Technology

  • August 13, 2020

    Calif. Justices Clarify Rules On Facebook Data Subpoenas

    The California Supreme Court laid out a roadmap Thursday for trial courts to determine when Facebook and other third parties must hand over private user information in criminal proceedings, but held off on deciding whether the federal Stored Communications Act shields Facebook from such subpoenas.

  • August 13, 2020

    North Korean Hackers Accused Of Hitting Israeli Defense Cos.

    Hackers linked to the North Korean government posed on LinkedIn as recruiters at international aerospace and defense giants in a widespread spree of cyberattacks on the Israeli defense industry, a private cybersecurity company said Thursday.

  • August 13, 2020

    IT Company FDM Strikes $4.1M Deal In Consultant OT Suit

    U.K.-based information technology company FDM Group Inc. has agreed to pay $4.1 million to wrap up a proposed collective action brought by consultants who claimed they should have gotten overtime pay. 

  • August 13, 2020

    Google's $13M Privacy Deal Unfair To Class, 9th Circ. Told

    An objector to a $13 million cy pres settlement resolving allegations that Google illegally gathered Wi-Fi network data with its Street View car fleet is urging the Ninth Circuit to scrap the deal, arguing that class counsel breached its duty to class members by negotiating a pact that provided money to third parties rather than its clients. 

  • August 13, 2020

    Fortnite Maker Picks Antitrust Fight With Apple Over 'Tax'

    Epic Games Inc., the company behind Fortnite, sparked a legal and public relations showdown with Apple Inc. on Thursday over the technology giant's heavily criticized 30% commission on iPhone app payments.

  • August 13, 2020

    DOJ Defends Lenovo Intervention, Antitrust Policy Evolution

    The U.S. Department of Justice doubled down Wednesday on its support for InterDigital in a licensing dispute brought by Lenovo over standard-essential patents, arguing that its views on the intersection of competition law and intellectual property have not abruptly shifted as Lenovo claims but have evolved over time.

  • August 13, 2020

    Fed Says It's Testing Distributed Ledgers, Digital Currencies

    The Federal Reserve is actively testing distributed ledger technologies and experimenting with digital currencies as it works toward the potential development of a central bank digital currency, board member Lael Brainard said in a speech on Thursday.

  • August 13, 2020

    ​​​​​​​Commerce Announces Early Duties On Lawn Mower Engines

    On Thursday, the U.S. Department of Commerce imposed preliminary duties topping 500% on small engines from China that are commonly used in riding lawn mowers and are being sold in the U.S. at unfairly low prices.

  • August 13, 2020

    Watchdog Backs Booting IT Co. Over Early Docs Access

    A Virginia information technology company that prematurely looked at sensitive documents for a defense deal was rightfully cut from contract contention, a federal watchdog ruled, saying the agency had reasonably said bidders would be disqualified for accessing the contract information ahead of time.

  • August 13, 2020

    Venable Picks Up Ex-FTC Atty For Privacy Practice

    Venable LLP has convinced a privacy and cybersecurity expert with more than two decades of experience under his belt to make the jump from WilmerHale in order to bolster the firm's forces in Washington, D.C.

  • August 13, 2020

    Slack Can't Pursue Emoji App IP Suit In Calif., Judge Says

    A California federal judge on Thursday tossed a suit brought by messaging platform provider Slack Technologies Inc. seeking a declaratory judgment that it did not infringe a photo-based emoji app company's intellectual property, saying there is a lack of personal jurisdiction.

  • August 13, 2020

    San Fran DA Seeks To Halt DoorDash Drivers' Gig Status

    San Francisco's district attorney wants to immediately shut down DoorDash's classification of its delivery workers as independent contractors, urging a state court to order the food delivery app to treat its workforce as employees following another judge's decision requiring Uber and Lyft to reclassify their drivers.

  • August 13, 2020

    Facebook Judge Doubts 'Ludicrous' Financial Ads Bias Suit

    A California magistrate judge appeared skeptical Thursday of keeping alive a proposed class action alleging Facebook's targeted financial ads discriminate against women and older people, calling the allegations "ludicrous," broad and "anti-consumer," and questioning whether the suit seeks to create a "sea change" for advertisers.

  • August 13, 2020

    NY Uber Drivers Lean On Panel Rulings In Pay Practices Row

    New York City drivers told a federal judge that recent appellate rulings clarifying which transportation workers might be exempt from arbitration supports their efforts to litigate claims that Uber shortchanged drivers' fares by deducting ride-hailing taxes as well as inflated service fees.

  • August 13, 2020

    IT Co.'s Ex-Atty Suspended Over Late Immigration Docs

    The Garden State's high court suspended a New Jersey attorney for six months after her attempts to cover up late L-1 visa work for an information technology company forced at least one of its employees to temporarily return to India.

  • August 13, 2020

    Deals Rumor Mill: Airbnb, Amazon, American Express

    Airbnb still plans to go public this year, Amazon may buy space left behind by struggling retailers to use as distribution centers, and American Express is nearing a deal for Kabbage that could value the fintech lender at $850 million. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • August 13, 2020

    3 Firms Guide Chinese Housing Platform's $2.1B IPO

    Chinese housing and financial services platform KE Holdings started trading Thursday after raising $2.1 billion in an initial public offering steered by Skadden, Han Kun Law Offices and Maples and Calder.

  • August 13, 2020

    Kirkland, Davis Polk Steer $5.35B Insurance Software Co. Deal

    Private equity firms Vista Equity Partners and Bain Capital, counseled by Kirkland, will sell insurance software provider Vertafore Inc. to Davis Polk-advised Roper Technologies Inc. for roughly $5.35 billion, the companies said Thursday.

  • August 12, 2020

    GoPro Seeks To Block Pre-Suit Damages In Video Patent Row

    GoPro Inc. urged a California federal judge during a video hearing Wednesday to preclude pre-suit damages in a long-running patent infringement suit brought by Contour IP Holding LLC over video camera technology, while Contour asked the judge to find willful infringement.

  • August 12, 2020

    Investors Must Pay Authentix's Legal Fees, Chancery Says

    Authentix can require former shareholders to pay its legal fees after the trade security firm largely prevailed in a dispute over the enforceability of its shareholder agreements, the Delaware Chancery Court has found.

  • August 12, 2020

    Clearview AI Can't Ditch Or Move Ill. Facial Data Suits

    An Illinois federal judge on Wednesday refused to toss or transfer proposed class actions brought by Illinois residents who claim that Clearview AI illegally scanned more than 3 billion pictures to improve its facial recognition software, rejecting the company's arguments that New York is a more convenient venue.

  • August 12, 2020

    Judge 'Having Trouble' To Rule On Papst Camera Patent MDL

    Nikon Corp., Canon Inc. and other digital camera manufacturers in a long-running multidistrict patent infringement suit appeared to have hit a stumbling block Wednesday after a D.C. federal judge cast strong doubts on their request for an order finding that the Patent Trial and Appeal Board had previously invalidated similar claims asserted in the case.

  • August 12, 2020

    Russia Says Apple Abusing Dominance With App Store

    Russia's antitrust enforcer has found that Apple abused its dominance by limiting the functionality of third-party parental control apps on its devices after rolling out its own pre-installed program with similar features.

  • August 12, 2020

    Instagram Users Claim Facebook Harvests Biometric Data

    Facebook, which recently agreed to pay a record $650 million to settle claims that it illegally captured face scans from its users in violation of Illinois' biometric privacy law, has been hit with a new putative class action in California Superior Court accusing it of engaging in similar conduct with respect to photos and videos posted on Instagram.

  • August 12, 2020

    Vimeo Urges FCC To Reject Trump's Social Media Crackdown

    Vimeo has called on the Federal Communications Commission to resist White House pressure to weaken a legal liability shield for social media, saying that President Donald Trump's demand for a crackdown on platforms he perceives as hostile to conservative speech is a legally dubious end run around Congress.

Expert Analysis

  • What 9th Circ. Qualcomm Licensing Ruling Means For SEPs

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    As a result of the Ninth Circuit's decision Tuesday that Qualcomm's licensing practices for standard-essential patents don't violate antitrust law, future SEP disputes are likely to be rooted in contract and patent law, and innovators are more likely to aggressively seek 5G wireless-related SEP patents, say attorneys at Sterne Kessler.

  • 3 Ways Law Firms Can Guard Diversity Gains During Crisis

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    Law firm managing partners must institute comprehensive, firmwide policies to ensure tenuous progress made in recruiting and retaining more women and attorneys of color is not lost due to pandemic-related layoffs and budget cuts, says Debra Pickett at Page 2 Communications.

  • Trump's TikTok, WeChat Orders May Yield Different Results

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    While President Donald Trump's two executive orders banning transactions with mobile applications TikTok and WeChat are similar, one provides TikTok a way forward if it is acquired by a U.S. company, but the other may hinder WeChat's ability to serve as a communications and e-payment platform for U.S. companies doing business in China, say Caroline Brown and Robert Holleyman at Crowell & Moring.

  • Making And Keeping Corporate Climate Commitments: Part 2

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    Carbon offsets — purchased to compensate for carbon dioxide emissions — are an increasingly popular tool for companies seeking to achieve their climate goals, but increasing public scrutiny and evolving standards mean legal and compliance teams must stay on top of changing regulatory requirements, say attorneys at Kirkland.

  • What I Learned As A Virtual Summer Associate

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    It is necessary in a virtual law firm summer program to think twice about asking questions you may be able to answer on your own, but this independence and other aspects of a remote internship may help to instill habits that would be useful for future full-time associates, says law student Kelley Sheehan, who interned at Patterson & Sheridan this summer.

  • BIPA Suits Against 3rd-Party Vendors Face Numerous Hurdles

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    Two recent Illinois federal court opinions concerning Illinois’ Biometric Information Privacy Act claims against third-party vendors raise questions about the statute’s jurisdictional reach outside the state and whether disclosing biometric data to a vendor constitutes actual injury, say Karen Borg and Al Fowerbaugh at Porter Wright.

  • Making And Keeping Corporate Climate Commitments: Part 1

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    As pressure mounts on companies to commit to climate change initiatives, in-house compliance and legal teams have key roles in ensuring that climate goals are achievable and appropriately messaged, and that governance programs are in place to support their fulfillment and minimize risk, say attorneys at Kirkland.

  • Lesser-Known Litigation Funding Best Practices For Attorneys

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    Following the American Bar Association's recent publication of third-party litigation funding guidance, Jiamie Chen and Dai Wai Chin Feman at Parabellum Capital outline some additional considerations, including the ethical limitations on single-case funding and the futility of economic prenegotiations between attorneys and their clients.

  • Opinion

    ADA Protects Lawyers With Disabilities, But We Must Do More

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    As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

  • Perspectives

    Legal Deserts Threaten Justice In Rural America

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    Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

  • Unusual TikTok Review Calls CFIUS Processes Into Question

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    The Committee on Foreign Investment in the United States has departed from established processes in its national security investigation of TikTok, with comments from across the Trump administration casting doubt on the interagency committee's confidentiality, apolitical nature and focus, says Paul Marquardt at Cleary.

  • Timing IPRs To Avoid Discretionary Denial Or Damages

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    For patent defendants determining how long they can wait to file parallel inter partes reviews to avoid discretionary denial under the Patent Trial and Appeal Board's recent Apple v. Fintiv ruling, a data-driven approach using recent district court and U.S. International Trade Commission timelines can provide guidance, say Syed Fareed and John Williams at Baker Botts.

  • CFAA Decision May Raise Bar On Scraping Liability

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    A D.C. federal court recently held in Sandvig v. Barr that the Computer Fraud and Abuse Act does not prohibit scraping publicly accessible portions of a website, even when doing so violates the website's terms of service, which is similar to the Ninth Circuit's 2019 hiQ v. LinkedIn decision and may influence scraping law in the coming years, say attorneys at ​​​​Perkins Coie.

  • Using Blockchain To Settle Trades Could Alter Litigation

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    On the heels of Paxos Trust's and the Depository Trust Clearing Corp.’s recent interest in using distributed ledger technology to settle equities trades, analysts at The Brattle Group explore how having a record of every transaction can help answer a thorny damages question in securities class actions.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

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