• August 16, 2017

    Testifying Exec A 'Convincing Liar,' Texting Scam Jury Hears

    Counsel for a former mobile technology company executive accused of participating in a scheme that reaped millions by signing unknowing consumers up for messaging services went after one of the company's ex-vice presidents Wednesday, relentlessly lobbing questions in an effort to cast doubt on the man’s testimony and distance his client from the alleged crimes.

  • 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.

Expert Analysis

  • The Role Of Assertive Patent Licensing

    Charles Neuenschwander

    Assertive licensing is an attempt to grant rights to an unlicensed party that currently uses the licensor’s patented technology. It is less an option and more the last choice in a continuum of licensing tools. But there is nothing sinister about it, says Charles Neuenschwander, president of Neuenschwander Associates.

  • Antitrust Complaints About Giant Companies Are Not New

    Steven Cernak

    According to many publications, a handful of companies are getting too big, and maybe we need to change the antitrust laws. What these commentaries never seem to acknowledge is that the U.S. economy has seen these kinds of supposedly unassailable behemoths in the past — and survived, says Steven Cernak of Schiff Hardin LLP.

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • How Fed. Circ. Guides PTAB On CBM Review: Part 2

    Brian Mudge

    Seven recent decisions show the Patent Trial and Appeal Board has adjusted its approach in evaluating whether a patent is eligible for covered business review following the Federal Circuit’s guidance in Unwired Planet and Secure Axcess, say Brian Mudge and Andrew Kasnevich of Andrews Kurth Kenyon LLP.

  • The State Of Biometrics Technology: The Uses, The Concerns

    Haydn Evans

    Despite early implementations dating back to the 2000s, biometrics technologies are still an emerging trend. Biometric identification and validation techniques are being introduced to new and more innovative industries — for both security purposes and personal convenience, says Haydn Evans of CPA Global.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • Textalyzer Technology Faces Privacy Roadblocks

    Tamara Kurtzman

    Designed to deter and identify distracted drivers, Cellebrite's “textalyzer” is a mobile device that, once connected to a cellphone, purports to reveal whether any phone activity occurred. While some states have already taken steps to see this technology implemented on their roads, lawmakers in states like California may face difficulty, says Tamara Kurtzman, managing partner of TMK Attorneys.

  • Using AI To Monitor For Workplace Sexual Harassment

    Eve Wagner

    Company decision-makers are looking for new ways to prevent sexual harassment. But is using artificial intelligence really the answer? The ramifications for employee privacy are significant, says Eve Wagner of Sauer & Wagner LLP.