Technology

  • November 22, 2017

    Bumpy Ride Ahead For Uber After Data Breach

    Heavy legal traffic lies ahead for Uber as the ride-sharing giant reckons with fallout from a massive hack that exposed personal data of 57 million users worldwide. The $70 billion company is at risk for enforcement actions in the U.S and around the globe for waiting over a year to disclose an October 2016 breach that the company paid hackers $100,000 to keep quiet.

  • November 22, 2017

    Google, YouTube Seek Quick Win In Video Takedown Suit

    A recent California appeals court ruling means YouTube doesn’t defame users when it tells viewers a video has been removed for violating its terms of service, the company told a California federal court Tuesday, seeking a quick win in a rancorous suit over a music video.

  • November 22, 2017

    PTAB Says 2 Ad Patents Not Eligible For CBM Review

    The Patent Trial and Appeal Board has refused Yahoo's request that it review two of AlmondNet's advertising patents, finding Wednesday the patents weren't eligible for the covered business method review program because they don't claim a method related to a financial activity.

  • November 22, 2017

    State AGs Grill Uber Over Theft Of Data On 57M Riders

    Massachusetts Attorney General Maura Healey said Wednesday on Twitter that she is investigating Uber Technologies Inc. for last year’s cyberattack, while New Mexico Attorney General Hector H. Balderas demanded answers to a list of questions he sent to the company about the breach, in which Uber said hackers stole personal data on 57 million riders.

  • November 22, 2017

    Justices Urged To Hear If Courts Can Nix Patents Over Alice

    Several patent holding companies banded together to urge the U.S. Supreme Court on Tuesday to hear a case that challenges whether lower courts can invalidate patents because they cover an abstract idea or other subject matter that is ineligible for a patent.

  • November 22, 2017

    Intel, Lawmakers, Others Urge 9th Circ. To Block Travel Ban

    Technology companies such as Microsoft and Intel, several law groups and dozens of members of Congress were among the entities that filed briefs with the Ninth Circuit on Tuesday and Wednesday supporting challengers to the Trump administration’s proposed travel ban for nationals of several predominantly Muslim countries into the U.S.

  • November 22, 2017

    Breaking Down Waymo's Trade Secrets Trial With Uber

    Google's driverless car spinoff Waymo will face off in one week against Uber over its claims that the ride-hailing behemoth stole billion-dollar Waymo technology that could tilt the future of the nascent self-driving car industry when it acquired a former Waymo engineer's startup. Here, Law360 takes a look at the case in advance of the trial.

  • November 22, 2017

    SPACs Grabbing Bigger Share Of IPO Market

    Initial public offerings by special purpose acquisition companies are growing at their most robust clip since before the financial crisis, giving more visibility to a once remote corner of the IPO market.

  • November 22, 2017

    Lyft Gets Permit To Test Self-Driving Cars In California

    Lyft Inc. recently became the latest company, and 45th overall, to receive a permit to test self-driving vehicles in California, according to the state's Department of Motor Vehicles.

  • November 22, 2017

    Fed. Circ. Clears Apple In Computer Bootup Patent Case

    The Federal Circuit on Wednesday upheld a lower court’s ruling that Apple iPhones and iPods do not infringe a patent on techniques for initializing a computer system, ruling that the tech giant’s products operate in a different way from the patent.

  • November 22, 2017

    Gov't Watchdog Criticizes OMB's Oversight Of IT Investments

    A government watchdog agency took exception Tuesday to the way the Office of Management and Budget conducts oversight on critical information-technology investments from the government, saying the office was too slow in releasing required reports, among other critiques.

  • November 22, 2017

    What To Watch As Supreme Court Tackles Location Privacy

    The U.S. Supreme Court is gearing up to hear arguments on Nov. 29 in a privacy case that has the potential to set a definitive standard for how both the government and private companies can use individuals' location data, and attorneys say there are several important questions to be on the lookout for to help determine how the justices may rule.

  • November 22, 2017

    FCC Not Cooperating In 'Fake' Comments Probe, NY AG Says

    New York Attorney General Eric Schneiderman blasted the Federal Communications Commission in a letter Tuesday, saying the agency has refused to cooperate in an investigation into allegedly false comments on its upcoming net neutrality order.

  • November 22, 2017

    Evolving Tech Drives New Risks For Transpo Cos.

    Technological advancements and changing consumer demands are forcing transportation companies to streamline their operations to stay competitive, and experts warn that adapting to the changing landscape means tackling new legal risks. Here, Law360 examines some emerging technology in the transportation sector.

  • November 21, 2017

    Uber Admits Hackers Stole Data On 57 Million Riders

    Uber admitted Tuesday that hackers stole personal data on 57 million riders worldwide, in a breach the company did not disclose for over a year.

  • November 21, 2017

    What We Know About The Upcoming Net Neutrality Vote

    The Federal Communications Commission revealed its plans Tuesday to vote on the proposed rollback of net neutrality protections at its December open meeting. The substance of the proposed order is expected to be unveiled Wednesday, but FCC commissioners and senior officials have already painted the broad strokes of what a net neutrality rule repeal will look like. Here's what we know about the upcoming Restoring Internet Freedom vote.

  • November 21, 2017

    2nd Circ. Won't Revive NBA 2K Face Scans Suit

    A Second Circuit panel affirmed Tuesday that NBA 2K players were not injured by the video game’s collection and retention of scans of their faces, but it found the case should have been dismissed without prejudice to give the players the opportunity to renew their state law claims alleging violations of Illinois' privacy law.

  • November 21, 2017

    Fed. Circ. Nixes $2.2M Award In Circuit Patent Case

    The Federal Circuit on Tuesday set aside $2.2 million in damages that Presidio Components Inc. won in a patent suit against rival American Technical Ceramics Corp. over electrical capacitors, finding that Presidio failed to prove it was entitled to recover lost profits.

  • November 21, 2017

    What To Watch As High Court Weighs PTAB Partial Decisions

    The U.S. Supreme Court will hear arguments Monday over the Patent Trial and Appeal Board's process for instituting review of patents, an appeal that could end up having a far-reaching impact. Here, Law360 takes a look at how the Supreme Court's decision could benefit patent owners and petitioners, and what consequences it may have for the PTAB.

  • November 21, 2017

    Deals Rumor Mill: AppLovin, Nestlé, SQM

    AppLovin and China’s Orient Hontai are altering their $1.4 billion deal to try to pass regulatory muster, Nestlé is among those wooing U.S. organic and vegetarian food maker Hain Celestial, and multiple suitors are vying for a roughly $4.8 billion stake in a Chilean lithium producer.

Expert Analysis

  • Amicus Arguments For And Against Inter Partes Review

    Thomas King

    In Oil States v. Greene’s — set for oral argument on Monday — more than 50 amicus briefs have been filed with the U.S. Supreme Court, representing a substantial share of the U.S. GDP. The issues presented are weighty, including concerns regarding separation of powers and the limits of the administrative state, the impact of inter partes reviews on the patent system, and the application of originalism to 18th century patent practice... (continued)

  • How Blockchain Could Change The Energy Industry: Part 2

    Caroline Stewart

    Incorporating blockchain technology into the energy marketplace poses considerable challenges. Blockchain developers must proceed in the face of regulatory uncertainty, while regulators must address reliability, stability and security concerns. But in the end, it is likely that the opportunities will outweigh the obstacles, says Caroline Stewart of Vinson & Elkins LLP.

  • Inventorship Considerations In Omnibus Patent Applications

    Peter Sleman

    Ericsson recently announced that it had filed a “landmark” patent application that covers a “complete architecture for the 5G network standard” and includes 130 inventors. Patent prosecutors across the country likely trembled at the mention of 130 inventors in a single application — and for good reason, says Peter Sleman of Wei & Sleman LLP.

  • 4 Data-Scraping Lessons From 7th Circ. Ruling

    Benjamin Byer

    Although the Seventh Circuit recently vacated a preliminary injunction that required two competing software companies to allow a third-party data scraper access to their sites and data, the case highlights the complex intersection of big data, copyright, antitrust and the Computer Fraud and Abuse Act, says Benjamin Byer of Davis Wright Tremaine LLP.

  • Initial Coin Offerings May Face A Global Crackdown

    Paul Anderson

    In recent years, initial coin offerings have exploded into the spotlight, but following their recent ban in China and South Korea, and mobilization from a number of top financial regulators in the U.S., U.K. and Australia, it is almost certain that we will see rapid developments in ICO regulation, say Paul Anderson and Harriet Rogers of Squire Patton Boggs LLP.

  • How Blockchain Could Change The Energy Industry: Part 1

    Caroline Stewart

    Blockchain technology has expanded far beyond cryptocurrencies and into the energy sphere, enabling peer-to-peer payment and potentially catalyzing distributed energy resources. But full integration of blockchain will require confronting a complex energy regulatory landscape, as well as reliability, security and stability concerns, says Caroline Stewart of Vinson & Elkins LLP.

  • Roundup

    Judging A Book

    Alexander Hamilton and the Development of American Law

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Deflating Uber's 'Puffery' Defense On Safety Claims

    Thomas Dickerson

    Uber and taxi companies in California, Texas and New York are debating whether Uber's use of words like "safe" and "safety" is misleading and deceptive or mere "puffery." Conflicting rulings from federal courts suggest litigation on this issue will continue, says retired New York State Supreme Court Associate Justice Thomas Dickerson.

  • 4th Circ. Bypasses Review Standards In Top-Hat Plan Suit

    Marianna Jasiukaitis

    In Plotnick v. Computer Sciences, the Fourth Circuit recently addressed the circuit split over the standard of review applicable to plans providing benefits for highly paid executives, but ultimately found that distinguishing between competing standards of review was unnecessary, says Marianna Jasiukaitis of Funk & Bolton PA.