Technology

  • October 26, 2021

    Popular Twitter User Hit With TRO Over Penny Stock Ploy

    The U.S. Securities and Exchange Commission on Tuesday convinced a New York federal judge to freeze the assets of a popular Twitter user accused of running a $3.4 million scheme in which he manipulated stocks using the social media app.

  • October 26, 2021

    VideoShare Says 10 Hours Is Too Short For Google IP Trial

    VideoShare LLC said there is "no possible way" that a 10-hour time limit on testimony at trial will allow it to competently present its case that Google and YouTube infringe its video-sharing patent, objecting Tuesday to U.S. District Judge Alan D. Albright's scheduling order.

  • October 26, 2021

    DeVos Family Gave Theranos $100M 'On The Spot,' Jury Told

    A DeVos family wealth manager testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud trial Tuesday that the family committed "on the spot" to doubling their $50 million investment in Theranos during a visit to its headquarters, while defense counsel probed the manager during a tense cross-examination on the family's due diligence.

  • October 26, 2021

    Samsung Broke Patent Deal With Netlist, Calif. Judge Says

    Samsung broke its obligations under a patent license agreement with Netlist over modular memory technology and Netlist subsequently terminated the deal, but a jury must decide any damages, a California federal judge said in an unsealed order entered Monday.

  • October 26, 2021

    Singapore Law Applies In Indian Tech Co. Fight, Judge Says

    A Singapore judge has rejected claims that a shareholder dispute over control of an Indian consumer internet company must be litigated despite an underlying arbitration clause, providing guidance on a knotty choice-of-law question that had been unanswered in the city-state until now.

  • October 26, 2021

    9th Circ. Snuffs Dealers' German Car Co. Antitrust MDL

    The Ninth Circuit said Tuesday that car dealerships didn't have enough facts to plausibly allege there was an overarching conspiracy among German auto giants to control diesel emissions system specifications and steel prices to unreasonably restrain trade in violation of U.S. antitrust law.

  • October 26, 2021

    Albright Ships Solar Power IP Suit From Texas To SDNY

    FTC Solar can move a patent infringement lawsuit lodged against it over solar technology from Texas to New York after U.S. District Judge Alan Albright found that its license agreement with FCX Solar favors shipping the case off to the Southern District of New York.

  • October 26, 2021

    COVID App Programmer Accuses Gibson Dunn Of 'Retaliation'

    A coronavirus tracking app developer hinted Monday that it may seek to disqualify Gibson Dunn & Crutcher LLP from representing Apple against antitrust claims that the tech giant blocked competing COVID-19 apps from the App Store, telling a California federal court the firm improperly attacked the app's programmer out of "political retaliation."

  • October 26, 2021

    Toshiba, Patentee Spar At POP Over IPR Fee Deadline

    Toshiba has urged the precedent-setting panel for the Patent Trial and Appeal Board to find that confirmation of a wire transfer through a system owned by the Federal Reserve banks is enough to establish that a company has paid the fees for challenging a patent at the board.

  • October 26, 2021

    Wash. AG Accuses Chicken Producers Of Pricing Conspiracy

    The Washington state attorney general's office on Tuesday sued the producers of nearly all the chicken sold for meat in the U.S., accusing them of conspiring to inflate prices and coordinate supply, in the latest case targeting the broiler chicken industry.

  • October 26, 2021

    Netflix Must Face Patent Suit In EDTX, Gilstrap Rules

    Netflix will have to face a patent dispute brought by business-to-business software company CA Inc. in Texas instead of the streaming giant's preferred venue of California, Eastern District of Texas Judge Rodney Gilstrap has ruled.

  • October 26, 2021

    Robinhood Traders Bid For Class Cert. In App Outage Case

    Robinhood users are seeking certification for a class of nearly 7 million fellow account holders in litigation over repeated service outages the popular brokerage experienced amid volatile market conditions in the spring of 2020.

  • October 26, 2021

    House Panel Mulls More Scrutiny For US-Listed Chinese Cos.

    A U.S. House of Representatives committee on Tuesday debated whether additional crackdowns are needed to combat alleged misbehavior by U.S.-listed Chinese companies on matters ranging from human rights abuses to non-compliance with U.S. audit rules.

  • October 26, 2021

    Valve Gets Consumers, Not Game Developer, Into Arbitration

    Consumers pursuing antitrust claims against online gaming giant Valve must submit to arbitration they agreed to when they began playing, a federal judge in Washington state ordered Monday, but the judge allowed claims from game developer Wolfire to proceed in court.

  • October 26, 2021

    6th Circ. Frees Time Warner From Smoke Alarm Death Suit

    The Sixth Circuit on Tuesday threw out claims that Spectrum Security LLC and the security arm of Time Warner Cable's failure to maintain a smoke alarm led to a woman's death in an Ohio house fire, saying the woman was responsible for the alarm after ignoring months of low-battery alerts.

  • October 26, 2021

    Crypto 'Thought Leader' Can't Duck CEO's Defamation Claims

    The founder of blockchain platform Ava Labs can pursue defamation claims against a cryptocurrency marketer and "thought leader" over comments he made on social media, a Florida federal court has found.

  • October 26, 2021

    Acceleron Says It Got Shorted In $2M Patent Win Over Dell

    Acceleron LLC argued in Georgia federal court that its $2.1 million patent infringement win against Dell Inc. wrongly cut off its access to enhanced damages because the trial judge used the wrong standard to determine Dell's willfulness.

  • October 26, 2021

    Facebook Urges 9th Circ. Not To Revive Rival Apps' Case

    Facebook Inc. has urged the Ninth Circuit to reject app developers' efforts to breathe new life into an antitrust suit accusing the tech giant of hurting their businesses through allegedly anti-competitive actions, calling the dispute "a laundry list of stale grievances."

  • October 26, 2021

    Ex-Oracle Executive Loses Benefits Suit Over Jail Stay

    An Oregon federal court determined that Hartford Life & Accident Insurance Co. was right to deny long-term disability benefits to a former Oracle America Inc. executive after it discovered he had lied about being on vacation when he was actually in jail.

  • October 26, 2021

    TransUnion Inks 2 Deals Worth $2.4B Combined

    TransUnion unveiled a pair of deals Tuesday worth a combined $2.4 billion, including the sale of its health care data and analytics business and the acquisition of a cyber-protection provider.

  • October 26, 2021

    Clinical Research Biz Medable Lands $2B Valuation In Series D

    Clinical research platform Medable said Tuesday it's now valued at $2.1 billion following its Series D funding round that included Blackstone Growth, Tiger Global and GSR Ventures.

  • October 26, 2021

    Biden Taps Rosenworcel, Sohn To Round Out FCC

    President Joe Biden on Tuesday renewed acting Chairwoman Jessica Rosenworcel's term at the Federal Communications Commission and nominated former FCC adviser Gigi Sohn as the agency's third Democrat, bringing the commission up to its full five-person stature pending Senate confirmation. 

  • October 25, 2021

    9th Circ. Rejects Arizona Auto Dealer Data Law Challenge

    Two auto dealer data companies on Monday lost their bid to restrict car dealerships' access to their databases when the Ninth Circuit refused to revive their bid for an injunction against an Arizona law mandating third-party access, finding the companies likely won't win their constitutional and Copyright Act claims.

  • October 25, 2021

    With Jab At Fed. Circ., Albright Ships IP Case To California

    U.S. District Judge Alan Albright on Monday granted a motion by semiconductor company Microchip Technology Inc. to transfer a patent infringement suit against it by HD Silicon Solutions LLC to California, citing recent Federal Circuit decisions reprimanding the Texas judge for failing to grant transfers.

  • October 25, 2021

    Amazon CEO Warns About Proposed Antitrust Legislation

    Amazon's new CEO used this year's sellers' conference to warn third-party sellers that their businesses may be at risk if bills aimed at breaking up the online retail behemoth make it past the president's desk and into law.

Expert Analysis

  • How Epic V. Apple Ruling Might Play Out For Big Tech

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    A California federal judge's recent mixed ruling in the Epic v. Apple antitrust case may not change the essential way Apple does business, but a key holding that permits app users to pay for subscriptions outside of the company's App Store may have long-term ramifications on Big Tech's ecosystem, say Scott Wagner and Ilana Drescher at Bilzin Sumberg.

  • Series

    Confronting Origination Credit: Why GCs Need To Speak Up

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    In order to promote diversity and inclusion in the legal profession, in-house counsel should leverage their influence by talking to their outside firms about fair origination credit allocation, because many law firm compensation systems are still shrouded in mystery, and underrepresented attorneys often face entrenched inequities, says Michelle Banks at BarkerGilmore.

  • What Blockchain Means For The Future Of US Health Care

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    As the U.S. plays catchup with other countries that have introduced blockchain into their health care systems, the technology is poised to drastically change the industry's revenue cycles, data management and beyond, which will result in better care for patients and more assurance for provider reimbursements, say Michael Ruggio and Jacob Butz at Ice Miller.

  • Insurance Considerations Amid Increased Use Of Drones

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    The growing use and rapidly evolving regulation of drone technology across industries raise tricky insurance coverage questions and increase exposure to third-party liability and first-party loss, say attorneys at Covington & Burling.

  • App Store 'Nutrition Labels' Raise New Privacy Risks For Cos.

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    In light of recent enforcement actions and privacy class actions, it is critical for businesses to review their mobile applications’ privacy "nutrition labels" — which provide an overview of how user data is processed— to ensure that they accurately reflect an app's activity and are consistent with the business's other disclosures, say attorneys at Troutman Pepper.

  • Contractual Limits On Liability Only Go So Far In Delaware

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    The recent Delaware Chancery Court ruling in Online HealthNow v. CIP OCL reiterates that contractual fraud claims cannot be eliminated with the stroke of a pen, and serves as a reminder that Delaware courts will not permit statutory limitations on liability to excuse intentional fraud, say attorneys at Shearman.

  • Financial Planning Tips For Retiring Law Firm Partners

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    As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

  • 4 Practical Pointers For Litigating A Design Patent Case

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    The recent Federal Circuit opinions in Campbell Soup v. Gamon Plus and the case of SurgiSil underscore the substantial differences between design patents and utility patents, but intellectual property litigators can better prepare themselves to dive into this area by keeping in mind a few critical recommendations, says Nathan Sabri at MoFo.

  • New TCPA Rulings Suggest Shorter Life For Autodialer Suits

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    In the six months since the U.S. Supreme Court's decision in Facebook v. Duguid, which narrowed the scope of the Telephone Consumer Protection Act, a growing number of rulings provide hope that meritless lawsuits based on automatic telephone dialing systems can be stopped at the pleadings stage, say Becca Wahlquist and Lauri Mazzuchetti at Kelley Drye.

  • Preparing Remote Deposition Defenses For Corporate Entities

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    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • How The Global Tax Agreement Could Backfire For Biden

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    If the $3.5 trillion spending package fails, the federal tax code will not conform to the recent 15% global minimum tax agreement spearheaded by the U.S., which would embarrass the Biden administration and could lead to retaliatory tax measures by other nations, says Alex Parker at Capitol Counsel.

  • Strategies To Counter Broad Approach To IPR Estoppel

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    Until the Federal Circuit resolves a recent district court split on the scope of inter partes review estoppel for nonpublication art, defendants should consider the likelihood of estoppel being applied broadly and try to persuade courts that the narrower approach is more in line with the Patent Act, say Asim Bhansali and Nicholas Roethlisberger at Kwun Bhansali.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • What Attorneys Should Know About Blockchain Disputes

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    As blockchain companies on the product supply chain rapidly adopt new technologies, commercial counsel can prepare to assist blockchain clients and consumers in mitigating transactional disputes by becoming familiar with smart contract code, jurisdictional issues and new dispute resolution schemes, says Michael Hewitt at Sideman & Bancroft. 

  • Extension Of The HSR Waiting Period Increases Acquirer Risk

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    Attorneys at K&L Gates look at the Federal Trade Commission's recent extension of the merger-review waiting period under the Hart-Scott-Rodino Act, and its effect on pending transactions, broader public policy and the Biden-era M&A market.

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