Activist investor Carl Icahn is digging in his heels over Dell's plans to buy back a tracking stock tied to subsidiary VMware and relist itself in the process, in a battle reminiscent of the activist investor’s efforts to derail a private equity-backed take-private of the tech giant five years ago. Here, Law360 recaps the turbulent history between Icahn and Dell.
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Feature

Inside Icahn's Battle Over Dell's VMware Stock Swap

Activist investor Carl Icahn is digging in his heels over Dell's plans to buy back a tracking stock tied to subsidiary VMware and relist itself in the process, in a battle reminiscent of the activist investor’s efforts to derail a private equity-backed take-private of the tech giant five years ago. Here, Law360 recaps the turbulent history between Icahn and Dell. Read full article »

Dell Ups VMWare Stock Swap Offer Amid Pressure From Icahn

Dell on Thursday sweetened the terms of its anticipated stock swap with subsidiary VMWare to $120 per share and agreed to give investors the opportunity to elect a new director, after activist investor Carl Icahn blasted the “insulting” terms of a deal that would see the tech giant rejoin the public market. Read full article »

Q&A

US Must Use 'Full Toolkit' To Fight Cybercrime: Ex-DOJ Chief

John P. Carlin, who ran the U.S. Department of Justice’s National Security Division before going into private practice, tells Law360 how a deterrence campaign can help America win its "code war" against Russia, China, North Korea and Iran. He also shares advice for firms deciding whether to tell authorities about cyberattacks. Read full article »

USPTO Testing AI Software To Help Examiners ID Prior Art

The U.S. Patent and Trademark Office is testing new software that gives patent examiners additional tools to identify whether a patent application incorporates existing technology, USPTO Director Andrei Iancu said Thursday. Read full article »

Dems Query Top 4 Mobile Carriers Over Throttling Concerns

Three Democratic U.S. senators sent letters to AT&T, Verizon, Sprint and T-Mobile on Thursday asking if the companies had slowed down certain services on their networks after a study showed that each of the mobile carriers had stifled at least one video streaming service. Read full article »

POLICY & REGULATION

FCC Applauds Step Toward Stemming Spoofed Calls

The Federal Communications Commission on Thursday praised steps taken by the Alliance for Telecommunications Industry Solutions to get a system in place to prevent robocallers from pestering consumers with calls from spoofed numbers. Read full article »

FCC Commissioners Decry Lack Of Work Crew Coordination

Government and industry players must remedy a lack of coordination between utility and telecom work crews, FCC Commissioners Brendan Carr and Michael O’Rielly said Thursday after the agency's monthly open meeting, citing conflicting priorities as a major reason residents are forced to do without connectivity after natural disasters like Hurricane Michael. Read full article »

FCC, Wireless Trade Group Praise Spectrum Valuation Bill

The Federal Communications Commission and CTIA, a trade group that represents the wireless communications industry, announced their support Wednesday for a Senate bill that would require government agencies to put a market price on spectrum that they own. Read full article »

FCC Tees Up New GPS Signals And Space Debris Rules

The Federal Communications Commission took steps Thursday to update a lineup of satellite-related regulations, including an inquiry into the proliferation of orbital debris and a vote to allow American devices to begin receiving signals from the European global positioning system Galileo, with the lone Democratic commissioner saying the move brings up security concerns. Read full article »

LITIGATION

Direct Capacitor Buyers Win Cert. In Price-Fixing MDL

Four U.S. companies won their bid to certify a direct buyer class in sprawling multidistrict litigation in California federal court alleging dozens of overseas capacitor manufacturers plotted to boost the price of the electronic component in a decadelong scheme. Read full article »

Justices Urged To Ax Fed. Circ. Ruling Restricting Alice

The Electronic Frontier Foundation and T-Mobile, among others, have urged the U.S. Supreme Court to overturn a Federal Circuit decision that made it harder for courts to quickly invalidate patents for claiming patent-ineligible material, saying that the ruling has far-reaching consequences for patent litigation and innovation. Read full article »

Tata Exec Defends Firing Practices In Discrimination Trial

Tata Consultancy Services Ltd.’s head of workplace effectiveness defended the company’s firing practices Thursday during a trial over class allegations that Tata discriminates against non-South Asians, testifying that the company recently raised its retention rates to over 80 percent of workers. Read full article »

Electronics Co. Ducks Derivative Suit Over CEO's Stock Deals

A Delaware chancellor dismissed a derivative suit on Wednesday that claimed members of Richardson Electronics Ltd.’s board breached their fiduciary duties by failing to properly disclose or take action for three substantial repurchases of stock controlled by the company's CEO, citing a lack of reasonable doubt about the board’s good faith or due care. Read full article »

Facebook Friendship Doesn't Require DQ, Fla. Justices Say

The Florida Supreme Court ruled Thursday that a Facebook friendship between a judge and a litigator is not on its own a legally sufficient basis for disqualification, although a majority of the justices took the position that judges should not be active on social media. Read full article »

DEALS

AI Processor Co. Habana Labs Nabs $75M Series B Funding

Artificial intelligence processor startup Habana Labs Ltd. on Thursday said it nabbed $75 million in an oversubscribed series B funding round led by Intel Corp.’s venture capital arm. Read full article »

BANKRUPTCY

Cambridge Analytica Director Deemed Responsible In Ch. 7

The elusive director of scandal-plagued political consulting shop Cambridge Analytica LLC has been designated the "person responsible" for the bankrupt entity in its Chapter 7 case, a move that could aid the beleaguered attorneys at Schulte Roth & Zabel LLP who've been trying to withdraw as the debtor's counsel for months. Read full article »

PEOPLE

Holland & Knight Snags Another Reed Smith Pro As Partner

Holland & Knight LLP has lured a new partner to its New York office — a tech-focused intellectual property associate from Reed Smith LLP, who defended Google against Oracle’s copyright claims in district court. Read full article »

Goodwin Taps Ex-Gunderson Pro With Capital Markets Chops

Global law firm Goodwin Procter LLP said it has hired a former Gunderson Dettmer capital markets attorney with extensive experience in the life sciences, telecommunications and technology industries to strengthen Goodwin’s technology companies, life sciences and capital markets practices. Read full article »

EXPERT ANALYSIS

Aviation Watch: Wheels Up For FAA Reauthorization

It’s impressive, in the current atmosphere of division and gridlock, that Congress managed to hammer out a five-year Federal Aviation Administration reauthorization bill, covering a wide range of important and often contentious matters, says Alan Hoffman, a retired attorney and private pilot. Read full article »

Q&A

A Chat With Bryan Cave Innovation Chief Katie DeBord

In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP. Read full article »

LEGAL INDUSTRY

How Law Firms Are Preparing For The Next Recession

The last major U.S. recession struck the legal industry a decade ago, obliterating some law firms and putting a large number of lawyers out of work. Here are a few ways law firms are positioning themselves to not only survive, but thrive when the next big economic downturn hits. Read full article »

Senate Shakeup Could Put Graham Atop Judiciary Panel

Sen. Chuck Grassley, R-Iowa, chairman of the Senate Judiciary Committee, announced Friday he would take over the Senate Finance Committee next Congress, setting the stage for Sen. Lindsey Graham, R-S.C., to take over the panel. Read full article »

Feature

Meet The Judge Who Controls Fate Of ACA, Trump's AG

The Maryland federal judge in the extraordinary position to decide the future of both the Affordable Care Act and President Donald Trump’s acting U.S. attorney general is an evenhanded and genial jurist known for exhaustively analyzing legal issues, lawyers say. Read full article »

Stevens & Lee Defends Staffer's Firing In Sex Bias Suit

Stevens & Lee PC says it had legitimate reasons to terminate a legal assistant who claims in a federal lawsuit that she was fired for trying to take advantage of family leaves to deal with medical complications she and her daughter faced as she returned to work after giving birth. Read full article »

GC Cheat Sheet: The Hottest Corporate News Of The Week

A new survey of general counsel found that law department leaders are using more of their budget on internal legal services than on outside counsel, and Facebook Inc. announced it will no longer make its workers who claim they have been sexually harassed arbitrate their claims. These are some of the stories in corporate legal news you may have missed in the past week.​ Read full article »

Podcast

Law360's Pro Say: CNN v. Trump

On this week's episode of Pro Say, we take a closer look at CNN's win in a legal battle with President Trump over the White House's ban on reporter Jim Acosta. Read full article »

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AT&T Inc.

AVX Corporation

Air Transport Association of America

Alliance for Telecommunications Industry Solutions

Altman Weil Inc.

Amazon.com Inc.

American Express Company

Bank of America Corporation

Battery Ventures LP

Bessemer Venture Partners

CTIA

Cable News Network Inc.

Cable Television Laboratories Inc.

Canyon Partners LLC

Check Point Software Technologies Ltd.

Citigroup Inc.

Computer & Communications Industry Association

Credit Suisse Group AG

Dell Technologies Inc.

Deutsche Bank AG

Dodge & Cox Funds

Electronic Frontier Foundation

Elliott Management Corp.

Facebook

Federalist Society

Fordham University

Goldman Sachs Group Inc.

Google Inc.

HP Inc.

Hitachi Ltd.

Intel Corp.

JPMorgan Chase & Co.

JetBlue Airways Corp.

KEMET Corporation

Kind LLC

Lehman Brothers Holdings Inc.

Major Lindsey & Africa

Maryland State Bar Association

Mason Capital Management LLC

Morgan Stanley

NBC Sports Group

NBCUniversal Inc.

Netflix Inc.

Oracle Corp.

Panasonic Corporation

PricewaterhouseCoopers

RBC Capital Markets

Red Hat Inc.

Richardson Electronics, Ltd.

Robert Half International Inc.

Silver Lake

Skype Technologies SA

Sony Pictures Entertainment Inc.

Spectrum Management Holding Co.

Sprint Nextel Corporation

State Bar of Texas

T-Mobile USA Inc.

Tata Consultancy Services Ltd.

The Coca-Cola Company

The Florida Bar

UBS AG

United Continental Holdings Inc.

United Services Automobile Association

VMWare, Inc.

Verizon Communications Inc.

Wayfair LLC

Wells Fargo & Co.

YouTube Inc.

Zeughauser Group LLC

LAW FIRMS

Andrews & Springer

Arnold & Porter

Ballard Spahr

Beighley Myrick

Bleichmar Fonti

Bona Law PC

Bryan Cave

DLA Piper

Davis Wright Tremaine

Dentons

Gibson Dunn

Goodwin

Gunderson Dettmer

Herssein Law Group

Hogan Lovells

Holland & Knight

Hunton Andrews Kurth

Husch Blackwell

Irell & Manella

Jones Day

Joseph Saveri Law Firm

K&L Gates

Keefer Wood

Keller Rohrback

Kirkland & Ellis

Kotchen & Low

Kramon & Graham

LaMonica Herbst

Latham & Watkins

Loeb & Loeb

Lowenstein Sandler

McGuireWoods

Mintz Levin

Morris James

Morrison & Foerster

Newman Ferrara

Norton Rose Fulbright

Ogletree Deakins

Orrick Herrington

Paul Weiss

Pillsbury Winthrop

Reed Smith

Richards Layton

Ropes & Gray

Ross Aronstam

Safirstein Metcalf

Schulte Roth

Shearman & Sterling

Shutts & Bowen

Simpson Thacher

Skadden

Stevens & Lee

Wachtell Lipton

WilmerHale

Wilson Sonsini

Winston & Strawn

GOVERNMENT AGENCIES

Central Intelligence Agency

Delaware Court of Chancery

Equal Employment Opportunity Commission

European Union

Executive Office of the President

Federal Aviation Administration

Federal Bureau of Investigation

Federal Communications Commission

Federal Energy Regulatory Commission

Florida Supreme Court

National Aeronautics and Space Administration

National Telecommunications and Information Administration

U.S. Department of Justice

U.S. Department of Transportation

U.S. Office of Personnel Management

U.S. Patent and Trademark Office

U.S. Senate

U.S. Supreme Court

United States Bankruptcy Court for the Southern District of New York