• January 23, 2018

    Fed Won’t Nix Ex-Barclays Forex Head’s Ban, $1.2M Fine

    The Federal Reserve Board announced Tuesday it had rejected a bid by Barclays Bank PLC’s former global head of foreign exchange spot trading to void a $1.2 million fine and ban from the banking industry for his role in the manipulation of benchmark currency rates.

  • January 23, 2018

    Clayton Warns Lawyers Over Their Advice On ICOs

    Lawyers who take lax attitudes toward securities law compliance when advising on initial coin offerings should be on their guard, U.S. Securities and Exchange Commission Chairman Jay Clayton warned in a speech Monday.

  • January 23, 2018

    WARF Urges Fed. Circ. To Uphold $506M Apple Patent Win

    The Wisconsin Alumni Research Foundation has told the Federal Circuit that a $506 million patent infringement verdict it won against Apple Inc. is well-founded and that the court should reject the tech giant’s argument that the decision was “fraught with error” and must be overturned.

  • January 23, 2018

    Ex-Brokers Ask 2nd Circ. To Ax IBM Insider Trading Verdict

    A pair of former brokers found liable for insider trading in connection with a $1.2 billion IBM deal on Tuesday asked the Second Circuit to set aside the verdict, saying no reasonable jury could have found they knew they were trading on information obtained by a lawyer purportedly breaching a duty to his firm.

  • January 23, 2018

    Deals Rumor Mill: Facebook, Deutsche Telekom, ComScore

    Facebook has reportedly snapped up a Boston-based ID authentication company, Deutsche Telekom held unsuccessful deal talks with French rival Orange SA last year, and media analytics company ComScore Inc. is eyeing options for the business that could include a sale.

  • January 23, 2018

    Broadcom Aims To Control Qualcomm In $130B Proxy Battle

    Qualcomm Inc. and Broadcom Ltd. continue to trade barbs as they vie for shareholder support in a proxy battle that could sway the balance of power on the San Diego-based chipmaker’s board of directors and decide the fate of a $130 billion takeover bid by Broadcom.

  • January 23, 2018

    Gorsuch Says Tech Advancements Will Test High Court

    The U.S. Supreme Court's biggest challenge over the next decade will be reconciling the centuries-old Constitution with new frontiers in law arising from changing technology, Justice Neil Gorsuch, a strict adherent to what he called the "old document,” told college students in New Jersey on Tuesday.

  • January 23, 2018

    Corel Fights Microsoft ‘Ambush’ On Eve Of Patent Trial

    With two weeks before Corel Corp. defends itself in a damages trial over its infringement of Microsoft Corp. patents, Corel urged a federal judge Tuesday to block a former employee’s testimony, saying Microsoft was trying to use a discovery-sharing deal to “ambush” Corel with evidence from a different case.

  • January 23, 2018

    Fed. Circ. Backs PTAB Denying Google Win In Tagging IP Row

    The Federal Circuit on Tuesday upheld a Patent Trial and Appeal Board ruling that Google failed to prove that a Network-1 Technologies Inc. patent describing a method of tagging electronic media is invalid, disagreeing with the tech giant that evidence contradicted the board’s claim construction.

  • January 23, 2018

    ISPs, Media Cos. Face Unique Risks Amid Security Threats

    As the internet plays an increasingly central role in commerce, entertainment and communication, bad actors keep finding new ways to take advantage of vulnerabilities in company and customer data. Here's a look at four major questions surrounding how data breaches affect media and telecom companies and their customers.

  • January 23, 2018

    Judge Aids BuzzFeed Hunt For Cypriot Info In Defamation Suit

    A Florida federal judge on Monday asked Cyprus’ judiciary for help securing for BuzzFeed News information from bank executives who allegedly refused to lend money to Aleksej Gubarev after he was named in a dossier published by BuzzFeed alleging Russia had compromising information on President Donald Trump.

  • January 23, 2018

    PTAB Lets Honeywell Pursue CBM Patent Challenge

    The Patent Trial and Appeal Board agreed Monday to review a patent that covers a system used to authenticate driver's licenses and has been challenged by Honeywell International Inc., finding the patent was eligible for the covered business method review program.

  • January 23, 2018

    FDIC Chair Nom Supports Fintech Firms’ Charter Choice

    Jelena McWilliams, President Donald Trump’s choice to lead the Federal Deposit Insurance Corp., on Tuesday told senators that she would encourage the use of a specialty bank charter that has become a tool for financial technology firms seeking more lending capacity.

  • January 22, 2018

    IP Owners Group Says USPTO Fees Rule Is ‘Crippling’

    The IP Owners Association says a new rule by the United States Patent and Trademark Office requiring applicants that appeal its decisions to pay the agency’s legal bills creates a "crippling" burden, according to an amicus brief unsealed Monday at the Federal Circuit.

  • January 22, 2018

    Fenwick IP Partner Tapped As Calif. Fed. Magistrate Judge

    A Palo Alto-based Fenwick & West LLP partner with experience handling intellectual property litigation for clients in the technology and life sciences industries has been chosen to fill a magistrate judgeship in the Northern District of California, the court said Monday.

  • January 22, 2018

    Telecoms Conditionally Back Emergency Alert Updates

    The CTIA and some of its member telecom companies, including AT&T, Qualcomm, Sprint and Verizon, are throwing their conditional support behind updates to the Wireless Emergency Alerts system, cautioning that they shouldn’t be allowed to overburden industry, according to ex parte notices to the Federal Communications Commission posted Monday.

  • January 22, 2018

    Satellite Broadband Cos. Want FCC To Include Them In Review

    A pair of satellite broadband providers have urged the Federal Communications Commission to include their internet services in its nationwide survey of broadband deployment, accusing advocacy organizations of using “misinformation” to suggest their networks lack the capabilities to be considered in the commission’s annual review.

  • January 22, 2018

    Del. Chancellor Expedites IT Firm Board Meeting Suit

    Delaware's chancellor fast-tracked arguments Monday on a motion to compel a meeting of information technology company Avande Inc. stockholders after allegations that the company's investor-CEO improperly allowed a vendor access to Avande's intellectual property.

  • January 22, 2018

    AT&T May Get DOJ's 3rd Party Info In Merger Fight

    The D.C. federal judge overseeing the government's challenge to AT&T Inc.'s proposed $85 billion purchase of Time Warner Inc. ordered the U.S. Department of Justice on Monday to ask several third parties for permission to turn over information they provided in past merger investigations.

  • January 22, 2018

    John Beahn Joins DLA Piper's Telecom Practice In DC

    DLA Piper announced last week that it's snagged a Skadden Arps Slate Meagher & Flom LLP telecom expert to join its Washington, D.C., office as a partner, as part of the firm's continuing bid to bolster its intellectual property and technology practice.

Expert Analysis

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. In the coming weeks, we will discover whether these candidates learned from the mistakes of the three judicial nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International and a former member of the White House vetting team during the Obama administration.

  • High Court Considers Upending Patent Damages

    Rayiner Hashem

    The U.S. Supreme Court recently granted certiorari in WesternGeco v. Ion, a case that could have significant ramifications for U.S. patent holders who compete in foreign markets, say attorneys with MoloLamken LLP.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • How The Cybersecurity Legal Landscape Changed In 2017

    Jonathan Kolodner

    Over the last year, the existential risk posed by cyberattacks and data security vulnerabilities has become one of the top concerns for boards of directors, management, government agencies and the public. 2017 was punctuated by a series of headline-grabbing breaches, fast-moving regulatory developments around the globe, and record-breaking settlements by companies, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Retailers Need Dynamic Capabilities To Survive And Thrive

    Bob Duffy

    U.S. retailers face unprecedented threats from online shopping and demographic and technological change, but also opportunities for transformation if they can integrate physical and virtual shopping. There is a good survival opportunity for companies whose leaders can solve the puzzle, say consultants with Berkeley Research Group.

  • When And How To Use Conjoint Analysis For Patent Damages

    Daniel Korczyk

    Under the right conditions, conjoint analysis is appealing as a mechanism to help disaggregate royalty rates consistent with relative contributions of technology components to a product’s overall value. There are several factors to consider in determining whether it is the appropriate damages methodology, says Daniel Korczyk of GlassRatner Advisory & Capital Group LLC.

  • Key Takeaways From FTC’s VTech Privacy Enforcement

    Behnam Dayanim

    Up close, the Federal Trade Commission's recent settlement with VTech is significant because it is the first children’s privacy case that involves internet-connected toys. But taking a step back, this action is just the latest in a string of recent regulatory pronouncements related to the internet of things and related corporate cybersecurity practices, say attorneys with Paul Hastings LLP.

  • The Challenges Of Bitcoin Financing

    Matthew Frankle

    As the price of bitcoin continues to rise, so does the demand for financing secured by bitcoin. Lenders need to ensure they are complying with existing law — law that did not develop with bitcoin in mind, including the Commodity Exchange Act, say Matthew Frankle and Nora Wong of Greenberg Traurig LLP.

  • Will Crisis Management Insurance Cover Ransomware?

    Jeffrey Weinstein

    Kidnap, ransom and extortion insurance policies are now under increased scrutiny by insureds seeking potential coverage for ransomware attacks. Determining whether or not these attacks constitute extortion will raise new questions and issues, say Jeffrey Weinstein and Bruce Kaliner of Mound Cotton Wollan & Grreengrass LLP.

  • Tax Reform Reshuffles The Deck For Outsourcing

    Gary Wilcox

    The new tax bill changes the calculus for cross-border services outsourcing and cloud agreements. For a U.S.-parented provider deciding whether to increase its U.S. operations relative to non-U.S. operations, several provisions must be considered, including the deduction for foreign-derived intangible income, the tax on global intangible low-taxed income and the base erosion and anti-abuse tax, say attorneys at Mayer Brown LLP.