• March 27, 2017

    IRS Ignored ID Security Warnings After Breach, Report Says

    In the wake of a 2015 security breach, the IRS not only ignored warnings that a PIN application it uses to fight identity theft may have been compromised, but failed to implement any effective strategy to mitigate fraudulent tax returns, according to a government inspection report released Monday.

  • March 27, 2017

    Judge Urged To Nix Antitrust Suit Over Card Shuffling Patents

    Scientific Games Corp. and Bally Technologies Inc. asked an Illinois federal judge on Friday to dismiss a card shuffling company's antitrust claims that the pair tried to defraud the patent office, saying another court already found their patent claims had a sufficient legal basis.

  • March 27, 2017

    ClearCorrect Gets PTAB To Nix Claims Of Invisalign Patent

    The Patent Trial and Appeal Board decided Friday that several claims of an Align Technology Inc. patent on teeth-straightening technology are invalid, handing a win to ClearCorrect Operating LLC in the rivals' high-profile patent dispute.

  • March 27, 2017

    Hasbro Gets Judge To Ax 5 Patents Under Alice In Furby Case

    A California federal judge has cleared Hasbro Inc.’s Furby toys of infringing five patents on technology for controlling toys with sounds, finding that the patents are invalid under the U.S. Supreme Court’s Alice ruling for claiming only an abstract idea.

  • March 27, 2017

    Cox Lobbies FCC Against Special Access Regs For Cable

    The Federal Communications Commission has “no reasonable basis” to slap Cox Communications Inc. and other cable providers in the business data services market with regulation, the company has told the agency, also pushing only for narrowly targeted price regulations for legacy services, according to a filing posted publicly Monday.

  • March 27, 2017

    Trump Son-In-Law To Oversee Gov’t Modernization Task Force

    President Donald Trump’s son-in-law, publisher and business magnate Jared Kushner, is set to have a further expanded White House role as he will head a modernization task force within the West Wing, the administration announced Monday.

  • March 27, 2017

    Calif., Tech Cos. Join Challenge To 'Sanctuary City' Order

    The state of California, 15 technology companies and numerous others have filed amicus briefs urging a California federal court to issue a nationwide injunction blocking President Donald Trump’s executive order to withhold federal funds from so-called sanctuary cities for immigrants.

  • March 27, 2017

    4 Cos. Launch IPOs Surpassing $1B As Activity Picks Up

    A technology “unicorn,” energy master limited partnership and online lender launched initial public offerings on Monday totaling about $504 million — adding to an estimated $550 million IPO launched Friday by a trucking company — and set to price during a busy first week of April.

  • March 27, 2017

    Longfellow Nabs $78M Loan From Citizens Bank, Capital One

    Citizens Bank NA and Capital One Financial Corp. have loaned $77.5 million to Longfellow Real Estate Partners LLC for a technology-focused office project that will include restaurant and retail components, according to a release Monday from borrower-side broker Holliday Fenoglio Fowler LP.

  • March 27, 2017

    Deals Rumor Mill: EGA, Ferromex, Fortis Healthcare

    Emirates Global Aluminum has chosen advisers to assist with a planned $3 billion IPO, Mexican railroad operator Ferromex is nearing an acquisition of Florida East Coast Railway, and India's Fortis Healthcare has interest in buying the shares in RHT Health Trust that it does not already own.

  • March 27, 2017

    Genstar Closes PE Fund With $3.95B In Available Capital

    Genstar Capital, a San Francisco-based middle market private equity shop focused on investments in the financial services, software, industrial technology and health care industries, has clinched its latest fund with about $3.95 billion in available capital, the firm said on Monday.

  • March 27, 2017

    Legal Tech Download: Venture Capital And Higher Education

    The world of legal technology is quickly evolving, with new products aimed at aiding lawyers coming to market in rapid succession. Here, Law360 takes a look at seven major recent developments in legal tech.

  • March 27, 2017

    Plaintiffs Bar Perspective: Outten & Golden's Adam Klein

    We don’t have “beauty contests” or an ability to pitch to prospective clients in the same way as management attorneys. Instead, we routinely work with and support civil rights organizations and focus on issues that confront applicants and employees that are evolving concerns within the workplace, says Adam Klein, deputy managing partner of Outten & Golden LLP.

  • March 24, 2017

    IRS Must Rethink Transfer Pricing Cases After Amazon Loss

    The Internal Revenue Service's blistering loss in a $1.5 billion transfer pricing dispute with Amazon has experts calling for a re-examination of the agency's valuation methodologies in order to prevent it from wasting its own resources and those of taxpayers.

  • March 24, 2017

    Heart Apps Revise Ad, Privacy Practices In Deal With NY AG

    A trio of mobile health app developers have agreed to pay $30,000 and revise their advertising and privacy policies to resolve the New York attorney general's claims that they falsely touted their apps' ability to measure key vital signs and were unclear about what data the apps scooped up, the regulator said Thursday. 

  • March 24, 2017

    1.4 Million Illinois Job Seekers' Info Potentially Hacked

    Gov. Bruce Rauner's office confirmed Friday that a vendor contracted with the state's Department of Employment Security had its data breached earlier this month in a hack that touched the data of 1.4 million job seekers in Illinois.

  • March 24, 2017

    Taxation With Representation: Latham, Kirkland, Simpson

    In this week’s Taxation With Representation, Capitol Acquisition combined with Cision to go public in a $2.4 billion deal, a private equity firm acquired Checkers Drive-In Restaurants for $525 million, and a Connecticut-based data analytics service provider bought a risk management software firm for $205 million.

  • March 24, 2017

    EU Lawmakers Declare 'Privacy Shield' Pact Inadequate

    A European parliamentary committee on Thursday narrowly approved a resolution that slammed the EU-U.S. Privacy Shield data transfer pact for “key deficiencies” that need to be addressed during an upcoming review of the mechanism, including concerns over the U.S. government’s alleged failure to curb sweeping surveillance efforts.

  • March 24, 2017

    ADT Agrees To Pay $16M To End Alarm Hackability Suits

    ADT LLC has agreed to pay $16 million to end five separate proposed class actions alleging the home security company deceived consumers about the efficiency of its devices and their vulnerability to hacking, according to documents filed in California federal court on Thursday,

  • March 24, 2017

    USPTO Tells Fed. Circ. AIA Time-Bar Orders Not Appealable

    The U.S. Patent and Trademark Office has urged the full Federal Circuit to hold that the Patent Trial and Appeal Board’s decisions that an America Invents Act petition is timely cannot be appealed, saying that the statute clearly prohibits such appeals.

Expert Analysis

  • Gorsuch's Originalism In The Age Of Bytes And Blockchains

    April Doss

    With U.S. Supreme Court confirmation hearings for Neil Gorsuch kicking off this week, it’s worth considering how his originalist philosophy might affect cases addressing individual privacy, government surveillance and private sector use of rapidly changing technologies. When people need practical solutions to legal questions at the intersection of modern technology, privacy and the law, originalism frequently fails, says April Doss... (continued)

  • Killing Class Actions Means Everybody Loses

    Daniel Karon

    Congress is trying to kill class actions again. H.R. 985 would impose a host of impossible requirements on the certification of class members, and close the courtroom doors to countless victims of serious fraud, negligence and other abuses. But it would also cause well-behaving companies to lose market share, profits and sales to cheaters who aren’t policed, says Daniel Karon of Karon LLC.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • Recent Merger Ruling Is Good For Massachusetts Directors

    George J. Skelly

    In a group of consolidated shareholder cases stemming from the EMC-Dell merger, Massachusetts' highest court recently issued a decision that provides directors of publicly traded Massachusetts corporations with a meaningful check on breach of fiduciary duty litigation brought in the context of mergers, say attorneys with Nixon Peabody LLP.

  • The Evolving Role Of AI In Health Care Delivery

    Dale C. Van Demark

    The expanded potential of artificial intelligence systems in health care delivery is likely not as far away as we might think, and recent advances mean we will soon face a new set of perplexing issues in health care regulation. Dale Van Demark of McDermott Will & Emery LLP discusses key questions to consider, like whether AI systems should be imbued with legal attributes of personhood.

  • Outdated Rules Are Holding Back Energy Storage

    Daniel Hagan

    Energy storage — which can act both like a generator, injecting electricity onto the grid, and like a transmitter or distributor, providing frequency response and load management — has massive growth potential in today’s energy markets. But current U.S. market rules and industry practices make it difficult to take full advantage of energy storage, say Daniel Hagan and Jane Rueger of White & Case LLP.

  • Arbitration Agreements In Calif. Require Consumer Assent

    Jay Bogan

    In Norcia v. Samsung, the Ninth Circuit ruled that a consumer is not bound to an arbitration clause in a warranty brochure in a box containing a purchased product if the box does not call attention to the existence of the clause. This emphasizes the importance of the old-fashioned concept that a party must have notice of and assent to a contractual provision in order to be bound by it, say Jay Bogan and Allen Garrett of Kilpatrick ... (continued)

  • 9th Circ. Widens Split Over Dodd-Frank Whistleblowers

    Steven J. Pearlman

    In Somers v. Digital Realty Trust, the Ninth Circuit recently ruled that the anti-retaliation provision in Dodd-Frank protects whistleblowers who make internal complaints but do not complain to the U.S. Securities and Exchange Commission. The decision deepens the current circuit split on the issue and there is now a realistic possibility this case could ascend to the U.S. Supreme Court, say Steven Pearlman and Edward Young of Proskauer Rose LLP.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Rebuttal

    Why China Is A Good Place For NPEs

    Erick Robinson

    A recent Law360 guest article's conclusion that China will see little nonpracticing entity activity over the next five years is short-sighted. I currently represent several NPEs in China, and my view is quite different, says ‎Erick Robinson, director of patent litigation at Beijing East IP Ltd.