• September 19, 2014

    Biotechs Brave Market As Historic IPO Grabs Spotlight

    Three biotechs and a health care provider quietly kicked off trading this week, braving the market as all eyes were fixed on e-commerce giant Alibaba Group Holding Ltd.’s public debut on the New York Stock Exchange, after it raised a startling $21.8 billion.

  • September 19, 2014

    SanDisk Can't Escape Flash Memory Antitrust Suit

    A California federal judge denied SanDisk Corp.’s bid to toss a putative class action lodged by retailers and customers accusing the company of using its patents to monopolize the flash memory industry, ruling the plaintiffs have standing.

  • September 19, 2014

    Google Joins Apple With Default Encryption On New Android

    Google Inc. said Thursday that its new Android operating system will automatically encrypt user data upon activation, preventing police and thieves from accessing communications and pictures stored on the phone, in a move that mirrors Apple Inc.'s similar plan for its iPhones.

  • September 19, 2014

    Apple Anti-Trust Monitor Should Stay, Govt. Tells 2nd Circ.

    The government and attorneys general for 33 states on Thursday urged a Second Circuit panel to keep a court-appointed monitor for Apple Inc. put in place after a ruling that the company fixed e-book prices with publishers, saying a judge didn't abuse discretion in denying Apple's attempt to disqualify the monitor.

  • September 19, 2014

    Google, Kayak, Others Rip Proposed DOT Metasearch Rule

    Google Inc., Kayak Software Corp., TripAdvisor LLC and three other travel metasearch providers submitted comments on Friday attacking a proposed U.S. Department of Transportation rule that would subject their air flight price comparison websites to stricter consumer protection regulation, arguing that the rule unfairly lumps the companies in with ticket sellers.

  • September 19, 2014

    Mega Damages In Peril After Fed. Circ. Nixes Apple Verdict

    It will be much more difficult for patent owners to secure massive verdicts now that the Federal Circuit has thrown out a $368 million damages award against Apple Inc., attorneys say, since the court sent a clear message that damages estimates must be closely tied to the patented features.

  • September 19, 2014

    Lawmakers Call On HHS To Clarify Health App Privacy Rules

    A pair of U.S. congressmen on Thursday pushed the U.S. Department of Health and Human Services to provide mobile health app developers with clear guidance on how federal health privacy law applies to their collection and use of sensitive personal data.

  • September 19, 2014

    Nev. High Court Chops Inventor's $600M Damage Award

    The Nevada Supreme Court on Thursday reversed and remanded parts of a decision that awarded $600 million in damages and interest to an inventor who sued the California Franchise Tax Board for allegedly targeting him and causing a range of financial and emotional harm through its audit.

  • September 19, 2014

    LinkedIn Wants Remainder Of Email-Harvesting Suit Dismissed

    LinkedIn Corp. on Thursday called for a California federal judge to throw out the remainder of a putative class action alleging the social media network broke into users’ accounts to send emails on their behalf, saying the plaintiffs’ amended complaint fails to state a claim on which relief can be granted.

  • September 19, 2014

    Sens. Float Bill To Limit Access To User Data Stored Overseas

    A bipartisan trio of U.S. senators on Thursday introduced legislation that would curtail the ability of law enforcement to obtain electronic communications stored overseas by service providers, an issue that is fueling Microsoft Corp.'s closely watched challenge to a search warrant for user data located in Ireland.

  • September 19, 2014

    Hot Alibaba Launch Likely To Spark Additional IPO Frenzy

    The U.S. market for initial public offerings is well on the way to its strongest year in more than a decade, and after the success of the Alibaba Group Holding Ltd. listing Friday — the largest IPO in U.S. history — the market is unlikely to hit the brakes any time soon, experts say.

  • September 19, 2014

    Notes' Assignee Can't Sue Over Telecom Collapse, Judge Says

    A New York judge on Wednesday dismissed claims brought by an assignee of notes for defunct Hellas Telecommunications Sarl from suits seeking to recover €102 million ($131 million) pocketed by two private equity firms while allegedly driving the telecom into insolvency, finding the assignee lacks standing.

  • September 19, 2014

    Taxation With Representation: Fenwick, Ropes, Simpson

    In this week's Taxation with Representation, Simpson Thacher & Bartlett LLP works TRW Automotive Holdings Corp.'s $13.5 billion monster sale to a German rival while Fenwick & West LLP guides travel management software maker Concur Technologies Inc. on its $8.3 billion acquisition by SAP SE.

  • September 19, 2014

    Software Startup CEO Gets 27 Months For Securities Fraud

    The CEO of software development startup Wwebnet Inc. was sentenced to 27 months in prison Thursday for bilking investors out of $2 million that was meant to get the company’s online entertainment platform off the ground, the U.S. attorney’s office in Manhattan announced.

  • September 19, 2014

    Deals Rumor Mill: Siemens, Alcatel-Lucent, KKR

    Siemens AG is set to offer upwards of $6.1 billion for U.S.-based compressor and turbine maker Dresser-Rand Group Inc., while a consortium of telecom businesses have placed a bid to build a $10 billion state-owned mobile network in Mexico.

  • September 19, 2014

    Commerce Levies $8.4M In Tech Export Evasion Penalties

    A Hong Kong businessman and two of his companies have racked up $8.4 million in fines from the U.S. Department of Commerce’s Bureau of Industry & Security, which found they knowingly broke an order to buy technology-related parts from U.S. exporters, according to rulings made public Thursday.

  • September 19, 2014

    MoFo, Skadden Guide Softbank, Yahoo In Alibaba IPO

    Morrison & Foerster LLP guided Japanese telecom giant Softbank Corp., Alibaba Group Holding Ltd.'s largest shareholder, in multiple matters in the run-up to Alibaba's historic initial public offering, while Skadden Arps Slate Meagher & Flom LLP counseled Yahoo Inc., a major Alibaba shareholder, the firms said Friday.

  • September 19, 2014

    Alibaba IPO Buoys M&A Outlook For 2 Big-Ticket Deal Makers

    The historic initial public offering of Alibaba Group Holding Ltd. on Friday injected multibillion-dollar windfalls to the war chests of a pair of mammoth companies already under the M&A microscope, sending the marketplace buzzing over their next deal-making moves.

  • September 19, 2014

    Fed. Circ. Drops Matchmaking Patent Appeal Following 'Alice'

    The Federal Circuit on Tuesday granted Lumen View Technology LLC’s request to drop its appeal over the validity of its matchmaking patent in its case with, after Lumen acknowledged in its dismissal motion that the U.S. Supreme Court’s ruling in Alice Corp. had “provided greater clarity on patentability.”

  • September 19, 2014

    Senate Confirms Tech Exec For Deputy USTR Slot

    The U.S. Senate on Thursday confirmed the founder of a cloud computing company, intellectual property expert and former longtime head of BSA–The Software Alliance, an industry association representing the software sector, to serve as a deputy U.S. trade representative.

Expert Analysis

  • Unmasking And Suing The Anonymous Social Media Speaker

    Steven Richard

    Parties contemplating a lawsuit over anonymous online postings may seek court-ordered, presuit discovery to investigate who owns and operates the social media account. Recent New York and Texas decisions evidence the necessity to research and understand fully the extent to which a jurisdiction allows presuit discovery, says Steven Richard of Nixon Peabody LLP.

  • Avoiding Open-Ended Liability From Autonomous Vehicles

    Michael Preciado

    Technology and automobile companies concerned about outdated software-related accidents should consider drafting statutes of repose applicable to autonomous vehicle liability — they would protect insurance companies too as they are generally drafted to stabilize the industry by eliminating stale claims from open-ended liability, says Michael Preciado of Snell & Wilmer LLP.

  • What Alice Ruling Means For Software Entrepreneurs

    The U.S. Supreme Court ruling in Alice Corp. v. CLS Bank is important to software startups because it goes to the very core of the value that they deliver to the market, says Robert Sachs of Fenwick & West.

  • Reminders From Italy's Privacy Ruling In Google Case

    Francesca Petronio

    In its recent Google Inc. decision, the Italian Data Privacy Authority highlighted once again that, pursuant to Italian data privacy laws, processing activities of personal data is allowed only if the data subjects receive specific and detailed information regarding the data processing activities and give their express consent to the processing operations, say Francesca Petronio and Marilena Hyeraci of Paul Hastings LLP.

  • Apple Class Certification Will Affect All Tech Companies

    Ian C. Schaefer

    The greatest impact of the recent class certification in Felczer v. Apple Inc. may be in emboldening other lawyers to sue technology companies and use this case as a blueprint — other companies should expect suits with similar claims, theories, discovery, experts and trial plans, say attorneys at Epstein Becker Green LLP.

  • AIA Section 102 — Simplified

    Paul Morgan

    Section 102 is perhaps the most important provision of the America Invents Act — but, not surprisingly, it is not a model of plain English. I attempted to rewrite it in simpler, shorter language for easier understanding, says Paul Morgan, former assistant chief patent counsel at Xerox Corp.

  • Forum Selection Bylaws Are Best Considered On A Clear Day

    Michael G. O’Bryan

    An Oregon court’s decision in Roberts v. TriQuint SemiConductors Inc. shows that enacting an exclusive forum provision on a clear day, before a company sees the storm clouds of litigation on the horizon, may support the enforceability of the provision, say attorneys with Morrison & Foerster LLP.

  • Brace For This Brief's Impact On The Supreme Court

    James H. Wendell

    SCOTUSblog founder Thomas Goldstein's no-party, no-argument amicus brief in M&G Polymers USA LLC v. Tackett is likely the first of its kind before the U.S. Supreme Court, making it one of the more intriguing developments of the upcoming term. It can demonstrate the power of a data-centric argument, says James Wendell of Riddell Williams PS.

  • Indiana V. IBM: What’s At Stake For IT Contractors

    Robert Metzger

    The Indiana Supreme Court recently announced that it will decide Indiana v. IBM Corp. The ruling by the Court of Appeals is an acute illustration of how a judicial process can produce a distorted and unjust result through simplistic reduction of a complex project and use of an ill-suited legal standard of performance, say Robert Metzger and Mark Linderman of Rogers Joseph O’Donnell PC.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.