Technology

  • December 11, 2019

    Oracle's Pay Unequal By Up To $800M, Economist Testifies

    Oracle underpaid female, Asian and African American employees, a University of Pennsylvania labor economist testified on Wednesday in an administrative trial over the U.S. Department of Labor's gender and race pay equity claims, estimating that damages stemming from the underpayment could reach up to $800 million.

  • December 11, 2019

    Del. Justices Dismayed By Lack Of Record In Forum Dispute

    The Delaware Supreme Court on Wednesday pressed both sides in a battle for control of a Delaware-chartered tech company over missing pieces on foreign law in the record of a dispute that the Chancery Court said ought to be waged in Austria.

  • December 11, 2019

    Dems Call Out McConnell For Blocking Vote On Net Neutrality

    Senate Majority Leader Mitch McConnell is blocking a bill that would reinstate net neutrality from coming to a vote because he knows it will pass, a coalition of Democrats said this week in an attempt at holding the majority leader’s feet to the fire.

  • December 11, 2019

    Calif. Consumers Defend TCPA Suit Against Pot Software Co.

    Two consumers who filed a proposed class action claiming they received unsolicited texts from a cannabis industry software company urged a California federal judge not to toss their claims, saying the court has personal jurisdiction in the matter and rejecting the company's argument that they failed to state a claim.

  • December 11, 2019

    Sprint/T-Mobile Trial Judge Weighs Harm Claim Of $4B-$8B

    A Manhattan federal judge on Wednesday questioned the lead economics expert for a coalition of states challenging T-Mobile's proposed merger with Sprint, hearing claims that consumers could suffer billions in harm from a lack of competition in the U.S. wireless market.

  • December 11, 2019

    Senate Panel Advances Divisive Spectrum Bill On Party Lines

    A Senate bill that dictates where C-Band spectrum auction revenues should go is headed to the floor after a party-line vote Wednesday, as Republicans batted down Democrats’ arguments that the measure gives satellite companies a massive payout for vacating spectrum they don't own. 

  • December 11, 2019

    Philips Urges ITC To Investigate Fitbit, Garmin Wearables

    Philips has asked the International Trade Commission to investigate whether Fitbit, Garmin and others are infringing four of its patents with their wearable device imports.

  • December 11, 2019

    Chinese Prof Keeps Huawei-Funded Wilson Sonsini Attys

    A Chinese professor accused of conspiring with China-based tech giant Huawei Technologies Co. Ltd. to steal information from a California semiconductor startup told a Brooklyn federal judge Wednesday that he will keep his Huawei-funded lawyers from Wilson Sonsini despite snags that could arise from the arrangement.

  • December 11, 2019

    Microsoft Wins PTAB Review Of Uniloc Data Patent

    The Patent Trial and Appeal Board will review several claims in a Uniloc data delivery patent following a challenge from Microsoft.

  • December 11, 2019

    Fed. Circ. Won't Redo Capital One's IP Firm Antitrust Ruling

    The Federal Circuit is standing firm on its decision barring Capital One from pursuing antitrust claims against patent licensing firm Intellectual Ventures, despite federal regulators' concerns over the lower court decision the panel has left intact.

  • December 11, 2019

    Venable Picks Mintz Veteran To Helm Telecom Group

    A telecom expert with more than two decades of experience counseling cable, broadband and other providers on regulatory issues has left Mintz to head up Venable’s communications practice in Washington, D.C.

  • December 11, 2019

    Sidley Helps Deutsche Bank With $294M Manhattan Loan

    Sidley Austin LLP represented Deutsche Bank in connection with its roughly $294.2 million loan to an Oxford Properties Group entity for a commercial condo unit at Hudson Square in Manhattan, according to records made public in New York on Wednesday.

  • December 11, 2019

    9th Circ. Won't Revive Ex-Abbott Worker's Benefits Challenge

    The Ninth Circuit has upheld a lower court's finding that Abbott Laboratories Inc. didn't violate ERISA when it concluded that a former clinical research associate was able to work and cut off her disability benefits.

  • December 11, 2019

    Pamplona Leads $200M Injection For Streaming Workout Biz

    The iFit unit of fitness equipment maker Icon Health & Fitness Inc. has raised $200 million from a group of private investors led by Pamplona Capital Management, with plans to use the capital for advertising and to expand its offerings, Icon Health said Wednesday.

  • December 11, 2019

    Fitbit Says Philips' Health-Tracking IP Fails Under Alice

    Fitness tracker company Fitbit is doubling down on its bid to toss out a lawsuit brought by Philips over Philips' patented health-tracking technology, saying that the patent claims cover abstract ideas under the U.S. Supreme Court's Alice test.

  • December 10, 2019

    Female Engineer Says Oracle Fired Her After Pay Pushback

    A female engineer formerly employed by Oracle testified Tuesday in an administrative trial over the U.S. Department of Labor's claim that Oracle underpaid women and minorities by $400 million, saying that after she requested a salary review, her manager yelled at her, passed her over for promotion and eventually fired her.

  • December 10, 2019

    Telekom Execs Deny Less Competition Was Aim In Sprint Deal

    Top Deutsche Telekom executives denied Tuesday that a long-standing rationale for the merger of Sprint and T-Mobile was to reduce price competition in the U.S. wireless market, disputing claims by a coalition of states challenging the tie-up in New York federal court.

  • December 10, 2019

    PTAB Skeptical Nintendo Didn’t Clear Evidence Bar In IP Row

    A Patent Trial and Appeal Board panel pushed back Tuesday against a California gaming product company’s argument that Nintendo didn’t meet its burden to invalidate a patent covering a gaming controller for mobile devices.

  • December 10, 2019

    Venture Capital, Startup Pro Joins Michael Best In Chicago

    Michael Best & Friedrich LLP has hired an attorney who counsels clients through all of their companies' startup phases to beef up the roster in its Chicago office, the firm has announced.

  • December 10, 2019

    House Votes To Renew Part Of Satellite TV Law

    The U.S. House of Representatives on Tuesday easily voted to make permanent a requirement that broadcasters and pay-TV platforms bargain in good faith over program carriage agreements.

  • December 10, 2019

    Congress Threatens Tech Cos. With Encryption Legislation

    The head of the U.S. Senate Judiciary Committee warned tech giants on Tuesday that Congress may force them to allow law enforcement access to encrypted communications, as bipartisan lawmakers complained that criminals were using encryption to elude the authorities.

  • December 10, 2019

    Legal Secretary Jobs Expected To Vanish In UK

    The legal secretary in the United Kingdom will begin to go the way of the elevator operator by 2027, as technology improvements and changing expectations toward support staff are expected to lead to a two-thirds reduction in employment for the position, according to a recent report.

  • December 10, 2019

    3 Firms Steer Vertiv's Go-Public Deal With Blank Check Co.

    Digital infrastructure company Vertiv said Tuesday it plans to go public by merging with a blank check company in a transaction steered by Skadden, Morgan Lewis and Gibson Dunn.

  • December 10, 2019

    Poland Accuses Online Retail Site Allegro Of Antitrust Abuses

    Poland’s competition watchdog said Tuesday it has opened an investigation into Allegro, the country’s most popular online shopping platform, over allegations that the company uses exclusive site tools to box out competing sellers.

  • December 10, 2019

    PTAB Upholds Bulk Of LED Technology Patent

    The Patent Trial and Appeal Board on Tuesday invalidated a handful of claims from a Document Security Systems Inc. patent covering LED technology, but upheld the vast majority of the patent.

Expert Analysis

  • Inside High Court Debate Over Bar On IPR Appellate Review

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    In Monday's U.S. Supreme Court oral arguments in Thryv v. Click-To-Call, several justices seemed concerned about how the provision of the Patent Act precluding appeal of timely filed inter partes reviews affects the presumption in favor of judicial review of an agency's interpretation of its limiting statute, says Julianne Hartzel of Marshall Gerstein.

  • Strategies To Maintain Privilege In Crisis Response Scenarios

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    In several recent cases, courts have overridden claims that attorney-client privilege applies to communications with public relations firms in connection with litigation and to documents generated in internal investigations, but businesses can use several best practices to avoid the potential risk of waiving privilege, say attorneys at Ropes & Gray.

  • Algorithmic Tacit Collusion Is A Limited Threat To Competition

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    A recent economic study indicating that an algorithm can learn to tacitly collude is of interest to the global antitrust community and highlights some practical limitations to algorithmic collusion, including that competitors may not use algorithms at all, as well as opportunities for algorithmic compliance, says Ai Deng of NERA Economic Consulting.

  • Justices Weigh 'Actual Knowledge' Practically In ERISA Case

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    The U.S. Supreme Court justices seemed to leave recent arguments in Intel v. Sulyma without any ambiguity on the meaning of “actual knowledge” under the Employee Retirement Income Security Act's three-year time bar, says Michael Valerio at Drinker Biddle.

  • Slack's Direct Listing Tests Limits Of Securities Act

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    Amid an evolving initial public offering market, Slack Technologies’ recent direct listing and resulting shareholder litigation highlight tension between listing requirements and potentially dated Securities Act investor protections, say attorneys at Labaton Sucharow.

  • How To Ward Off Nonclient Suits Over Lawyers' Speech

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    Because lawyers are often sued by nonclients based on public statements they have made, lawyers should be trained to avoid potentially actionable statements when speaking and writing, and they should also understand the overarching defenses against such lawsuits, says Matthew O’Hara at Freeborn & Peters.

  • Product Liability Claims Can Be A Global Threat To Cos.

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    When allegations of product risks related to health, safety or the environment spread from one jurisdiction to countries around the world, they can lead to both policy responses and mass litigation that can jeopardize companies' business models, says Sylvie Gallage-Alwis of Signature Litigation.

  • Counterfeit Good Policing In 2019 Was Redefined By Tech

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    The Organization for Economic Cooperation and Development's recent report that counterfeit goods make up 3.3% of world trade reveals that counterfeiting, abetted by e-commerce, continues to evolve and grow, but brand owners', industry groups' and governments' collaborative use of technology to combat it shows promise, says Donna Schmitt of Armstrong Teasdale.

  • State Net

    What State Lawmakers Will Be Focused On In 2020

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    A number of issues are expected to figure prominently on state legislative agendas in the coming year, including subjects as diverse as election reform, 5G technology, online marketplaces and insurance fraud, says Korey Clark of State Net Capitol Journal.

  • Opinion

    Can We Get An Administration Standard On Tech Standards?

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    It is time for the U.S. Patent and Trademark Office's director to join the assistant attorney general in reevaluating the FRAND injunction policy regime to develop a balanced position that is fairer to everyone and ensures that the system stimulates economic growth and job creation in emerging technologies, says Robert Stoll of Drinker Biddle & Reath.

  • 'Blocking Patent' Doctrine May Now Apply To All Technologies

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    Although the U.S. Supreme Court recently denied certiorari in Acorda Therapeutics v. Roxane Laboratories, which sought review of the “blocking patent” doctrine, expecting the doctrine’s appearance in obviousness cases across all technologies is logical and will undoubtedly speed the development of the law on a number of unanswered questions, says David Manspeizer of Squire Patton Boggs.

  • What Is A 'Reasonably Useful Form' For Production Of ESI?

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    While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • Renewable Power Co. Hack Highlights Security Concerns

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    The North American Electric Reliability Corporation's recent report on a first-of-its-kind cyberattack against renewable energy provider sPower calls attention to the need for energy companies to use both technology and human skills to defend against evolving threats, says Jack Pringle of Adams and Reese.

  • Innovative Collaborations Require Antitrust Flexibility

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    Joint initiatives by companies active in the same industry are much needed to tackle major challenges like sustainability and digital transformation, but such partnerships may require special exemptions from international antitrust authorities, says Tilman Kuhn of White & Case.

  • Congress, DOT Paving The Way For Autonomous Vehicles

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    Congressional committees' emerging consensus on a bill regulating autonomous vehicles, and U.S. Department of Transportation action to facilitate broader AV testing and deployment, suggest growing momentum for federal AV legislation that will provide certainty for the industry, say attorneys at Akin Gump.