• March 30, 2015

    Pao’s Defeat To Chill Sex Bias Claims In Tech Industry

    Ellen Pao’s high-profile loss in her $100 million gender discrimination battle against former employer Kleiner Perkins Caufield & Byers LLC is likely to deter other female professionals from sticking their necks out and waging similar fights against venture capital firms and technology companies, lawyers say.

  • March 30, 2015

    DH Buys Banking Software Co. Fundtech In $1.25B Cash Deal

    Canadian financial technology provider DH Corp. will shell out $1.25 billion in cash to buy Fundtech Ltd. — which sells payments and transaction banking software — from private equity firm GTCR, the companies said in Monday statements.

  • March 30, 2015

    Sprint Pays $131M To Hang Up On Nextel Merger Suit

    Sprint Nextel Corp. agreed Monday to pay $131 million to settle a shareholder class action against the company and several former top executives over stock losses investors allegedly suffered during the company’s $37.8 billion merger with Nextel in 2005.

  • March 30, 2015

    Teva Rescues CardSoft's $15M Patent Win, High Court Told

    CardSoft LLC has urged the nation's highest court to review a Federal Circuit decision vacating the company's $15.4 million win in a patent suit against payment terminal maker VeriFone Inc., saying that under the Teva standard the appeals court should not have based the outcome on a new claim construction.

  • March 30, 2015

    IP Owners Urge ICANN To Stop 'Predatory' .SUCKS Domain

    Intellectual property owners made a final effort Friday to get the Internet Corporation for Assigned Names and Numbers to stop the rollout of controversial .SUCKS domain names, urging the body to halt a “predatory scheme” that’s “designed to exploit trademark owners.”

  • March 30, 2015

    Claims Gutted In Harbinger Investor Row Over LightSquared

    A New York federal judge on Monday mostly ended an investor class action against Harbinger Capital Partners LLC over its $3 billion investment in doomed startup LightSquared Inc., saying various claims were either precluded by federal law or insufficiently pled.

  • March 30, 2015

    Infineon Appeals EU's $90M Smart Chip Cartel Fine

    Infineon Technologies AG will appeal a nearly €83 million ($89.8 million) fine from the European Commission for allegedly conspiring over prices and trading sensitive data about smart card chips used in phones, bank cards and other technology, according to a Monday notice.

  • March 30, 2015

    Miss. AG Probe Likely Breached Google's Free Speech: Judge

    A federal judge said Friday that Google would likely prevail on its claim that Mississippi Attorney General Jim Hood violated the First Amendment by trying to regulate the Internet giant’s search results.

  • March 30, 2015

    DOL Axes H-1B Worker's Claims Against Software Recruiter

    A U.S. Department of Labor judge granted a bid Friday by former software analyst recruiter Cronous Solutions Inc. for a final order in their favor without a trial on the claims of H-1B worker Nithya Vinayagam, saying the worker has already been appropriately compensated for back wages.

  • March 30, 2015

    Google Scores Wins In IP Row With Unwired Planet

    Google Inc. scored wins in both the Patent Trial Appeal Board and federal court in a dispute over 10 mobile Web patents asserted by Unwired Planet LLC, with the PTAB invalidating claims in one of the patents on Monday and a Nevada federal judge invalidating a claim in another patent on Friday.

  • March 30, 2015

    Google Engineer Nixes Objections To $415M Anti-Poach Deal

    A Google Inc. software engineer on Monday withdrew his objections to a $415 million settlement in the antitrust class action accusing Apple Inc., Google Inc. and others of illegally agreeing to not poach engineers, asking a California federal judge to disregard concerns he raised Friday.

  • March 30, 2015

    TTIP Won't Touch Data Laws, Public Services, EU Says

    The European Union on Monday moved to assuage concerns about the scope of the ongoing Transatlantic Trade and Investment Partnership talks with the U.S., vowing that a final deal will not alter the government's data laws or its ability to provide public services such as health care and education.

  • March 30, 2015

    Oracle Slams Support Cos.' Defenses In Software IP Fight

    Oracle America Inc. urged a California federal judge on Monday to rule that Terix Computer Company Inc. infringed its software copyrights by illegally downloading software patches in order to “steal” customers and provide them with third-party support for Oracle’s Solaris operating system and related software.

  • March 30, 2015

    Jury Finds Motorola Infringed Intellectual Ventures Patent

    A Delaware federal jury on Monday found that Motorola Mobility LLC infringed an Intellectual Ventures LLC patent, giving the nonpracticing entity its second victory in as many weeks.

  • March 30, 2015

    DOD IG Finds Problems In Some Army Sole-Source Contracts

    Four sole-source Army information technology contracts worth more than $83 million did not properly justify using the sole-source process, according to a U.S. Department of Defense Inspector General report issued on Wednesday.

  • March 30, 2015

    PwC Cleared In Suit Against Chinese ISP

    A New York federal judge on Friday dismissed claims that PricewaterhouseCoopers International Ltd. acted as a controlling person in the issuing of misleading audit opinions for a Chinese mobile device company, saying that lead plaintiffs failed to show PwC was liable for any potential violation.

  • March 30, 2015

    High Court Won't Rule On Patent Co-Owners Barring Suits

    The U.S. Supreme Court on Monday rejected the University of New Mexico’s challenge of a decision that a patent co-owner’s ability to impede an infringement suit is a “substantive right” that supersedes a federal procedural rule allowing courts to join required parties involuntarily.

  • March 27, 2015

    Ex-Digital Realty VP Wants Seyfarth Out Of Prejudice Suit

    A former Digital Realty Trust Inc. employee on Thursday urged a California federal judge to disqualify Seyfarth Shaw LLP from defending his former employer in his $1 million suit alleging he was fired for being gay, arguing the firm previously gave him advice pertaining to Digital Realty.

  • March 27, 2015

    Cresta Urges ITC Review In TV Tuner Infringement Dispute

    Cresta Technology Corp. on Thursday filed a public version of its U.S. International Trade Commission petition urging review of a decision finding Samsung Electronics Co. Ltd. and other TV manufacturers did not infringe two of its silicon TV tuner patents.

  • March 27, 2015

    Brand Battles: McDonald's, Amazon, Neil Diamond

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, McDonald's takes on lobster macaroni and cheese, Amazon "fires" at unauthorized smartphone cases, and it "ain't no big surprise" that Neil Diamond is taking on a "Sweet Caroline" imposter.

Expert Analysis

  • 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.

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • An Assessment Of The Commil Briefings And Potential Fallout

    Matthew Berkowitz

    If the Federal Circuit’s decision is affirmed by the U.S. Supreme Court in Commil USA LLC v. Cisco Systems Inc. — set for oral argument Tuesday — it may all but eliminate induced infringement under Section 271(b) as a viable theory of infringement liability, says Matthew Berkowitz of Kenyon & Kenyon LLP.

  • 5 Key Privacy Considerations For All Companies

    Adam Solander

    Privacy and security are closely intertwined, but securing information from outside intrusion may not provide the privacy protections you need, say Adam Solander and Patricia Wagner of Epstein Becker & Green PC.

  • High Court May Take On Corporate 5th Amendment Privilege

    Ramzi Abadou

    A festering but virtually unnoticed circuit split over a legal doctrine the U.S. Supreme Court first recognized early last century may provide the Roberts court with the opportunity to grant corporate persons privilege against self-incrimination for the first time in U.S. history, says Ramzi Abadou of Kahn Swick & Foti LLP.