Technology

  • December 14, 2017

    DOJ Antitrust Official Wary Of Regulatory Approach To Data

    A top U.S. Department of Justice antitrust official voiced skepticism Thursday of calls to force companies to share their data, but conceded that in “narrow circumstances,” it may be appropriate to bring a challenge over a company's refusal to deal with its competitors.

  • December 14, 2017

    Net Neutrality Reversal Draws Intense Criticism, And Praise

    When the Federal Communications Commission voted Thursday afternoon to undo Obama-era regulations that guaranteed equal treatment to all online content, it incited a firestorm of criticism from consumer advocates but triggered profuse praise from industry-aligned groups.

  • December 14, 2017

    Expanded Drone Registry To Spark More Enforcement Action

    A legislative fix signed into law by President Donald Trump on Tuesday reinstated a mandate for recreational drone users to register with the federal government, a move that experts say paves the way for more enforcement actions related to privacy, safety and national security.

  • December 14, 2017

    Chinese Consumer Lender Slashes IPO Amid Crackdown

    A Chinese online microlender that initially filed for a $500 million U.S. initial public offering has slashed its fundraising estimate by more than three-quarters, a reduction that coincides with a regulatory crackdown by Chinese authorities on online lenders.

  • December 14, 2017

    Pearson Says Flash Card Site 'Thumbs Nose At Copyright Law'

    Pearson Education filed suit Wednesday in Indiana federal court against the owner of an interactive flash card-sharing site, alleging that the owner "thumb[ed] his nose at copyright law" by exploiting pirated test banks from the publishing company for personal profit. 

  • December 14, 2017

    Del. Justices Reverse $7B Price Bump In Dell Deal Appraisal

    The Delaware Supreme Court on Thursday reversed the Chancery Court’s appraisal decision of Dell Inc.’s $25 billion buyout that said it was underpriced by roughly $7 billion, ruling that Vice Chancellor J. Travis Laster’s analysis was “based on several assumptions that are not grounded in relevant, accepted financial principles.”

  • December 14, 2017

    Court OKs 2nd Swing At Ripken Baseball Camps In IP Fight

    A Maryland federal court on Wednesday granted a company suing Cal Ripken Jr.'s baseball camps a chance to amend its suit against the retired player's camps over patent infringement, finding that adding other Ripken-owned camps would not prejudice the company.

  • December 14, 2017

    Cisco’s Acts In IP Row Don’t Seem 'Egregious,' Judge Says

    A California federal judge indicated Thursday that she’d likely toss willful infringement allegations from Finjan Inc.’s suit accusing Cisco Systems Inc. of buying and using technologies from a smaller company that infringe its cybersecurity patents, saying she didn’t see “egregious conduct” in the pleadings.

  • December 14, 2017

    Startups Need Education On CFIUS Concerns, House Panel Told

    The government must work to educate tech startups on potential national security and Committee on Foreign Investment in the United States oversight issues raised by early stage investments from foreign companies, a former high-ranking Treasury Department official now with WilmerHale told the House Financial Services Committee on Thursday.

  • December 14, 2017

    FCC Overturns Net Neutrality Rules

    As anticipated, the Federal Communications Commission voted Thursday to overturn Obama-era net neutrality rules mandating that internet service providers treat all online content equally, handing industry groups a win and offering ISPs leeway to try out “fast” and “slow” lanes for web traffic.

  • December 13, 2017

    Waymo-Uber IP Suit Sparked DOJ Probe, Letter Reveals

    Federal prosecutors have launched a criminal investigation in the wake of Waymo’s California federal lawsuit alleging Uber stole self-driving car trade secrets from the Alphabet subsidiary, according to a U.S. Department of Justice letter to U.S. District Judge William Alsup unsealed Wednesday.

  • December 13, 2017

    Spokeo Wants Justices To Revisit Last Year’s Standing Ruling

    Spokeo is urging the U.S. Supreme Court to revisit the Article III standing bar it set last year in a dispute over alleged inaccuracies on a credit report, saying the justices' pronouncement that some intangible injuries could meet this threshold has spurred “widespread confusion” that “cries out” for an immediate resolution.

  • December 13, 2017

    Westinghouse Gets 3-Month Extension To File Ch. 11 Plan

    Westinghouse Electric Co. on Wednesday received 90 more days of exclusive time to file a Chapter 11 reorganization plan from a New York bankruptcy court judge, who blasted the company’s unsecured creditors for trying to “throw a bomb” in what has so far been a productive restructuring case.

  • December 13, 2017

    Uber Board Shirked Duty In OK'ing $680M Otto Buy, Suit Says

    An Uber shareholder on Wednesday launched a derivative lawsuit against the ride-hailing app’s founder, Travis Kalanick, and other directors in Delaware state court, claiming the top brass got Uber into legal trouble by recklessly approving the $680 million acquisition of a company founded by a former Google engineer.

  • December 13, 2017

    High Court Should Take On Net Neutrality, Watchdog Says

    The conservative watchdog group Judicial Watch announced Wednesday that it had thrown its support behind a request for the U.S. Supreme Court to undo a D.C. Circuit decision that approved the classification of internet service as a Title II public utility and greenlighted the net neutrality rules currently in effect.

  • December 13, 2017

    Smaller Carriers Chafe At FCC Coverage Data Requirement

    A trade group representing smaller wireless carriers asked the Federal Communications Commission on Tuesday to revise its “simply incorrect” projection that data collection to determine eligibility for Mobility Fund subsidization of rural telecom infrastructure would not burden carriers.

  • December 13, 2017

    House Republicans Cheer FCC Plan To Kill Net Neutrality

    House Republicans on Wednesday backed the Federal Communications Commission's proposal to strike down net neutrality rules issued under the Obama administration that prevent internet service providers from throttling content delivery speeds for individual sources, saying the rules subject ISPs to outdated regulations written for the landline telephone era.

  • December 13, 2017

    Blind Advocate Fights Fla. Arena's Bid To Nix ADA Suit

    A blind man now suing a sports and entertainment arena for allegedly failing to make its website accessible urged a Florida federal court Tuesday not to nix his Americans with Disabilities Act case, arguing he does have a stake in the matter and sufficiently detailed his claims.

  • December 13, 2017

    T-Mobile Urges Supreme Court To Reject Prism IP Appeal

    Prism Technologies LLC shouldn’t be granted U.S. Supreme Court review of a Federal Circuit decision invalidating its patents and rejecting its $100 million infringement lawsuit against T-Mobile because a lower court judge never made a reviewable finding of fact, the wireless company says.

  • December 13, 2017

    Google Owes Advertisers For False Traffic, Suit Says

    Google LLC was paid by advertising publisher AdTrader Inc. to display clients’ online ads but wasted them on fake software programs and then refused a full refund for what the clients spent on fraudulent or accidental online user traffic, according to a suit filed Wednesday.

Expert Analysis

  • Series

    40 Years Of FCPA: An Update From The DOJ

    Daniel Kahn

    U.S. Department of Justice prosecutors and law enforcement partners have secured more foreign bribery-related trial convictions and guilty pleas this year than in any other year in the history of the Foreign Corrupt Practices Act, in fact by almost twice as much. These are all significant cases with significant impacts, says Daniel Kahn, chief of the DOJ's FCPA Unit.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • The Future Of Bitcoin Futures

    Colin Lloyd

    Trading in bitcoin futures opened this week on the CBOE Futures Exchange, with offerings from the Chicago Mercantile Exchange and the Cantor Exchange to soon follow. In designing their contracts, the exchanges had to make decisions about contract size, tenor, and trading and settlement conventions, with some notable consequences, say Colin Lloyd and James Michael Blakemore of Cleary Gottlieb Steen & Hamilton LLP.

  • A GDPR Primer For US-Based Cos. Handling EU Data: Part 2

    Caroline Krass

    In the final part of this series about the General Data Protection Regulation, attorneys at Gibson Dunn & Crutcher LLP explain the stringent restrictions placed on cross-border data transfers to countries outside of the European Union, various compliance mechanisms and penalties, and potential deviations in implementation among EU member states.

  • Series

    40 Years Of FCPA: Compliance, Past And Future

    Hui Chen

    More than any other statute, the Foreign Corrupt Practices Act has fueled the growth of the compliance industry. While the expansion of corporate compliance is a positive development, the fear-driven and FCPA-centric approach has also produced unfortunate consequences, says ethics consultant Hui Chen, who served as the U.S. Department of Justice's first-ever compliance counsel.

  • 4th Circ. Deals Blow To Securities Fraud Plaintiffs

    Colby Smith

    By cabining material misrepresentation and scienter within their respective domains, the Fourth Circuit in Maguire Financial v. PowerSecure highlighted the onerous bar securities fraud plaintiffs must meet for their claims to survive dismissal, say attorneys with Debevoise & Plimpton LLP.

  • Series

    40 Years Of FCPA: Cross-Border Efforts And Growing Risk

    Patrick Stokes

    The U.S. agencies’ increasing coordination with their foreign partners has led to more potent Foreign Corrupt Practices Act investigations — in terms of both their scope and settlement cost, say Patrick Stokes, former chief of the FCPA Unit at the U.S. Department of Justice, and Zachariah Lloyd of Gibson Dunn & Crutcher LLP.

  • A GDPR Primer For US-Based Cos. Handling EU Data: Part 1

    Caroline Krass

    While many U.S. companies have already begun work on complying with the General Data Protection Regulation, it has such a long reach that it may encompass many organizations that would not ordinarily expect to be subject to European data privacy laws, say attorneys at Gibson Dunn & Crutcher LLP.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.