• June 22, 2017

    How To Stay Safe In A World Of Law Firm Data Breaches

    About two-thirds of law firms have experienced some sort of data breach, according to a forthcoming cybersecurity scorecard from Logicforce that gives eye-popping clarity to the extent of data breaches in the industry — and what firms can do about it. 

  • June 22, 2017

    Intellectual Ventures Wants Fed. Circ. To Redo PTAB Ruling

    Intellectual Ventures urged the Federal Circuit Wednesday to rehear en banc its ruling that the Patent Trial and Appeal Board did not violate the licensing company’s due process rights by failing to notify it of, and give it the opportunity to rebut, the claim construction that no party had proposed.

  • June 22, 2017

    FCC Plans $120M Robocalling Scam Fine For Miami Man

    The Federal Communications Commission voted at its meeting Thursday to hit a Miami man with a proposed $120 million fine after he allegedly flooded consumers with 96 million unlawful robocalls in three months, in a “major, unprecedented action” of enforcement, FCC Chairman Ajit Pai said.

  • June 22, 2017

    Cogent Communications Gets OK For $3M Class OT Deal

    A California federal judge on Thursday granted preliminary approval to Cogent Communications’ $3 million deal to end class action claims that the internet provider shorted the overtime payments of over 300 workers and purposely kept them in the dark about the state’s labor laws.

  • June 22, 2017

    Trump Says Infrastructure Plan Will Include Broadband

    President Donald Trump said Wednesday in remarks in Cedar Rapids, Iowa, that his “$1 trillion proposal” for American infrastructure will support funding for rural broadband access, drawing praise Thursday from Federal Communications Commission Chairman Ajit Pai, who said the president’s decision “holds great promise.”

  • June 22, 2017

    Uber Must Give Driver Info To San Francisco Tax Office

    Uber Technologies Inc. must disclose driver information to the San Francisco tax collector in response to the city’s attempt to verify that drivers are securing business licenses in accordance with local law, a Superior Court judge said Thursday, while the company continues to voice privacy concerns.

  • June 22, 2017

    ITC Target Pins Patent Probe On Honeywell 'Monopoly' Push

    The U.S. International Trade Commission announced an investigation Wednesday into whether imported bar code scanners violate Honeywell Inc. patents, but the targeted company says the probe represents a continuing effort by the tech giant to litigate its way into a monopoly.

  • June 22, 2017

    Ex-Uber CEO Knew Engineer Had Trade Secrets, Waymo Says

    Former Uber Technologies Inc. CEO Travis Kalanick knew last year that a then-engineer possessed trade secrets from Waymo LLC, Alphabet Inc.’s self-driving car unit said Wednesday while arguing that Uber must prove to a California federal court that it shouldn’t be held in contempt for its repeated failure to surrender the documents.

  • June 22, 2017

    Implant Sciences, Watchdog Protest Bid For Consultant

    Both the Implant Sciences bankruptcy estate and the U.S. Trustee’s Office balked Thursday at the official equity committee’s bid to hire a consultant as its own solicitation agent for the bomb detection firm’s Chapter 11 plan, a measure the debtor and watchdog argue is unreasonable.

  • June 22, 2017

    Patent Experts Broaden Merchant & Gould’s NYC Office

    Merchant & Gould’s intellectual property practice in New York has added two patent-savvy partners, one who counsels sports gaming giant DraftKings and another who regularly helps clients challenge patents in inter partes reviews before the Patent Trial and Appeal Board, the firm announced Tuesday.

  • June 22, 2017

    Hogan Lovells Adds Another Ex-Weil M&A Pro In Silicon Valley

    Hogan Lovells has brought on another member of the Silicon Valley powerhouse transactions team it hired from Weil Gotshal & Manges LLP in April, adding a partner with experience representing technology and life sciences companies in U.S. and international mergers, acquisitions and other matters.

  • June 22, 2017

    U. Of Minn. Says Infringement Suits Didn't Waive IPR Immunity

    The University of Minnesota urged the Patent Trial and Appeal Board on Wednesday to dismiss challenges Ericsson Inc. brought against five of its patents in inter partes review, arguing it did not waive sovereign immunity by suing phone carriers like AT&T for infringement.

  • June 22, 2017

    FanDuel, DraftKings Slammed For Patent Row Transfer Bid

    Gambling technology companies accusing FanDuel Inc. and DraftKings Inc. of infringing their patents told a Nevada federal court Wednesday that the case has progressed too far for the daily fantasy sports giants to now attempt a Delaware transfer.

  • June 21, 2017

    Arista Dodges $600M Fine In Cisco Patent Dispute At ITC

    A U.S. International Trade Commission administrative law judge has issued an initial determination that Arista's sale of redesigned network switch products complies with the terms of a cease-and-desist order imposed after Cisco accused Arista of patent infringement last year, permitting Arista to dodge a penalty of $600 million, the company announced Wednesday.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Google Dodges Space Data's Contempt Bid In IP Tech Row

    A California federal magistrate judge on Wednesday rejected Space Data Corp.’s bid to hold Google in contempt for failing to hand over certain “core technical documents” as ordered in their intellectual property fight, saying the search giant can withhold the material while it appeals the order.

  • June 21, 2017

    Toshiba, Intellectual Ventures To Settle Chip Patent Case

    Toshiba and Intellectual Ventures stipulated Tuesday that they have settled a case in which a Delaware federal jury in January found that the technology giant hadn't induced infringement of a patent covering an adapter that allows a handheld computer to communicate with multiple attached devices.

  • June 21, 2017

    RNC Contractor Sued For Exposing Data Of 198M Voters

    Voters in Florida have hit a data analytics company contracted with the Republican National Committee with a proposed class action, saying it’s liable for leaving a server containing the personal information of almost 200 million voters open to anyone on the internet who knew where to look.

  • June 21, 2017

    Sen. McCaskill Presses Booz Allen On Unsecured Server

    Sen. Claire McCaskill, D-Mo., demanded answers from Booz Allen Hamilton in a letter obtained by Law360 about reports the contractor left sensitive information, including senior engineers' passwords and security credentials, on a public unsecured server.

  • June 21, 2017

    Limelight Flubbed IP Deal Breach Notice, Del. Justices Told

    Akamai Technologies Inc. told the Delaware Supreme Court on Wednesday that a misaddressed email to terminate a patent settlement means longtime rival Limelight Networks Inc. cannot escape the $40 million in remaining payments.

Expert Analysis

  • WrkRiot: Rite Of Passage Or Federal Offense?

    Casey O’Neill

    The U.S. Department of Justice recently arrested Isaac Choi, founder and former chief executive of the Silicon Valley startup WrkRiot, on wire fraud charges. The situation has lessons to teach about the evolving landscape of criminal investigation and prosecution in the startup environment, say Casey O’Neill and Hanley Chew of Fenwick & West LLP.

  • Even At Google, Employee Complaint Forums Pose Issues

    Kirstin Muller

    Regardless of how employers might choose to incorporate electronic complaint mechanisms — like Google's “Yes, at Google” weekly email newsletter — into their palette of employee/employer communication resources, one issue is certain: This avenue for discussion is here to stay and trending toward expansion, says Kirstin Muller of Hirschfeld Kraemer LLP.

  • Obviousness May Soon Return To High Court

    Derek Dahlgren

    Consensus is building that the U.S. Supreme Court should grant the petition to hear Samsung v. Apple. The issue that has received the most attention from the amici briefs and the most pages from the parties is how the Federal Circuit applied the obviousness analysis, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • Fix Market Distortions By Putting A Price On Carbon

    Kenneth Grant

    Secretary of Energy Rick Perry has criticized “market-distorting effects of federal subsidies that boost one form of energy at the expense of others.” But the failure to account for the social costs of carbon emissions from fossil fuels is a market distortion that remains unaddressed, say Kenneth Grant and Charles Augustine of Compass Lexecon.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • 'Dancing Baby' Copyright Case Through A Proper Lens: Part 2

    David Lichtman

    The Ninth Circuit was correct in its finding that any fair-use analysis for a Digital Millennium Copyright Act takedown notice is a fact-based, subjective determination. According to the Lenz petition for certiorari, the Ninth Circuit’s decision would open the floodgates for a slew of unreasonable claims as grounds for removal of online speech — but the petition conflates incorrectly “subjective beliefs” with “unreasonable beliefs,... (continued)

  • How Driverless Cars Will Impact A Wide Range Of Industries

    Mike Nelson

    It is becoming clear that the disruptive nature of the autonomous vehicle will extend far beyond the automotive industry. Conversations with clients from a variety of industries have provided unique insight into what a future might look like without humans behind the wheel, say Mike Nelson and Trevor Satnick of Eversheds Sutherland.

  • What's New About Germany's Merger Control Regime

    Thomas Schürrle

    Recent changes to German merger control review should not result in dramatic changes because they merely expand the pre-existing thresholds. However, the amendment is an important step toward adapting the German competition law to the challenges of the digital economy, say attorneys with Debevoise & Plimpton LLP.

  • The Triple Threat Of The Internet Of Things

    H. Michael O'Brien

    Recent cyberattacks launched from internet-connected devices illustrate that the growth of such products creates an opportunity for malevolent actors. The internet of things is highly vulnerable to attacks that can cause denials of service, ransomware incidents and even physical damage to property and people, says H. Michael O'Brien of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • 'Dancing Baby' Copyright Case Through A Proper Lens: Part 1

    David Lichtman

    The question presented to the U.S. Supreme Court in Lenz v. Universal Music, as framed by the anti-copyright group the Electronic Frontier Foundation, somewhat misstates what the Ninth Circuit actually held in the underlying case, and the petition for certiorari does not actually address the most important issue raised by the case, say David Leichtman of Leichtman Law PLLC and Sherli Furst of Robins Kaplan LLP.