• August 16, 2017

    Waymo Jury May Learn Of Uber’s Shady Discovery Tactics

    U.S. District Judge William Alsup said Wednesday he might allow Waymo to tell a California federal jury that Uber was evasive about providing evidence the head of its self-driving car division stole trade secrets from Waymo before quitting his job there, saying the panel should know “how they hide the ball.”

  • August 16, 2017

    Fed. Circ. Says Video-Streaming Patents Invalid Under Alice

    The Federal Circuit affirmed a Delaware district court ruling that two video-streaming patents that VideoShare LLC accused YouTube LLC and its parent company Google Inc. of infringing are invalid under the U.S. Supreme Court’s Alice decision because they only cover the abstract idea of sharing streaming video online.

  • August 16, 2017

    Woman Cops To $2.25M Online Steroid Distribution Scheme

    A California woman pled guilty in Missouri federal court Wednesday to taking part in a $2.25 million drug-trafficking scheme involving the online sale of anabolic steroids to athletes and other customers across the U.S., while her co-conspirator received a three-year prison sentence for his role in the scheme.

  • August 16, 2017

    Latham Win Hones Tool Against Malicious Prosecution Suits

     A California high court decision that an earlier ruling in favor of a Latham & Watkins LLP client protects the firm from malicious prosecution claims, despite a later bad-faith finding against the client, reinforces that such suits can only be brought over the most meritless of allegations and buttresses a key defense for firms, experts say.

  • August 16, 2017

    Fed. Circ. Upholds Alice Test Ax Of Training System Patent

    The Federal Circuit on Wednesday upheld a New York federal court’s invalidation of a remote employee training system patent, a 2016 ruling that invoked the Alice standard and drew a parallel between the claimed invention and Scantron tests that were introduced in the 1970s.

  • August 16, 2017

    USAA Gets Online Security Patent Nixed In CBM Review

    The Patent Trial and Appeal Board held Tuesday that a patent for an online security method challenged by the United Services Automobile Association was invalid as anticipated and obvious, rejecting the inventor’s argument that the patent wasn’t eligible for covered business method review.

  • August 16, 2017

    China Unicom Eyes $11.6B Investment From Tech Cos.

    State-owned telecommunications company China Unicom expects to raise about $11.6 billion from a group of investors like tech heavyweights Tencent, Baidu and Alibaba, as part of an ongoing privatization being carried out by the Chinese government, according to a Wednesday regulatory filing.

  • August 16, 2017

    Consent Not Only Way To Honor EU Data Law, Regulator Says

    The U.K.'s privacy regulator on Wednesday sought to dispel concerns that the only way to comply with the stringent requirements for processing consumer information under the European Union's looming general data protection regulation is to get explicit consent, noting that the method isn't a "silver bullet" and that several other options exist.

  • August 16, 2017

    6th Circ. Backs Hemlock’s $793M Win In Supply Contract Row

    A Sixth Circuit panel on Wednesday upheld Hemlock Semiconductor Corp.’s $793 million damages win and a $3.5 million attorneys' fees award in a supply contract dispute with a SolarWorld unit, rejecting the argument that a lower court shouldn’t have struck SolarWorld’s defense that the agreements the companies had were illegal.

  • August 16, 2017

    GAO Won't Rethink Denying Lockheed's $600M Bid Protest

    The U.S. Government Accountability Office, in a decision made public on Tuesday, said it will not revisit its rejection of Lockheed Martin Integrated Systems Inc.’s bid protest over a $600 million U.S. Army Corps of Engineers management and tech support contract, saying that alleged errors in the decision did not warrant reopening the dispute.

  • August 16, 2017

    9th Circ. Asks Calif. Court For View On Apple Bag Checks

    A Ninth Circuit panel on Wednesday asked the California Supreme Court to weigh in on whether Apple Inc. must pay a certified class of store employees for time spent checking their personal bags, noting that several similar cases are pending in the state and federal courts.

  • August 16, 2017

    Ireland Says No Need To Collect €13 Billion Tax From Apple

    Ireland’s new finance minister rejected demands from the European Union’s competition watchdog to collect €13 billion ($15.3 billion) in back taxes from Apple Inc., saying in an interview published Wednesday that the technology giant did not receive any special tax benefits compared to other businesses.

  • August 16, 2017

    IPhone Buyers Ask For Cert. In AT&T Exclusivity Suit

    A group of consumers accusing Apple Inc. of conspiring with AT&T to lock iPhone customers into the carrier’s voice and data plans asked for class certification on Tuesday, citing common threads in the customers’ complaints.

  • August 16, 2017

    Solar Co. Yingli Wins Dismissal From Securities Fraud Suit

    A California federal judge on Tuesday dismissed solar power firm Yingli Green Energy Holding Co. from a securities fraud case brought by investors that accused the company of making false public statements about a Chinese government program and money it was owed, deciding there weren’t sufficient facts to sustain the suit.

  • August 16, 2017

    Software Co. Must Face Discrimination Suit, Judge Rules

    A Maryland federal judge on Wednesday refused to toss an employment discrimination suit against software company Cyberdata Technologies alleging unfair treatment of nonwhite workers, saying the complaint included sufficient allegations to support a plausible bias claim.

  • August 16, 2017

    NIST Expands Info Security Guidance To Include Industry

    The National Institute of Standards and Technology on Tuesday issued an updated draft of its security and privacy control guidance for federal information systems, providing more guidance for securing “internet of things” devices and for applying those standards to organizations outside of the government.

  • August 16, 2017

    Bregal Sagemount Plugs Nearly $100M Into Financial Tech Co.

    New York-based private equity shop Bregal Sagemount has agreed to invest almost $100 million in Options Technology Ltd., which provides cloud-enabled managed services to the global capital markets, according to a Wednesday statement.

  • August 16, 2017

    Apple Raises $1.97B In First-Ever Canadian Bond

    Apple Inc. on Tuesday again turned to global debt markets to expand its cash arsenal, this time raising CA$2.5 billion ($1.97 billion) in its first-ever Canadian bond, advised by Hogan Lovells LLP.

  • August 16, 2017

    Waymo Denied Uber Board Member Depositions

    Alphabet Inc.’s self-driving car unit Waymo LLC can’t depose two Uber Technologies Inc. board members who apparently lack meaningful information about allegations that the ride-sharing company stole self-driving car secrets, a California magistrate judge said Tuesday.

  • August 16, 2017

    Trump Disbands Deteriorating CEO Advisory Councils

    President Donald Trump disbanded two of his advisory councils on Wednesday as CEOs rapidly abandoned them in response to Trump’s refusal to exclusively blame white supremacists for a fatal rally they held in Charlottesville, Virginia, over the weekend.

Expert Analysis

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • A Summer Update On FCPA: Part 1

    Michael Skopets

    July produced a small uptick in Foreign Corrupt Practices Act enforcement resolutions, including a U.S. Securities and Exchange Commission settlement with Halliburton — the first corporate disposition entered into by the Trump administration — and three individual enforcement actions, say Michael Skopets and Marc Bohn of Miller & Chevalier Chtd.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • A Tale Of 2 Fed. Circ. Inter Partes Review Affirmances

    Jason Keener

    Recently, the Federal Circuit affirmed two rare inter partes review decisions finding all the subject claims not invalid. While both involved the same parties and the same panel of judges, different technologies were at issue, and the reasons for the affirmances tell different stories, says Jason Keener, chairman of Fox Swibel Levin & Carroll LLP's intellectual property group.

  • Venturing Into The Land Of Location Data Collection

    Sheila Pham

    As mobile apps become more customizable to users’ experiences and locations, the data provided and potentially obtained through those customizations become more specific and personal. However, where technology continues to advance at a rapid rate, the law often follows far behind, say Sheila Pham and Mark Mao of Troutman Sanders LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks


    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • From Bills Of Lading To Blockchain Structures: Part 2

    Christopher McDermott

    It may be possible to design a blockchain structure that can fulfill the legal requirements of a bill of lading. But making a blockchain bill of lading negotiable hinges on whether state of mind factors work in a decentralized system that takes transactions out of the hands of human beings, say attorneys with Cadwalader Wickersham & Taft LLP.

  • Texts And Message Apps Are Changing Internal Investigations

    Jessica Nall

    The near-universal use of text messaging and other mobile communication platforms should prompt a major shift in how evidence is gathered and considered in internal corporate investigations, say Jessica Nall and Claire Johnson of Farella Braun & Martel LLP.

  • From Bills Of Lading To Blockchain Structures: Part 1

    Christopher McDermott

    A bill of lading is an old form of legal document, but now technological change — in particular, the emergence of blockchain technology — is raising new questions about the future of this instrument. The challenge is to fit new blockchain structures into legal concepts that evolved for traditional bills of lading, say attorneys with Cadwalader Wickersham & Taft LLP.