Technology

  • October 18, 2019

    Full 9th Circ. Won't Review Facebook Face-Scan Ruling

    The Ninth Circuit on Friday denied Facebook Inc.'s bid for rehearing en banc in a class action challenging its face-scanning practices, despite arguments by the social media giant and business groups that a panel's August decision permitting the biometric privacy claims to proceed to trial could allow for "draconian liability."

  • October 18, 2019

    Why Businesses Shouldn't Sleep On Nev.'s Privacy Law

    A new law that allows Nevada residents to opt out of the sale of their data isn't garnering as much attention as California's broader looming privacy rules, but attorneys say the risk of regulatory enforcement — including for future data sales — should encourage companies to keep the regulation on their radar. 

  • October 18, 2019

    Match Looks To Swipe Left On FTC Misleading Dating Ads Suit

    Match Group Inc. on Thursday tore into a Federal Trade Commission suit alleging the online dating service company employed a slew of unfair practices to ensnare customers, urging a Texas federal court to toss what Match deemed a "classic example of government overreach."

  • October 18, 2019

    Justices' Cert Denial Won't Quell Circuit 'Pingpong' Matches

    The U.S. Supreme Court’s refusal earlier this month to consider an electronics manufacturer’s appeal finally put an end to an antitrust suit alleging patent fraud, but experts say it may have done little to head off similar jurisdictional "pingpong" matches that bounce cases between the Federal Circuit and other appellate courts.

  • October 18, 2019

    DC Court Won't Block No-Bid Sports Betting Contract

    A Washington, D.C., superior court judge has ruled that he won't block a $215 million contract for sports betting that the city awarded to its current lottery, going against another judge's earlier ruling that found a business owner suing over the decision was likely to succeed in his case.

  • October 18, 2019

    Tech Consultant Sues AT&T Over 'Egregious' $1.8M Hack

    An Emmy Award-winning media and technology consultant sued AT&T for allegedly allowing hackers with help from inside the phone company to steal more than $1.8 million from him, calling the incident “an egregious violation of the law and its own promises.”

  • October 18, 2019

    11 Firms To Guide 8 IPOs Seeking $826M

    Eleven law firms are set to guide eight initial public offerings that could raise about $826 million during the week of Oct. 21, steering a relatively busy slate of mostly smaller IPOs, led by a certain company, a fertility benefits manager and a biotechnology firm.

  • October 18, 2019

    Crypto Co. Parent Seeks Own Exit From Market 'Hijacking' Suit

    Bitmain Technologies Holding Co. asked a Florida federal judge on Thursday to dismiss it from claims that its bitcoin mining subsidiaries hijacked a cryptocurrency software upgrade to wrest control of the Bitcoin Cash network.

  • October 18, 2019

    Apple Pays $6.6M To End Suit Over IPhone 4S Update Glitch

    A California judge on Friday approved Apple Inc.’s $6.6 million deal to resolve a putative class action alleging the tech giant issued iPhone 4S system updates that caused Wi-Fi and Bluetooth connectivity issues, despite expressing concerns over the settlement participation rate.

  • October 18, 2019

    Speedy FCC Process May Keep Tribes Out Of 2.5 GHz Band

    Some tribal and educational advocates expressed concern Friday that the Federal Communications Commission is undercutting a planned spectrum giveaway to Native American communities by giving them too little time and information to claim the resources.

  • October 18, 2019

    Huawei Says Gov't Has Limited Powers To Punish Cos.

    Huawei Technologies told a Texas federal court that the U.S. has wrongly argued that constitutional clauses limiting the government's power to punish individuals without a trial do not apply to corporations.

  • October 18, 2019

    PTAB Told To Weigh Invalid Claim Language In Ethicon Patent

    The Patent Trial and Appeal Board grappled Thursday with whether it should apply the original language of a claim in an Ethicon robotic surgical stapler patent, or corrected language that was approved by the Patent and Trademark Office but invalidated by a district court.

  • October 18, 2019

    Big Tech’s Data Hoards Hurt Competition, FTC Official Says

    The Federal Trade Commission should wield its statutory power more aggressively to probe the impacts on competition and privacy as tech platforms like Facebook and Amazon amass huge stores of consumer data, a Democratic commissioner told Congress on Friday.

  • October 18, 2019

    Rising Star: Wachtell's Raaj Narayan

    Wachtell Lipton Rosen & Katz partner Raaj Narayan has helped guide several large deals on behalf of technology companies, including Hewlett Packard Enterprise’s $8.8 billion cross-border spinoff and Salesforce’s $15.7 billion purchase of Tableau, earning him a spot as one of four technology law Rising Stars honored by Law360.

  • October 18, 2019

    Health Hires: White & Case, Epstein Becker

    White & Case has nabbed a former Cooley LLP partner, Epstein Becker has landed a former vice president of Demira Inc. and Stoke Therapeutics has hired a new chief legal officer, headlining Law360’s latest roundup of personnel moves in the health care and life sciences arena.

  • October 18, 2019

    Apple, Cisco Ask Justices To Toss Dispute Over 1-Line Orders

    Apple and Cisco Systems have urged the U.S. Supreme Court to throw out SPIP Litigation Group’s petition claiming that the Federal Circuit wrongly offered no explanation when it upheld a lower court finding that the tech giants didn't infringe its internet voice-calling patents.

  • October 18, 2019

    Dish Takes $61M Telemarketing Verdict To High Court

    Dish Network has asked the U.S. Supreme Court to throw out a $61 million jury verdict against the telecom giant over telemarketing calls, arguing that it faces “eye-popping liability” for consumers who didn’t even pick up the phone.

  • October 17, 2019

    Facebook Asks High Court To Weigh TCPA's Constitutionality

    Facebook is pressing the U.S. Supreme Court to take up the hot-button issues of what constitutes an autodialer under the Telephone Consumer Protection Act and whether the statute's blanket ban on autodialed calls is unconstitutional in urging the review of a dispute over its security texts.  

  • October 17, 2019

    'Incompetence' Fueled CPSC Data Breaches: Senate Report

    The Consumer Product Safety Commission's improper release of nonpublic data about manufacturers and consumers was caused by "incompetence and mismanagement" rather than any deliberate malfeasance by the commission's staff, a U.S. Senate Commerce Committee probe has found. 

  • October 17, 2019

    Tech Support Fraudster Gets 1½ Years For Pop-Up Ad Scheme

    A man who admitted to running the day-to-day operations of a fraudulent tech support call center in Costa Rica has been sentenced to 18 months in prison, federal prosecutors in Illinois announced Wednesday.

  • October 17, 2019

    New USPTO Patent Eligibility Guidance Aims For More Clarity

    The U.S. Patent and Trademark Office on Thursday updated its guidance to examiners on how to determine if patent applications contain ineligible material like abstract ideas, saying it wanted to further clarify eligibility procedures it unveiled earlier this year.

  • October 17, 2019

    Foreign Co. Looks To Untangle EDTX Jurisdiction Confusion

    A patent dispute the Federal Circuit is being asked to consider has highlighted questions about lower courts' ability to hear certain patent cases, with one foreign company taking issue with the "self-serving" way the Eastern District of Texas has applied the law. 

  • October 17, 2019

    11th Circ. Lets AT&T Off The Hook Over Soured Deal

    AT&T can't be sued in Georgia for failing to make good on its promises to fund the launch of an online news streaming company because the startup waited too long to bring the suit, the Eleventh Circuit has decided.

  • October 17, 2019

    Chinese Tycoon's Creditor Wants His 'Sham' Ch. 11 Tossed

    A Shanghai-based company seeking to enforce a roughly $11 million arbitral award against Chinese tycoon Jia Yueting told the Delaware bankruptcy court Thursday that his personal Chapter 11 case should be tossed because it was filed in "bad faith" and flagrantly abuses bankruptcy law.

  • October 17, 2019

    TransPerfect Hit With $30K Per Day Sanction Over Nevada Suit

    Delaware's Chancellor ordered TransPerfect Global Inc. and co-founder Philip Shawe to pay a $30,000-per-day contempt of court sanction Thursday if they don't dismiss a suit in Nevada over custodian billings that was filed despite an order establishing the Chancery Court's exclusive jurisdiction following a forced company sale.

Expert Analysis

  • The Surprises In Proposed Calif. Consumer Privacy Regs

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    As businesses prepare for the California Consumer Privacy Act, effective Jan. 1, they should be particularly aware of the new requirements contained in the proposed regulations recently issued by the California Attorney General’s Office, say Gretchen Ramos and Kate Black of Greenberg Traurig.

  • Opinion

    Qualcomm Courts Must Fully Weigh DOJ Nat'l Security Claim

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    If a California federal court's antitrust holding in Federal Trade Commission v. Qualcomm stands, courts must ensure that due consideration is afforded to the U.S. Department of Justice's claim that national security considerations are relevant to fashioning a remedy in the public interest, says David Turetsky of the University at Albany.

  • New Data Shows BigLaw's True Profitability

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    Based on an analysis adjusting BigLaw operating income and revenue to account for equity partners and taxes, the profitability of firms is lower than commonly thought, says Madhav Srinivasan at Hunton.

  • The Circuit Split On ERISA's Actual Knowledge Standard

    Excerpt from Lexis Practice Advisor
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    For cases alleging a breach of fiduciary duty, federal courts of appeals are split on the so-called actual knowledge standard for the Employee Retirement Income Security Act's statute of limitations, but the U.S. Supreme Court’s review of Intel v. Sulyma may soon bridge the divide, say attorneys at Ropes & Gray.

  • Cross-Border Employers Face Critical GDPR Risks

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    Global companies need to understand the territorial scope of the European Union’s General Data Protection Regulation and how its concomitant requirements may be triggered when employees are recruited, hired or transferred internationally, say Jordan Fischer of XPAN Law and Michele Madera of Klasko Immigration.

  • Self-Driving Vehicles' Neural Networks Present IP Conundrum

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    While autonomous vehicles' use of artificial intelligence through neural networks is highly innovative, the position of these networks within intellectual property has yet to be cemented, and a debate is ongoing as to whether they are best protected by patent, database rights or copyright, say Rajvinder Jagdev and Lin Liu of Powell Gilbert.

  • More ADA Lawsuits Targeting Mobile Apps Are Likely Ahead

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    Following the U.S. Supreme Court’s decision last week not to hear Robles v. Domino’s, cases alleging Americans with Disabilities Act violations against mobile apps are likely to increase and remediation plans will be needed to limit exposure, says Nicole Smith at Rumberger Kirk.

  • US-UK Agreement Expands DOJ Access To Tech Data

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    The new U.S.-U.K. CLOUD Act agreement — which allows each country to demand electronic data directly from tech companies located in the other country — highlights the U.S. Department of Justice’s larger efforts to streamline the process by which the government can obtain evidence located abroad, says Brendan Quigley of Baker Botts.

  • PTAB Sheds Light On Its Discretion To Hear IPRs

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    The Patent Trial and Appeal Board’s designation of recent decisions as precedential and informative reveals that the board is becoming increasingly stricter in instituting inter partes review and cautions petitioners against piling up prior art and not clearly describing how the prior art applies, says Irah Donner of Manatt.

  • How AI Is Shaping FDA Medical Device Regulation

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    In this short video, Ben Haas and Elizabeth Richards of Latham discuss the U.S. Food and Drug Administration's recent efforts to account for artificial intelligence and real-world evidence in its medical device approval process.

  • Fed. Circ. Quarrel Highlights Need For Patent Eligibility Clarity

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    The recent Federal Circuit decision in American Axle v. Neapco reflects the court's ongoing struggle over applying Section 101 of the Patent Act and reveals that action needs to be taken, whether by Congress or the U.S. Supreme Court, say Anthony Fuga and Steven Jedlinski of Holland & Knight.

  • Opinion

    Courts Keep Rejecting Litigation Funding Discovery Campaign

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    As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • Revising Cloud Contracts In Light Of Capital One Cyberattack

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    In 2019, there have been 3,494 cyberattacks against financial institutions, including, most notably, Capital One. Until regulatory action is taken, financial institutions, which are on their own when it comes to addressing potential cloud service risks, should incorporate liability and security provisions into cloud service contracts, say Nicholas Smith and Rita Ganguli of Milbank.

  • Stats Show Expert Declarations Can Help Avoid AIA Institution

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    An examination of more than 1,300 Patent Trial and Appeal Board cases, analyzing the effect of expert declarations on America Invents Act institution rates, reveals that including expert declarations reduces the aggregate institution rate for inter partes and post-grant reviews, says Brian Koide of Dunlap Bennett.