• January 12, 2017

    9th Circ. Revives Apple App Store Monopoly Suit

    The Ninth Circuit on Thursday revived a suit accusing Apple Inc. of illegally monopolizing the market for iPhone apps, ruling that the phone maker is a distributor from which the buyers directly purchase services in a published decision that split from the Eighth Circuit.

  • January 12, 2017

    Fed. Circ. Reopens Apple-Samsung Patent Damages Row

    The Federal Circuit reopened the patent fight between Apple and Samsung on Thursday, about a month after the U.S. Supreme Court ruled Samsung may not have to pay all its profits from the smartphones found to infringe Apple’s design patents.

  • January 12, 2017

    SEC To Focus On 'Robo-Advisers,' Senior Abuse In 2017

    The U.S. Securities and Exchange Commission announced its exam priorities for the year on Thursday, saying the agency's examiners will be reviewing how firms use "robo-advisers," identify financial exploitation of senior investors, and comply with new money market fund rules.

  • January 12, 2017

    Kudelski Group Hits NFL With Digital Content IP Suit

    A California subsidiary of the Swiss digital security company Kudelski Group hit NFL Enterprises LLC with a lawsuit in Texas federal court Thursday, accusing the sports media giant of infringing seven of its patents related to video streaming and security software, including one patent for a PIN function on the NFL website.

  • January 12, 2017

    Nortel Resolves Objections To Ch. 11 Plan From IP Fight

    Nortel Networks Inc. told the Delaware bankruptcy court Thursday that it has come one crucial step closer to confirming a long-awaited Chapter 11 plan after it resolved objections to the strategy stemming from a stubborn intellectual property and trade secrets fight stretching back years.

  • January 12, 2017

    Kid-Tracker Co.'s Ch. 11 Liquidation Plan Gets Court Approval

    A kid-tracking device maker received court approval Thursday in Delaware for its Chapter 11 plan of liquidation after closing on a sale of its assets in November and resolving an objection to the plan from an investment banker seeking payment for its fees.

  • January 12, 2017

    Amazon To Begin Remitting Sales Tax To South Dakota

    South Dakota Republican Gov. Dennis Daugaard has announced that Inc. will start remitting sales tax in the state, a move that follows Daugaard's signing of a bill seeking to overturn decades-old U.S. Supreme Court precedent that limits states’ ability to collect sales and use taxes from out-of-state sellers.

  • January 12, 2017

    EPA Finalizes Nanoscale Chemical Reporting Requirements

    The U.S. Environmental Protection Agency on Wednesday finalized a rule requiring one-time reporting of existing exposure and health and safety information on nanoscale chemical substances currently in use.

  • January 12, 2017

    Latham Attorneys Escape Sanctions In Craigslist IP Row

    Latham & Watkins attorneys representing Craigslist in an patent infringement suit on Thursday dodged EveryMD’s push for sanctions when a California federal judge agreed with the popular classified listings website that there is not enough support to find the complaint is a “frivolous” tactical maneuver.

  • January 12, 2017

    Avago Fights 'Boilerplate' Antitrust Suit Over Tech Patents

    Avago Technologies and its affiliates urged a California federal judge Thursday to toss an antitrust suit by electronics maker Funai that accuses them of leveraging their patents to gain a monopoly over the wireless network and video compression markets, saying the allegations are "boilerplate" and don't point to specific harm.

  • January 12, 2017

    Investors Plug $100M Into Lending Platform Funding Circle

    Small-business-focused lending platform Funding Circle has brought in $100 million from a group of private investors led by Accel Partners and featuring Baillie Gifford & Co., Rocket Internet and others, according to a Wednesday statement.

  • January 12, 2017

    AppDynamics Launches $132M IPO, First 2017 Tech Offering

    Silicon Valley software provider AppDynamics Inc. on Thursday launched an initial public offering estimated to raise $132 million, advised by Wilson Sonsini Goodrich & Rosati P.C., marking the first so-called unicorn to foray into public markets in 2017 and potentially the first of many.

  • January 12, 2017

    FTC To Look Into Toys That Spy

    The Federal Trade Commission has responded to calls from consumer groups urging it to probe internet-connected toys for potential privacy and security risks, vowing Wednesday to "carefully review" concerns over the playthings.

  • January 12, 2017

    Spectrum License Co. Agrees To $100M Settlement With FCC

    A wireless spectrum trader has settled a dispute with the Federal Communications Commission over allegations it lied about its buildout of wireless infrastructure for $100 million, and possible divestment from its spectrum licenses, the parties announced Thursday.

  • January 12, 2017

    GAO Rejects Pricing Eval Challenge To $50B GSA IT Project

    The Government Accountability Office rejected consolidated bid protests Wednesday challenging the General Services Administration's plan to keep price a secondary consideration in filling the 60 available spots for an up-to-$50 billion IT project, finding costs needn't be a “significant” factor while rejecting the remaining arguments.

  • January 12, 2017

    Apple Deletes Secondhand-IPhone Accuser's Claims

    Apple Inc. escaped a customer’s suit alleging the tech giant hides the fact that damaged iPhones covered by service plans are replaced with secondhand phones after a California federal judge said Wednesday that the customer had only received new replacement phones and failed to show she relied on the company's supposed misrepresentations.

  • January 12, 2017

    France-Focused Omnes Capital Clinches $224M Fund

    Paris-based Omnes Capital, which was formerly the private equity branch of Credit Agricole SA, on Thursday said that it has closed an oversubscribed €210 million ($224 million) that will invest in France-based small and medium-size businesses in sectors including technology and transportation.

  • January 12, 2017

    Enfish Can't Add Patent Claims In Microsoft Row

    A California federal judge on Wednesday allowed Enfish LLC to update its existing claims that Microsoft Corp. infringed two database technology patents, but declined to allow the patent owner to tack on new claims against the software giant.

  • January 11, 2017

    Oculus Exec Denies Using Stolen Code In $2B Trial

    The chief technology officer for Facebook-owned Oculus VR LLC, who formerly worked for a video game developer seeking $2 billion in a Texas federal court trial, told jurors Wednesday the virtual reality headset wasn’t founded using stolen technology.

  • January 11, 2017

    US, Swiss Reach Own 'Privacy Shield' Data Transfer Deal

    The U.S. and Swiss governments on Wednesday finalized a Privacy Shield agreement that will allow multinationals to transfer personal data between the two regions and mirrors a separate pact between the U.S. and European Union that was hammered out last year.

Expert Analysis

  • FCPA Predictions For 2017

    Michael Volkov

    Everyone is predicting major changes in the U.S. Department of Justice's Foreign Corrupt Practices Act enforcement. I do not share this view. Frankly, FCPA enforcement is more bipartisan than other controversial enforcement programs, and the DOJ’s FCPA program is very profitable, says Michael Volkov, CEO of The Volkov Law Group LLC and a former federal prosecutor.

  • Section 101 Arguments On The Rise At ITC

    Eric W. Schweibenz

    The U.S. Supreme Court’s 2014 Alice decision has been invoked in hundreds of cases over the last two years but has had relatively little impact at the U.S. International Trade Commission — until recently, say Eric Schweibenz and John Presper of Oblon McClelland Maier & Neustadt LLP.

  • Time Is Running Out For Auto Cybersecurity Standards

    Jonathan Michaels

    According to a new report from Billington Cybersecurity, the automotive industry needs to adopt tougher cybersecurity standards for autonomous vehicles. However, at a time when we cannot wait to create a defense, legislation aimed at establishing federal standards to secure automobiles and protect drivers’ privacy is failing to pass, says Jonathan Michaels of MLG Automotive Law APLC.

  • Chancery Confirms Fate Of Fee-Shifting Bylaws

    Lisa R. Stark

    To the extent it was unclear following the 2015 amendments to the Delaware General Corporation Law, the Delaware Chancery Court’s decision in Solak v. Sarowitz confirms to practitioners that any fee-shifting bylaw or charter provision adopted by a stock corporation and relating to internal corporate claims is invalid, say Lisa Stark and Taylor Bartholomew of K&L Gates LLP.

  • The Duty To Supplement Expert Reports: Part 2

    Gregg Weiner

    Expert testimony is critical in many commercial cases. But during a trial, new facts, unexpected issues and changes in strategy may emerge. Expert opinions must therefore be flexible enough to adapt to changed circumstances. Attorneys from Ropes & Gray LLP explain how to avoid pitfalls associated with offering expert trial testimony not spelled out in the expert report.

  • The Duty To Supplement Expert Reports: Part 1

    Gregg Weiner

    Expert testimony is critical in many commercial cases. But during a trial, new facts, unexpected issues and changes in strategy may emerge. Expert opinions must therefore be flexible enough to adapt to changed circumstances. Attorneys from Ropes & Gray LLP explain how to avoid pitfalls associated with offering expert trial testimony not spelled out in the expert report.

  • Key Goals For The Next Secretary Of Transportation

    Kathryn Thomson

    President-elect Trump has stated his intent to nominate Elaine Chao as his secretary of transportation. Chao is the wife of Senate Majority Leader Mitch McConnell, R-Ky., and a consummate Washington insider. To achieve success, she must be a visionary, creative and aggressive leader who will work with a diverse group of stakeholders and hold Congress accountable in key areas, says Kathryn Thomson of Morrison & Foerster LLP.

  • Be Prepared For Law Firm Data Breach Litigation

    Scott Vernick

    The April 2016 leak of "Panama Papers" documents from law firm Mossack Fonseca removed any doubt that the threat of cyberattacks against the legal industry is more than hypothetical. While the case law on law firm data breach litigation has largely yet to be written, there are certain fundamental tenets worth reviewing, say Scott Vernick and Peter Buckley of Fox Rothschild LLP.

  • Samsung V. Apple And The Trend Toward Incremental Value

    Marianne Ley Hayek

    The incremental value of patented technology has been addressed in judicial opinions concerning utility patent infringement damages. The U.S. Supreme Court's recent decision in Samsung v. Apple could be a signal that design patent damages might soon require a similar test to claim damages on an entire device, says Marianne Ley Hayek of Nathan Associates Inc.

  • Get Ready For The Long Arm Of EU Privacy Regulation

    Francoise Gilbert

    The 99 articles of the EU General Data Protection Regulation create a tsunami of obligations for not only the European Economic Area-based operations of subsidiaries of a U.S. business, but also the activities that a U.S. business conducts from U.S. shores, even if there is no legal establishment in the EEA, says Francoise Gilbert of Greenberg Traurig LLP.