• November 16, 2017

    Fired Xerox Worker Can't Argue Gay Bias In 5th Circ.: Judge

    A Texas federal judge on Wednesday advised a former Xerox employee to amend his Title VII claims that the company fired him for being gay, saying that while sexual orientation is not a protected class in the Fifth Circuit, he could better make his case if he amends his sex discrimination claim.

  • November 16, 2017

    Kaspersky Says NSA Info Upload Was Legit Security Check

    AO Kaspersky Lab in a Thursday report fleshed out its recent admission that it had uploaded purportedly classified information and hacking software from a National Security Agency worker’s personal computer, continuing to argue that the upload was inadvertent and happened because the computer appeared to be compromised by “malware."

  • November 16, 2017

    'Lawful Hacking' Hurts Smaller Cities, Manhattan DA Says

    Law enforcement's increased reliance on third-party hacking to get into encrypted smartphones gives wealthy cities an unfair edge in solving crimes, Manhattan District Attorney Cy Vance warned Thursday.

  • November 16, 2017

    Deals Rumor Mill: Qualcomm, Time, Barnes & Noble

    Qualcomm’s $38 billion buyout of NXP Semiconductor may be approved by the European Commission before 2017 is over, Meredith Corp. is once again looking to buy magazine publisher Time, and an activist investor is looking to take Barnes & Noble private.

  • November 16, 2017

    Aster Brings In €240M For Energy, Digital Investments

    Aster Capital, a venture capital investment firm focused on industries including consumer, digital and energy, has raised €240 million ($282.36 million) from investors, according to a Thursday statement.

  • November 16, 2017

    House Passes Tax Bill With Deep Cuts For Businesses

    House Republicans on Thursday succeeded in passing wide-reaching tax legislation, overcoming Democrats’ criticisms that it would significantly lower taxes for corporations and the wealthy while short-changing middle-income earners.

  • November 15, 2017

    StubHub Must Produce Source Code In Trade Secret Row

    A California federal judge on Tuesday ordered online ticketing platform StubHub Inc. to surrender its source and corresponding server codes as part of discovery in a trade secrets case brought by Calendar Research LLC in an effort to end the dispute quickly.

  • November 15, 2017

    IPhone Glitch Violates Wiretap Act, 9th Circ. Is Told

    A proposed class of ex-iPhone owners asked the Ninth Circuit on Wednesday to revive their suit against Apple alleging that they never received some text messages because a glitch sent the messages to the iMessage server in violation of the Wiretap Act.

  • November 15, 2017

    Senate Bill Would Set Federal Data Security, Reporting Rules

    Senate Democrats on Tuesday floated legislation that would subject businesses to civil penalties for failing to report data breaches "as expediently as possible" and for neglecting to implement baseline data security standards to protect customers' financial account information and other sensitive records.

  • November 15, 2017

    Chinese Companies Inject Life Into US IPO Market

    A sudden surge in Chinese initial public offerings is spilling over to the U.S., providing a shot in the arm to the IPO market and keeping deals lawyers who work on China-related offerings busy.

  • November 15, 2017

    White House Releases Rules On Disclosing Security Flaws

    The Trump Administration revealed details Wednesday on its secretive process for deciding whether to disclose or keep to itself cybersecurity flaws discovered by intelligence agencies.

  • November 15, 2017

    Fed. Circ. Vacates IP Case’s Post-TC Heartland Venue Move

    The Federal Circuit on Wednesday granted Cutsforth Inc.’s petition to vacate a venue transfer handed to a rival company in patent litigation, saying the lower court needed to give consideration to other factors besides the U.S. Supreme Court’s decision this year in TC Heartland.

  • November 15, 2017

    McAfee, Intel Must Face Investor Suit Over $7.7B Merger

    A California appeals court on Wednesday revived a class of investors’ claims against Intel Corp., McAfee Inc. and its former CEO David DeWalt over the companies’ $7.7 billion merger, finding a trial court should determine whether DeWalt withheld information in a way that harmed shareholders. 

  • November 15, 2017

    Duff & Phelps Gains Ex-CIA Cybersecurity Pro In DC

    Duff & Phelps on Wednesday added a former Central Intelligence Agency operational executive who worked in the agency’s National Clandestine Service and brings years of experience in the areas of cybersecurity, risk management and international affairs to the corporate finance adviser’s legal management consulting group.

  • November 15, 2017

    9th Circ. OKs Calculating Minimum Wage By Weekly Average

    The Ninth Circuit said Wednesday the Fair Labor Standards Act’s hourly minimum wage requirement applies to weekly per-hour averages rather than actual per-hour pay, saying a conditionally certified class of Conduent workers offered no reason to split with the four other circuits to consider the question.

  • November 15, 2017

    Micron Ruling May Spark New Wave Of Venue Fights

    The Federal Circuit’s decision Wednesday that TC Heartland was a change in the law provides much-needed clarity on a question that has split lower courts and should give some hope to companies whose bids to transfer their cases were thwarted because it was decided they waived their venue argument.

  • November 15, 2017

    CFPB Latest To Sue Supporter Of Tribal Payday Lender

    Think Finance LLC, a financial technology firm that has been accused in a number of lawsuits of propping up sham tribal payday lenders, was sued by the Consumer Financial Protection Bureau in Montana federal court Wednesday for allegedly deceiving borrowers and collecting money it wasn't owed.

  • November 15, 2017

    Fed. Circ. Upholds PTAB Decisions On Netlist Memory Patents

    The Federal Circuit handed at least a partial win to Netlist on Tuesday by upholding a Patent Trial and Appeal Board decision not to invalidate certain claims within two of the company's memory module patents, though a past decision invalidating other portions of the patents was also upheld.

  • November 15, 2017

    Wi-Fi Exec Must Pay $5.7M Over Breached Equipment Pact

    NFS Leasing Inc. has won $5.7 million in damages from an executive whose Wi-Fi supply company defaulted on a lease agreement for supplying Wi-Fi to sports arenas, according to filings in Massachusetts federal court Wednesday that show the company owes nearly $8.1 million as well.

  • November 15, 2017

    4th Circ. Rips ‘Inference Upon Inference’ In Stock-Drop Case

    The Fourth Circuit spared PowerSecure International Inc. and its CEO from having to square off against a stock-drop suit, saying Wednesday that securities fraud class actions must include facts that directly suggest a company or its bosses knew of wrongdoing and cannot “stack inference upon inference” to suggest fraudulent intent.

Expert Analysis

  • New Bipartisan CFIUS Reform Begins To Take Shape

    Mario Mancuso

    The Foreign Investment Risk Review Modernization Act of 2017 introduced last week is intended to strengthen the Committee on Foreign Investment in the United States and address the committee's perceived inadequacies. If enacted, this legislation would reflect the most significant changes to CFIUS in the last decade, say attorneys with Kirkland & Ellis LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • The Aftermath Of Impression Products V. Lexmark

    Brian Kacedon

    Following the U.S. Supreme Court's May decision in Impression Products v. Lexmark, the patent exhaustion landscape is likely to be shaped by two issues: When is a transaction properly viewed as a license rather than a sale, and are licenses attached to the product on sale enforceable? Answers might be gleaned from existing case law, say Brian Kacedon and Kevin Rodkey of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • 3 Recent Bid Protest Decisions You Should Know About

    Thomas McLish

    Three October bid protest decisions from the U.S. Court of Federal Claims and the Government Accountability Office — in Sonoran, IPKeys and CliniComp — may affect how government contractors approach the proposal and protest process, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Visa Alternatives To Consider When H-1B Isn't An Option

    Andrew Greenfield

    Recently, a strong economy, coupled with a low unemployment rate for college-educated professionals has resulted in U.S. employers having just over a 30 percent chance of having their H-1B petitions selected for adjudication. Fortunately, there are alternatives employers can consider when they are unable to obtain the foreign professional resources they need, says Andrew Greenfield of Fragomen, Del Rey, Bernsen & Loewy LLP.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Are 'Smart' Courts Smart Enough For IP Disputes?

    Junqi Hang

    Remote video appearance is already in use for certain trials, hearings, and arbitration and mediation proceedings. But the methodology of court remoteness and the concept of "smart" courts may not be able to accommodate intellectual property cases, which tend to be complex in subject matter, say Junqi Hang and Jingqiang Zhang of Dragon Intellectual Property Law Firm.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.