Technology

  • May 18, 2018

    Spokeo 2 Years Later: As Split Grows, High Court Redo Looms

    In the two years since the U.S. Supreme Court declared that concrete injuries are necessary to establish Article III standing, federal courts around the country have moved to apply the holding to scores of privacy and data breach cases. Here, attorneys look back at how courts have been interpreting the landmark decision and offer predictions at how the deepening divide is likely to play out moving forward.

  • May 18, 2018

    Fate Of Apple's $1B IP Fight With Samsung In Jury's Hands

    Following closing arguments Friday, the five women and three men of a California federal jury filed out of a San Jose courthouse for a weekend break with a billion-dollar question hanging in the air: How much in damages must Samsung pay Apple for infringing its smartphone design and utility patents?

  • May 18, 2018

    Illinois Bell Wants Old Claims From Telecom's Suit Nixed

    Illinois Bell and other Bell affiliates urged a Missouri federal judge Thursday to drop claims that they owe Level 3 Communications LLC more than $24 million in their dispute over the price charged for essential telecommunications wires, arguing the claims are too old.

  • May 18, 2018

    Net Neutrality Vote Petition Gains Support In House

    The U.S. House of Representatives' counterpart to the net neutrality preservation legislation that squeaked by in the Senate on Wednesday is now gaining traction in the lower chamber.

  • May 18, 2018

    No Warrant Needed For IPhone Border Probe, 4th Circ. Says

    The Fourth Circuit found Customs and Border Protection agents' reasonable suspicion of a man caught with a suitcase full of weapons parts trying to board a plane was enough to justify the forensic analysis of his iPhone, finding that no warrant was needed since the search was technically at the border.

  • May 18, 2018

    Academics, Former Officials Balk At Delrahim's SEP Focus

    A group of 77 academics and former government officials told Assistant Attorney General Makan Delrahim in a letter Thursday that his stance that U.S. standard-essential patent policies hurt innovation by going too far to reduce royalties cuts against “broad bipartisan legal and economic consensus."

  • May 18, 2018

    Brand Battles: Anheuser-Busch, Marvel, Microsoft

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Anheuser-Busch cites a Super Bowl ad about its famous German founder, Marvel has trouble registering its upcoming "Cloak & Dagger" television series, and Microsoft gets into a dispute with real estate giant Tishman Speyer over dueling services called "Zo."

  • May 18, 2018

    Mobile Ad Firm Investor Sues To Nullify $34M Merger

    A common stockholder of Mobile Posse Inc. filed suit Friday in Delaware Chancery Court to void the mobile advertising technology firm's $33.8 million merger with a company that allegedly has deep ties to the directors of Mobile Posse and its preferred shareholders.

  • May 18, 2018

    CFTC Tells Fraud Suit Judge It Can Regulate Cryptocurrency

    Cryptocurrency is a commodity that can be regulated by the U.S. Commodity Futures Trading Commission, the regulatory watchdog agency told a Massachusetts federal judge Friday as it fights a cryptocurrency company's bid to dismiss a $6 million fraud suit.

  • May 18, 2018

    Deals Rumor Mill: Qualcomm, BMC Software, KazAtomProm

    China is growing on Qualcomm’s $44 billion proposed takeover of NXP Semiconductors, BMC Software Inc. tapped Goldman Sachs and Credit Suisse to aid a sale, and Kazakhstan wants to sell one-quarter of its state-owned uranium importer and exporter.

  • May 18, 2018

    FCC's O'Rielly Rebukes Rumors Of Sinclair-Tribune Benefits

    In no uncertain terms, Federal Communications Commissioner Michael O’Rielly rebuked rumblings that the agency has been taking action to singularly enable Sinclair Broadcast Group’s $3.9 billion proposed acquisition of Tribune Media Co., writing in a Friday blog post that such suggestions are a “misguided fantasy” and a “rhetorical tool” to cause divisions.

  • May 18, 2018

    Yahoo Settles With Rivals.com Users Over Auto Renewals

    Yahoo Inc. agreed Thursday in California federal court to give cash or a membership credit and up to $300,000 in attorneys’ fees to subscribers of its college-sports site who claim the company has violated state consumer protection laws by automatically renewing their subscriptions without their permission.

  • May 18, 2018

    Fed. Circ. Revives $5.4M IP Verdict Nixed By Wis. Judge

    The Federal Circuit revived a $5.4 million verdict against a manufacturer of captioned phones that a Wisconsin federal jury found infringed the asserted claims of a patent covering the devices, holding Friday that a judge erred in tossing the jury’s determination that the patent was valid.

  • May 18, 2018

    Health Hires: Michael Best, Martin Clearwater, McCarter

    Michael Best & Friedrich LLP, Martin Clearwater & Bell LLP and McCarter & English LLP have all recently enhanced their health care abilities with new attorneys in Wisconsin, New York and Pennsylvania, respectively. 

  • May 18, 2018

    Cambridge Analytica Files Bankruptcy Liquidation Case In NY

    Cambridge Analytica LLC, the scandalized political consulting firm that worked for President Donald Trump's 2016 presidential campaign, filed for Chapter 7 bankruptcy on Thursday in New York as part of its liquidation announced earlier this month when the company entered similar proceedings in the U.K.

  • May 18, 2018

    VA Finalizes $10B Cerner Electronic Health Records Deal

    The U.S. Department of Veteran Affairs has finalized a $10 billion contract with Cerner Corp. to build a new electronic health records system compatible with the U.S. Department of Defense that promises a seamless transition of information as active troops become veterans.

  • May 18, 2018

    Motorola Can't Examine Computers In Trade Secret Row

    An Illinois federal magistrate judge rejected Motorola’s bid to examine the computers of workers at a Chinese radio manufacturer in a trade secret battle, saying the discovery had gone far afield of the statutes of limitation question it was meant to address.

  • May 18, 2018

    Trump's ZTE 'Bailout' Continues To Draw Bipartisan Fire

    President Donald Trump's decision to give Chinese telecom giant ZTE Corp. a reprieve following illicit sales to Iran and North Korea continued to receive bipartisan blowback as a congressional panel voted to keep ZTE cut off from the U.S. supply chain.

  • May 17, 2018

    Debunking 5 Myths Surrounding The Net Neutrality CRA

    Senate Democrats celebrated a breakthrough Wednesday when they won passage of a resolution to preserve Obama-era net neutrality rules, but the move also prompted questions about the measure's endgame and perpetuated common myths. Here, Law360 debunks five misconceptions surrounding Wednesday’s Senate vote and the current status of net neutrality.

  • May 17, 2018

    EA Says Ex-NFLers' Game Likeness Suit Relies On 'Say-So'

    Electronic Arts Inc. urged a California federal judge Thursday to end allegations it improperly used retired NFL players’ likenesses in Madden video games, or to at least deny the players’ bid for class certification, saying that after years of discovery, they have no proof their avatars are identifiable “other than their say-so.”

Expert Analysis

  • Advertiser Self-Regulation And Class Actions: Part 3

    John Villafranco

    Companies take part in National Advertising Division proceedings as a form of industry self-regulation — and as an alternative to potentially costly litigation. Analysis of which plaintiffs firms are filing lawsuits after NAD rulings, and whether NAD decisions have any impact on federal courts, supports the conclusion that NAD participation has little correlation with consumer class actions, say attorneys with Kelley Drye & Warren LLP.

  • Advertiser Self-Regulation And Class Actions: Part 2

    John Villafranco

    Are plaintiffs lawyers scouring National Advertising Division rulings for litigation targets? An analysis of the timing of class actions in relation to NAD decisions suggests that the risk of being subject to a follow-on consumer class action after participation in an NAD proceeding that results in an adverse decision is low, say attorneys with Kelley Drye & Warren LLP.

  • The Rise Of Unmanned Aerial Vehicles In Construction

    Kenneth Suzan

    Unmanned aerial vehicles are gaining popularity in the construction industry, as they are useful for inspections, security and surveillance, among other functions. However, companies using them need to consider a number of legal risks and issues, including conflicts between state laws and federal aviation laws, says Kenneth Suzan of Barnes & Thornburg LLP.

  • Reducing Retirement Saving Barriers For Gig Workers

    Brett Owens

    Workers in the gig economy are currently not entitled to enjoy a traditional employer-based retirement plan because such plans are subject to stringent rules and only permitted to cover employees, not independent contractors. However, Congress is attempting to address this issue via the recently reintroduced Retirement Enhancement and Savings Act, says Brett Owens of Fisher Phillips.

  • Advertiser Self-Regulation And Class Actions: Part 1

    John Villafranco

    When an advertiser voluntarily participates in industry self-regulation before the National Advertising Division, it does so expecting to avoid litigation. Yet there is a consistent concern among advertisers that NAD participation may make consumer class action litigation more, rather than less, likely. Attorneys with Kelley Drye & Warren LLP examine whether NAD decisions actually provide fodder for class actions.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • Going Public Without An IPO

    Laura Anthony

    Spotify made a big splash last month by debuting on the New York Stock Exchange without an initial public offering — an often-used going-public method on the OTC Markets that may now gain popularity on national exchanges as well. However, there are some fundamental differences between the direct listing processes for OTC Markets and for an exchange, says Laura Anthony of Legal & Compliance LLC.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • A Clearer Forecast On Cloud Computing Tax In Illinois

    Samantha Breslow

    Determining whether computer software is taxable is no easy task, especially in light of the changing technological landscape. However, in several nonbinding letters, the Illinois Department of Revenue has recently provided clarification on several key issues, including the taxability of cloud computing, says Samantha Breslow of Horwood Marcus & Berk Chtd.

  • Compliance Lessons From An Arms Export Enforcement Case

    Thomas McVey

    Last month, the U.S. Department of State's Directorate of Defense Trade Controls announced a major enforcement case and settlement for violations of arms export regulations involving FLIR Systems Inc. The case is a reminder to U.S. companies that what may seem like “routine” violations can quickly turn into a $30 million problem, says Thomas McVey of Williams Mullen.