invents Act review petitions challenging patents on 4G LTE and web security technology.

  • August 29, 2014

    Microsoft Asks High Court To Reject Antitrust Suit

    Microsoft Corp. has asked the U.S. Supreme Court to reject a request to revive a $1 billion antitrust suit brought against it by PC-sharing software maker MiniFrame Ltd., arguing the Second Circuit properly tossed the suit by treating the allegations as a refusal to deal claim.

  • August 29, 2014

    Apple To Bring Denial Of Samsung Injunction To Fed. Circ.

    Apple Inc. said Friday that it would appeal to the Federal Circuit a California federal judge's refusal to permanently ban Samsung Electronics Co. Ltd. from selling several mobile phones and tablets that a jury recently found infringed Apple’s patents.

  • August 29, 2014

    Dealmakers Q&A: Davis Wright's Sean McCann

    The most impressive transactional professionals I’ve practiced with have a deep understanding of what matters to the parties on the other side of the table, well beyond what may be communicated in a term sheet or markup, says Sean McCann of Davis Wright Tremaine LLP.

  • August 28, 2014

    Ford, IBM Win Dismissal Of Apartheid Abuse Suits

    Ford Motor Co. and IBM Corp. won dismissal Thursday of long-running suits alleging they aided and abetted apartheid-era South Africa by selling its government military vehicles and computers, with a New York federal judge ruling that they can't be sued in the U.S. over actions by their subsidiaries abroad.

  • August 28, 2014

    More Deals Expected This Fall As Economy Pushes M&A Surge

    The surge in mergers and acquisitions activity over the first half of the year is expected to continue into the fall, with more deals expected in the health care and telecommunications sectors, M&A attorneys say.

  • August 28, 2014

    WildTangent Says Alice Ruling Dooms Ultramercial Ad Patent

    The U.S. Supreme Court's Alice Corp. ruling barring patents on computer-implemented abstract ideas means that Ultramercial Inc.'s patent on online advertising technology is invalid, accused infringer WildTangent Inc. told the Federal Circuit on Wednesday.

  • August 28, 2014

    T-Mobile Seeks 2nd Shot At Axing $7M Verdict In Race Car Row

    T-Mobile USA on Wednesday petitioned the Third Circuit for an en banc hearing after an appellate panel affirmed a $7 million judgment for an automotive racing team in a breach of contract suit and opened the door for a decision that could double the award.

Expert Analysis

  • Distracted Driving: Technology As A Double-Edged Sword

    Joshua L. Becker

    Vehicle manufacturers and lawmakers alike have been making efforts to reduce the number of automobile accidents caused by distracted driving. Interestingly, technology can both contribute to distracted driving and offer solutions that help mitigate it, say Joshua Becker and Bradley Strickland of Alston & Bird LLP.

  • 5 Reasons Large Companies Are Turning To Boutique Firms

    David M. Levine

    The departure of attorneys from large firms is a trend that has increased as a result of the Great Recession and its aftermath, and boutique firm partners who previously worked at large firms understand the potential large-firm pitfalls, say attorneys with Levine Kellogg Lehman Schneider & Grossman LLP.

  • How To Protect In-House Legal Privilege Internationally

    Martje Verhoeven-de Vries Lentsch

    Many companies regularly communicate with in-house legal advisers all over the globe. Are these communications privileged? By answering five questions, companies and attorneys can perform a high-level, initial assessment of legal privilege protection in a multijurisdictional context, says Martje Verhoeven-de Vries Lentsch of De Brauw Blackstone Westbroek and Haynes and Boone LLP.

  • Perils Of Communicating With Customers By Phone Or Text

    Given the large number of calls that can be made electronically, damages for Telephone Consumer Protection Act violations can run into the millions. In this short video, Sutherland partner Lewis Wiener discusses the TCPA and how businesses that communicate with customers by phone or text may be impacted.

  • The 8 Gotchas Of Technology Contracting: Part 2

     Craig Auge

    Contracts for providing and obtaining technology establish important, often long-term relationships. When they involve mission-critical products and services, the impact of a flawed contract can be devastating, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • The 8 Gotchas Of Technology Contracting: Part 1

    Craig Auge

    Every business runs at least in part on technology — and, when contracting for technology products and services, the “gotchas” don’t discriminate based on size or industry. All parties can benefit from avoiding these situations, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • Tax-Free REIT Spinoffs Could Be The Next Big Thing

    Thomas A. Humphreys

    Windstream Holdings Inc.’s recent tax-free real estate investment trust spinoff highlights an intriguing option for U.S. corporations — particularly those in the technology, telecommunications or utility sector — as the IRS continues to expand the range of “real estate” assets that can be held by an REIT, say Thomas Humphreys and Matthew Lau of Morrison & Foerster LLP.

  • 4 Trends In FTC Antitrust Regulation And Enforcement

    Leslie John

    The Federal Trade Commission has increasingly challenged conditional pricing practices, but without articulating a bright-line rule. Practitioners should always consider whether the economic realities of a client’s industry lends itself to one analysis over the other, say attorneys with Ballard Spahr LLP.

  • 9th Circ. Is Stuck In The '90s On Internet Terms Of Use

    Katherine Gasztonyi

    The Ninth Circuit's recent decision in Nguyen v. Barnes & Noble Inc. relies on the assumption that people don’t know about the existence of website terms of use. That might have made sense in, say, 1996, but this is simply no longer the case, say attorneys with Covington & Burling LLP.

  • Solvency Drives Dismissal Of Fraudulent Transfer Suit

    Michael L. Cook

    In U.S. Bank National Association v. Verizon Communications, the Fifth Circuit found competing valuations helpful in dismissing a litigation trustee’s $2.5 billion fraudulent transfer suit against a Chapter 11 debtor’s corporate parent. An adversarial system, therefore, not ideology, worked for the defendants, says Michael Cook of Schulte Roth & Zabel LLP.