Technology

  • November 08, 2019

    WeWork, Execs Hit With Derivative Suit After SoftBank Rescue

    A proposed class of minority shareholders has sued WeWork and the Japanese conglomerate SoftBank Group Corp., as well as executives at both companies, alleging they are shortchanging the minority shareholders with the execs' "self-interested transactions" as the workspace sharing company flounders.

  • November 08, 2019

    DOJ Wants To Close T-Mobile-Sprint Merger Review

    The U.S. Department of Justice moved for final judgment to clear its settlement allowing T-Mobile to buy Sprint, according to a motion filed Friday in D.C. federal court, just two days after the agency assailed concerns from critics of the deal over potential harm to consumers.

  • November 08, 2019

    Facebook Enters Uncharted Legal Waters With Spyware Suit

    Facebook's new suit accusing an Israeli spyware company of compromising the phones of WhatsApp users includes a novel argument under federal anti-hacking law and presents a new wrinkle in the debate over government access to encrypted messages.

  • November 08, 2019

    Move On FedNow Before It's Too Late, FTC Commish Says

    The Federal Trade Commission's Rohit Chopra on Thursday urged the Federal Reserve Board to speed up the launch of the FedNow real-time payments service, highlighting the importance of the public sector retaining control of the nation’s payments infrastructure.

  • November 08, 2019

    Florida Co. Says Crypto Holder Must Face Antitrust Claims

    A telecommunications company said a Cayman Islands-based cryptocurrency firm should have to face antitrust claims in Florida federal court, pushing back on the defendant's argument it doesn’t do business in the Sunshine State.

  • November 08, 2019

    Fed. Circ. Affirms Dish's PTAB Win After Remand Bid Fails

    The Federal Circuit on Friday upheld a Patent Trial and Appeal Board decision invalidating claims in a Customedia patent on digital management systems, days after refusing the company’s bid for a new PTAB review in light of the board’s structure being found unconstitutional.

  • November 08, 2019

    PTAB Lets Emmy-Winning Audio IP Owner Amend All Claims

    The owner of an Emmy-winning invention relating to audio technology can amend all claims in an audio recording patent that were invalidated by the Patent Trial and Appeal Board after the board found that the award shows the new claims are not obvious.

  • November 08, 2019

    Fed. Circ. Judge Doubts PTAB Bungled Image Patent Term

    Image Processing Technologies LLC didn't seem to sway a Federal Circuit judge Friday with an argument that the Patent Trial and Appeal Board failed to follow the meaning it had given a key term when it invalidated the company's image processing patent at Samsung's request.

  • November 08, 2019

    Beck Redden Digs Into Depositions To Win $176M For HP

    Beck Redden LLP attorneys narrowed down evidence prepared by another firm in order to win a $176 million verdict for HP Inc. in a complex case alleging optical disk drive supplier Quanta was part of an industrywide price-fixing scheme.

  • November 08, 2019

    Neal Gerber Eisenberg Adds Ex-Freeborn IP Co-Chair

    Neal Gerber Eisenberg LLP has brought on a former co-chair of Freeborn & Peters LLP's intellectual property litigation practice with experience in the software and telecommunications industries, the firm announced.

  • November 08, 2019

    Top 4 Groups Lobbying The FCC

    During the month of October, lobbyists representing major telecom providers squared off over the best ways to repurpose satellite spectrum in the valuable C-Band and how to fund and manage FCC subsidy programs.

  • November 08, 2019

    House Dems Seek Update On FCC Location-Tracking Probe

    The Federal Communications Commission is facing pressure from House Democrats to release the results of its investigation into wireless carriers that sell data that third parties use to track cell phone users.

  • November 08, 2019

    New Ethics Framework May Draw AI Firms To DOD

    The Pentagon's increasing interest in using artificial intelligence has led to ethical conflicts with commercial technology firms, but a newly proposed ethics framework could help address those companies' concerns about their technology being wrongly weaponized or misused by the military.

  • November 08, 2019

    3 Firms Help Blackstone Swipe Stake In $3B Dating App Co.

    The Blackstone Group has agreed to buy a majority stake in MagicLab, the company behind dating apps Bumble and Chappy, in a deal that values the company at about $3 billion and was put together with help from Davis Polk, Baker McKenzie and Simpson Thacher.

  • November 08, 2019

    FCC Finds Sinclair-Linked Stations Bungled AT&T Deal Talks

    Twenty stations tied to Sinclair Broadcast Group failed to work with AT&T to retain and restore local broadcast programming on satellite and internet platforms, the Federal Communications Commission said Friday, calling the infraction "the most egregious example of delay that we have encountered."

  • November 08, 2019

    SEC's Cognizant Bribe Suit May Mean Differing Rulings

    A New Jersey federal judge expressed concerns over the risk of inconsistent rulings Friday if he lets a U.S. Securities and Exchange Commission suit against the former president and chief legal officer of Cognizant Technology Solutions Corp. over an alleged bribery scheme move forward amid a related criminal case.

  • November 08, 2019

    Taxation With Representation: Shearman, Skadden, Pillsbury

    In this week’s Taxation with Representation, Canada’s pension board acquires a California-based energy company for $6.1 billion, Stryker acquires Wright Medical Group for $4 billion, and aircraft component producer Kaman buys Bal Seal Engineering for $330 million.

  • November 08, 2019

    Juul's Online Verification Violates Ill. Biometric Law, Suit Says

    The photo verification software that Juul Labs Inc. uses in its online age-verification process improperly scans and stores consumers' facial geometry in violation of Illinois’ biometric privacy law, a proposed class alleges in state court.

  • November 08, 2019

    High Court Will Hear Booking.com Trademark Battle

    The U.S. Supreme Court on Friday sided with the U.S. Patent and Trademark Office and agreed to hear a case over whether Booking.com's name is too generic for trademark protection.

  • November 08, 2019

    Labaton To Lead Investor Challenge To $1.9B Vista Deal

    Labaton Sucharow will lead a proposed class action in federal court in New York that alleges a software company deliberately depressed its value in the months before its $1.9 billion acquisition and subsequent delisting from the Nasdaq, a federal judge said Thursday.

  • November 08, 2019

    Baker Botts Lures Tech Litigator From Taylor & Patchen

    Baker Botts has hired a Taylor & Patchen LLP litigator with expertise in complex commercial and intellectual property disputes as a partner at its Palo Alto, California, office, the firm has announced.

  • November 07, 2019

    Facebook, Google, Uber IP Execs Swap Patent Portfolio Tips

    Facebook, Google and Uber IP executives speaking at a conference Wednesday in Silicon Valley shared tips for building strong patent portfolios, like using artificial intelligence and even principles from sports analytics to gauge the value of patents in a time when patent prices are skyrocketing.

  • November 07, 2019

    Ex-Uber Exec Asks Gov't To Clarify Claims In Google Dispute

    Former Uber executive Anthony Levandowski on Wednesday requested clarification on prosecutors' claims he stole self-driving car trade secrets from Google, arguing the government hasn't provided enough detail "to identify the precise trade secrets" he purportedly stole.

  • November 07, 2019

    NY Data Security Law To Make State A More Active Enforcer

    A recent New York law that sets a high bar for companies to improve their data security measures is likely to expose a broad range of businesses to increased enforcement by the state's already-aggressive attorney general, while adding to a complicated patchwork of state-by-state privacy laws. 

  • November 07, 2019

    This Phase Of Scrutiny Was Expected, Libra Co-Creator Says

    The chief economist and co-creator of the Libra digital currency said Wednesday the current phase of regulatory scrutiny bearing down on the Facebook-led project had been planned for, suggesting the hurdles it faces can be overcome.

Expert Analysis

  • Noteworthy Changes From FDA's Latest Software Guidance

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    The U.S. Food and Drug Administration's new software-related guidance is largely consistent with previous drafts, but makes a variety of technical changes and clarifications to the FDA’s interpretation of the 21st Century Cures Act exemptions for certain software functions, say attorneys at Akin Gump.

  • Bid Protest Spotlight: Jurisdiction, Standing, GAO Limits

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    In this month's bid protest roundup, Victoria Angle and Roke Iko at Morrison & Foerster look at three October decisions: The U.S. Court of Federal Claims considered its jurisdiction, the Federal Circuit looked at standing, and the U.S. Government Accountability Office clarified its scope of review over AbilityOne procurement protests.

  • Digitalizing The Mining And Metals Global Supply Chain

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    More businesses in the mining and metals sector are considering blockchain to address challenges associated with mineral provenance and supply chain transparency, but it remains to be seen whether the technology can be harnessed to track performance standards related to human rights, labor practices and other factors, say attorneys at White & Case.

  • How Fed. Circ. May Defer To PTAB In Facebook Case

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    The appeal of six inter partes reviews in Facebook v. Windy City presents an opportunity for the Federal Circuit to provide clarity on the appropriate level of deference to be afforded holdings of the Patent Trial and Appeal Board's precedent-setting panel, and it may even provide a chance for the U.S. Supreme Court to weigh in, say attorneys at Cadwalader.

  • Calif. Amended Software Tax Regs Have Major Flaws

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    The California Department of Tax and Fee Administration's proposed amendments to a sales tax regulation for technology transfer agreements recently received an icy reception indicative of the regulation's flaws and inconsistencies with prior court rulings, say Eric Coffill and Alexandra Louderback of Eversheds Sutherland.

  • Aviation Sector Must Confront Airport Cyber Risks

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    While attempts to hack planes and airline databases have grabbed the headlines, aviation industry members and their insurers must also focus on the numerous serious cyber vulnerabilities presented by airports, say attorneys at Crowell & Moring.

  • Calif. Privacy Law Compliance Strategies For Health Care Cos.

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    To address the California Consumer Privacy Act’s two-part health care exception, which leaves large gaps of uncertainty for many next-generation health care companies, there are several compliance steps that can be used to assess the applicability of the CCPA, says Ryan Blaney of Proskauer.

  • AI Bill Emphasizes Transparency And Consumer Control

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    The Filter Bubble Transparency Act introduced in the Senate last month is the latest of growing congressional efforts to regulate artificial intelligence, and the first substantive federal bill aimed at curbing companies' algorithmic control of content on internet platforms, say Adam Aft and Yoon Chae of Baker McKenzie.

  • Where A Litigator's Advice Can Improve Agreement Drafting

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    Transactional attorneys should consider consulting with litigation counsel when drafting certain contractual provisions — choice of law, choice of forum, attorney fees and others — that could come into play in a broad range of substantive disputes, says Adrienne Koch at Katsky Korins.

  • Opportunities Abound In Patent Litigation Funding At The ITC

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    The recent funding of a patent infringement claim brought by the University of California Santa Barbara demonstrates the advantages of the U.S. International Trade Commission as a venue, where creative intellectual property owners and litigation financers may find lucrative opportunities, despite a few hurdles, say Matt Rizzolo and Hyun-Joong (Daniel) Kim of Ropes & Gray.

  • US Business Strategies To Soften Trade War Impact

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    By monitoring the shifting trade landscape and deploying appropriate tariff strategies to mitigate risk, American businesses can minimize the negative effects that ongoing changes in global tariffs may have on their bottom line, say Michelle Schulz and Luis Arandia of Polsinelli.

  • What Will Calif. Privacy Law’s 'Do Not Sell' Button Look Like?

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    Although the California Consumer Privacy Act takes effect in less than two months, one of its key provisions ― the right of California residents to opt out of the sale of their personal information ― remains to be defined or subject to public review or comment, creating uncertainty for businesses, say attorneys at Akin Gump.

  • Adapting To FDA's Proposal For Diagnosis Support Software

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    Transparency should be a priority for companies hoping to meet the exemption criteria outlined in the U.S. Food and Drug Administration's recently proposed approach to regulating clinical decision support software used for patient diagnostics, says Allison Fulton of Sheppard Mullin.

  • Parties Seeking PTAB Attorney Fees Face High Bar In Courts

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    A Michigan federal court recently held in American Vehicular Sciences v. Autoliv that prevailing patent litigants can recover attorney fees for work done before the Patent Trial and Appeal Board only in exceptional circumstances, highlighting the tension between Section 285 of the Patent Act and the PTAB regime, say attorneys at Finnegan.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.