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Technology

  • June 13, 2018

    Luxury Brands Must Pay For Web Blocking: UK Top Court

    The UK’s top appeals court ruled Wednesday that luxury brands like Cartier, and not internet service providers, must foot the bill for blocking access to counterfeit websites.

  • June 12, 2018

    3 Takeaways From Judge Leon's Ruling On Time Warner Deal

    U.S. District Judge Richard Leon rejected the government's challenge of AT&T's planned purchase of Time Warner on Tuesday, finding fault with the U.S. Department of Justice's economic analysis suggesting likely harm from the deal as well as other evidence that sought to support those claims. Here, Law360 takes a look at the judge’s opinion for a glimpse of what went wrong for the DOJ.

  • June 12, 2018

    Gov't Urges Caution On Security In Spectrum Balancing Act

    As federal agencies work to clear valuable spectrum for shared use with wireless services and other emerging technologies, stakeholders must be mindful of each other’s priorities and make sure national security is not undermined by new networks that use the airwaves, panelists said at a Wednesday spectrum symposium in Washington, D.C.

  • June 12, 2018

    Privacy Group Urges 2nd Circ. To Protect Users, Not Grindr

    A privacy public interest group on Monday urged the Second Circuit to revive a lawsuit accusing Grindr of doing nothing to stop a user from harassing his ex through the app, saying a safe harbor provision for internet platforms in federal communications law doesn't give the company a free pass to ignore reports of abuse.

  • June 12, 2018

    EU Lawmakers Call For End To 'Privacy Shield' Pact By Sept.

    A top European parliamentary committee called on officials to suspend the trans-Atlantic Privacy Shield data transfer pact unless the U.S. is able to fully meet its data protection obligations by September, saying that recent revelations about Facebook's privacy practices exacerbated prior concerns with the deal. 

  • June 12, 2018

    Real Estate Broker Brings Tossed Airbnb Claims To NY Court

    A Manhattan real estate brokerage firm Monday filed a putative class action against Airbnb Inc. in New York state court alleging the home-sharing site illegally and deceptively competes in the city’s rental market, months after a federal court judge tossed a similar suit from the firm.

  • June 12, 2018

    FCC's O'Rielly Says Apps May Justify Telecom Rule Rollback

    Federal Communications Commission member Michael O'Rielly said Tuesday the agency should consider deregulating traditional telecoms to give them a chance to compete with the rise of unregulated messaging apps like Facebook Messenger and WhatsApp or ask lawmakers to give the FCC the power to impose rules on the popular services.

  • June 12, 2018

    Google's AI Rules Show DOD's Commercial Tech Difficulties

    Google CEO Sundar Pichai's recent announcement that the company won't work on weapons programs reinforces the cultural and practical obstacles that remain in the way of the U.S. Department of Defense's efforts to attract commercial technology firms as contractors, despite its efforts at outreach.

  • June 12, 2018

    Facebook Data Pacts Could Spur GDPR-Like Protections

    The recent revelation that Facebook has allowed device makers including Apple, Samsung and Huawei broad access to user data raises fresh questions about the legal and ethical constraints on companies' data usage practices and could prompt a reckoning that would pull the U.S. closer to the tighter controls of the general data protection regulation currently in place in the European Union, attorneys say.

  • June 12, 2018

    Cellspin Denies Shaking Down Nike, Others With IP Suits

    Cellspin Soft Inc. urged a California federal judge Tuesday to reject bids for attorneys’ fees by GoPro, Nike, Fitbit and other companies that beat Cellspin’s lawsuits alleging their fitness trackers and GPS devices infringe its data-uploading patents, arguing it litigated the cases reasonably and saying “there’s no evidence this was a shakedown.”

  • June 12, 2018

    Reg A+ Is Becoming A Popular Path To Pursue ICOs

    More companies are preparing initial coin offerings by using the so-called Reg A+ exemption, a streamlined initial public offering often dubbed a “mini-IPO,” though such campaigns face regulatory hurdles and other obstacles, capital-raising experts said at various talks Tuesday in New York.

  • June 12, 2018

    Feds Say Intent A Non-Issue In South Korean Bribe Case

    Prosecutors are seeking to shut down an appeal by a Korean earthquake researcher convicted of laundering bribes, telling the Ninth Circuit on Monday that the South Korean law he violated does not focus on a bribe-taker's intent in the same way U.S. laws do.

  • June 12, 2018

    GoPro Investors Seek Cert. In Undersupply, Defect Suit

    A proposed class of investors who say they overpaid for shares of GoPro Inc. because the company concealed shortages of its cameras and drones as well as a design defect asked a California federal court Monday for class certification.

  • June 12, 2018

    Antitrust Chief Defends Sticking To Consumer Welfare Focus

    Shortly before a D.C. federal judge cleared AT&T’s $85 billion merger with Time Warner, the U.S. Department of Justice’s top antitrust official on Tuesday said in Washington, D.C., that consumer welfare will continue to be the cornerstone of DOJ antitrust enforcement, rejecting calls to expand the Antitrust Division’s goals to include concerns over democratic market structures or other social benefits.

  • June 12, 2018

    Litigation Support Co. In Hot Water As Belkin IP Trial Starts

    Opening statements kicked off Tuesday in a California federal trial over Kenu Inc.’s claims Belkin infringed a patent for in-car phone holders, but before the proceedings even began, news that Belkin’s litigation support company forged a court officer’s signature prompted the presiding judge to call for criminal fraud charges against the vendor.

  • June 12, 2018

    AT&T Layoff Suit By CWA Nixed By Arbitration Clause

    A federal magistrate judge in Texas has recommended that a lawsuit brought by the Communication Workers of America AFL-CIO against AT&T seeking to halt the layoffs of 713 workers be tossed, citing an arbitration provision in an agreement between the groups.

  • June 12, 2018

    States, Schools Line Up Against PTAB's Immunity Waiver

    States and public universities have urged the Federal Circuit to overturn a decision finding the University of Minnesota exposed its patents to challenge at the U.S. Patent Trial and Appeal Board when it filed infringement lawsuits in district court, a decision the schools said could harm innovation. 

  • June 12, 2018

    FCC Designates New UK 'White Spaces' Database Manager

    The Federal Communications Commission has designated a major domain name registry in the United Kingdom to run a database listing unused broadcast TV spectrum that identifies untapped wireless spectrum capable of transmitting broadband data, saying the company’s technical expertise made it the right candidate for the job.

  • June 12, 2018

    SEC Claims Fla. Couple Defrauded Investors In Shopping App

    The U.S. Securities and Exchange Commission has obtained a temporary restraining order and emergency asset freeze to stop an allegedly ongoing investment fraud scheme purportedly carried out by a South Florida couple who claimed to be developing an internet shopping application, the agency announced Monday.

  • June 12, 2018

    Yahoo Hit With £250K Fine Over 2014 Data Breach

    Britain's data protection watchdog said Tuesday that it has fined Yahoo £250,000 ($334,000) for security lapses that were exploited in a 2014 data breach that exposed the personal data of around 500 million account holders worldwide, days after Yahoo's lead European regulator said the internet company flouted EU law in how it handled the episode.

Expert Analysis

  • Ending Forced Arbitration In Workplace Discrimination Cases

    Joseph Abboud

    While recent actions to eliminate forced arbitration for employee sexual harassment and sex discrimination claims are welcomed developments in the wake of the #MeToo movement, the concerns motivating the movement provide a similar opportunity to consider the ramifications of changes that benefit one group and how they might be expanded to benefit all workers, says Joseph Abboud of Katz Marshall & Banks LLP.

  • The Future Of Antitrust Claims At The ITC

    Matthew Rizzolo

    In March, the U.S. International Trade Commission's dismissal of U.S. Steel’s complaint caused some to question whether there remained a viable path for antitrust-based claims at the ITC. But the initiation of an antitrust-based Section 337 investigation just days later shows that the door for antitrust claims at the ITC has not closed, say attorneys with Ropes & Gray LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • Dark Time For Data: Get Ready For WHOIS Blackout

    Peter Willsey

    The WHOIS system is set to undergo a monthslong "blackout" period when the EU General Data Protection Regulation takes effect on May 25, during which intellectual property lawyers will have a much more difficult time identifying the owners of domain names associated with infringing trademarks and content, say Peter Willsey and Timothy Hance of Cooley LLP.

  • Apple Just The Beginning As EU And US Clash Over Taxes

    Catherine Robins

    In the latest twist of the saga of European Commission challenges to the very low levels of tax paid in the European Union by U.S.-owned multinationals, Apple Inc. was ordered to repay $15.5 billion to the Irish government. However, this is not the only move that puts the European Union on a collision course with the U.S. in the arena of international taxation, says Catherine Robins of Pinsent Masons LLP.

  • The Future Of Design Patent Remedies Is Unclear

    Derek Dahlgren

    The Apple v. Samsung design-patent retrial — scheduled to begin on Monday — is an opportunity to clear up confusion on remedies. However, the complicated test that will be used for determining the article of manufacture presents the risk of creating more confusion, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • A New Regulatory Avenue For NY Cryptocurrency Exchanges

    Jonathan Sorkowitz

    Virtual currency businesses in New York should understand that they are under scrutiny even if they receive New York BitLicenses. The Virtual Markets Integrity Initiative will most likely survive the resignation and departure of former Attorney General Eric Schneiderman, so businesses should proceed cautiously, says Jonathan Sorkowitz of Skarzynski Black LLC.

  • Data Breach Disclosure Lessons From SEC's $35M Yahoo Fine

    Michael Dicke

    The $35 million fine levied against Altaba, formerly known as Yahoo, marks the first time that the U.S. Securities and Exchange Commission has alleged that a company’s failure to disclose a data breach violated the federal securities laws. This enforcement action may also give breach-related securities class actions new life, say Michael Dicke and Alexis Caloza of Fenwick & West LLP.