• February 21, 2017

    IPhone Unlock Request In Child Porn Probe Too Broad: Judge

    An Illinois federal judge has refused to allow the federal government to force anyone present at the premises linked to a child pornography probe to provide fingerprints to unlock iPhones or other Apple devices that investigators may turn up, ruling the lack of specifics doomed the sweeping request.

  • February 21, 2017

    New Zealand Court OKs Kim Dotcom's Extradition To US

    A New Zealand court on Monday ruled that Megaupload Ltd. founder and accused online piracy kingpin Kim Dotcom can be extradited to the U.S., saying while Dotcom's alleged copyright offenses don't warrant removal to the U.S., he can still be extradited for fraud.

  • February 21, 2017

    Obama Admin Cybersecurity Adviser Joins McGuireWoods

    Retired Navy Cmdr. Michael J. Adams, who worked for the Obama administration as a top legal adviser to the chairman of the Joint Chiefs of Staff specializing in cybersecurity, has joined McGuireWoods LLP as a partner in its data privacy and security team, the firm said Tuesday.

  • February 21, 2017

    Senator Questions Border Electronics Searches

    A U.S. senator on Monday questioned the government’s authority to collect information from people detained at U.S. borders in response to media reports that U.S. Customs and Border Protection officers may be asking for cell phone passcodes and social media handles.

  • February 21, 2017

    ATopTech Ch. 11 Stalking Horse Protections Shot Down

    Bankrupt ATopTech Inc.’s $1 million protection plan for a prospective buyer’s $8 million stalking horse bid was nixed in Delaware federal court on Tuesday, with a judge terming the company's 12.5 percent fee too high for the “low-ball” offer.

  • February 21, 2017

    Fed. Circ. Clarifies Scope Of AIA Business Method Review

    The Federal Circuit on Tuesday offered clarification on what patents qualify for the covered business method review program under the America Invents Act, explaining in a published opinion that the Patent Trial and Appeal Board was too broad in its definition of a computer-security patent and that the patent was ineligible for review.

  • February 21, 2017

    EU Regulators Lay Out Plan For Tackling Privacy Shield Rows

    Europe's data protection regulators on Monday rolled out a plan for addressing consumer complaints that arise under the new Privacy Shield pact that allows multinationals to transfer data between the EU and U.S., saying at least three authorities would be charged with weighing in on disputes within 60 days.

  • February 21, 2017

    Dem Lawmakers Call For New FCC Head To Act On Robocalls

    Sen. Edward Markey, D-Mass., led a group of nine senators in urging action from new Federal Communications Commission Chairman Ajit Pai to help consumers avoid robocalls, robotexts and telemarketing calls, praising the chairman’s commitment on the issue.

  • February 21, 2017

    New Bill Targets Warrantless GPS Tracking, Stingrays

    A bipartisan bill introduced in both houses of Congress on Wednesday would bar the tracking of a person using GPS technology without permission or a warrant — particularly law enforcement use of stingray technology that tricks phones into transmitting location information to a third party.

  • February 21, 2017

    GSA Watchdog Criticizes Tech Unit's IT Security Compliance

    A U.S. General Services Administration watchdog on Tuesday criticized the GSA's "startup" unit aimed at improving federal technology, 18F, saying it routinely ignored GSA security requirements for both the procurement and operation of information technology systems.

  • February 21, 2017

    Justices Won't Hear DuPont's Bid To Save Printing Patent

    The U.S. Supreme Court on Monday declined to hear a petition by DuPont that questioned whether the Federal Circuit correctly adhered to the U.S. Constitution when it upheld a lower court’s decision that granted a quick win to a printing company that contended a DuPont printing patent was obvious.

  • February 21, 2017

    Facebook Seeks 9th Circ. Take In Birthday Text Row

    Facebook asked a California federal judge Friday to certify for appeal his refusal to toss a putative class action claiming text message reminders about friends’ birthdays violate the Telephone Consumer Protection Act, saying the technology used to send the messages and the constitutionality of the law itself are both ripe for appeal.

  • February 21, 2017

    Uber Urges 3rd Circ. Not To Revive Unfair Competition Claim

    Uber Technologies Inc. has urged a federal appeals court to uphold the dismissal of a complaint filed by a group of Philadelphia taxicab companies alleging they’d been subjected to unfair competition after the ride-hailing service began operating in the city.

  • February 21, 2017

    Deals Rumor Mill: Aramco, Toshiba, Sinochem

    At least six banks have made proposals to be selected as an adviser on Aramco's potential $100 billion IPO, Toshiba hopes to bring in at least $8.8 billion through the sale of most of its flash memory business and Sinochem may sell its stake in a Brazilian offshore oilfield.

  • February 21, 2017

    Limited Exposure Dooms Nissan False Ad Class, Judge Says

    A California federal judge has refused to grant class certification to Nissan Infiniti owners who sued the automaker over entertainment systems that allegedly didn’t live up to advertised promises, finding that Nissan’s advertising wasn’t widespread enough to presume all possible class members actually saw and relied on it.

  • February 21, 2017

    Group Blasts Industry Move Against FCC Transparency Rules

    Broadband providers are inappropriately seeking to evade stepped-up transparency rules under an exemption meant for small providers, an open internet advocacy organization warned the Federal Communications Commission in a filing made public Friday, saying that their request for broad relief for all providers would effectively kill the rules.

  • February 21, 2017

    Xerox Asks Texas High Court To Limit $1B Medicaid Fraud Suit

    Xerox Corp. accused Texas of using a “web of lawsuits” to divide and conquer in a $1 billion civil Medicaid fraud suit over allegedly unneeded orthodontics, telling the Texas Supreme Court in a brief that the state had brought "coercive fraud suits" that need to be checked by the high court.

  • February 21, 2017

    Apple Fights $14.5B Tax Bill, Says Profits Belong To US

    Apple Inc. has claimed that the European Commission misunderstood Irish law and the role of its Irish units in developing intellectual property when the competition watchdog ordered the tech giant to pay approximately €13 billion ($14.5 billion) in back taxes, plus interest, to Ireland.

  • February 21, 2017

    Top 4 Groups Lobbying The FCC

    As Federal Communications Commission Chairman Ajit Pai approaches one month into his chairmanship, industry stakeholders have begun lobbying the new FCC, advocating on issues such as how to distribute universal service funds and make way for 5G infrastructure. Here, Law360 looks at the top four groups that have filed ex partes in the last month.

  • February 21, 2017

    Nasdaq Deal Signals Technology Revamp At Borse Dubai

    Nasdaq and Borse Dubai have signed a deal in which Nasdaq will provide the United Arab Emirates stock exchange owner with trading technology that Borse Dubai said Tuesday will power its expansion, improve post-trade services and attract more domestic and international capital.

Expert Analysis

  • Data Dexterity: The New Moat Of The Information Economy

    Brian H. Lam

    Over the past year, companies have used data-based competitive advantage, or “moats,” to drive astronomic acquisition prices. In this article, Brian Lam of Mintz Levin Cohn Ferris Glovsky and Popeo PC introduces the concept of “data dexterity” as the actual creator of data-based moats and analyzes the data interactions of LinkedIn, Dollar Shave Club and AppDynamics to illustrate how data dexterity exists in practice.

  • The Quadrennial Energy Review And Grid Security

    William Demarest, Jr.

    The most recent installment of the U.S. Department of Energy’s Quadrennial Energy Review includes a number of recommendations for physical and cybersecurity protection of the nation's power infrastructure. Although the report recommends developing and implementing "necessary" security measures, it provides limited details in some areas, and does not identify revenue sources for some initiatives, say attorneys from Husch Blackwell LLP.

  • Civil Litigation Outlook For 2017

    Reid Schar

    Several areas of civil litigation appear poised for growth this year, including securities class action activity, which could outpace even the significant 2016 levels, and trade secret litigation, which could see further growth in the coming year under the Defend Trade Secrets Act. Meanwhile, as companies increasingly face the specter of data breaches, several developments in 2017 could bring greater clarity to this area of the law... (continued)

  • How The GDPR Will Impact Life Sciences And Health Care

    Rohan Massey

    The European Union's General Data Protection Regulation will considerably increase the sanctions and penalties that can be imposed on organizations that breach its requirements. The implications for organizations operating in the life sciences and health care sectors are likely to be particularly far-reaching, say attorneys with Ropes & Gray LLP.

  • Illinois Biometrics Legislation Sets Trend

    Kathryn E. Deal

    Litigation under Illinois’ Biometric Information Privacy Act has included putative class actions against corporate defendants ranging from some of the largest social media and technology companies to a daycare center. Now the Connecticut, New Hampshire, Washington and Alaska legislatures have also proposed bills that would regulate the collection, retention and use of biometric data, say attorneys with Drinker Biddle & Reath LLP.

  • US Patent Practice Drifting Toward Approach Prevalent Abroad

    Gurneet Singh

    Post-Alice cases on technical problems and technical solutions show that a problem-solution standard similar to the one adopted in Europe, Australia, China and Japan is seeing express endorsement by U.S. courts adjudicating Section 101 challenges, say Gurneet Singh and Harold Laidlaw of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Debating Anti-Rebate And Inducement Laws In Washington

    Shawn Hanson

    Last month, the Washington state Senate introduced a bill that would amend its anti-rebate and inducement laws to allow insurers to offer free goods and services. Supporters argue that Washington is the only state in the country to force consumers to pay for technology that is free everywhere else, while opponents have expressed concern for fair competition, say Shawn Hanson and Crystal Roberts of Akin Gump Strauss Hauer & Feld LLP.

  • Google Warrant Case Vs. Microsoft Warrant Case

    Philip J. Bezanson

    The Pennsylvania federal court's recent Google decision may give companies emboldened by the Second Circuit's Microsoft decision pause in deciding whether to resist compliance with what they view as overly broad requests for customer data. However, the different results in the cases may serve as useful guidance for securing data abroad, say Philip Bezanson and Laura Prebeck Hang of Bracewell LLP.

  • Personal Jurisdiction Takeaways From Fed. Circ. In Xilinx

    Phillip Articola

    The Federal Circuit's decision Wednesday in Xilinx v. Papst serves as a lesson to patent owners that if they do not want to be hauled into potentially unfavorable jurisdictions to defend declaratory judgment actions, they should be careful as to what actions they perform in those jurisdictions, says Phillip Articola of Banner & Witcoff Ltd.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.