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  • October 16, 2018

    Viacom Can't Arbitrate Kids' Data Privacy Row, Judge Says

    A California federal judge has shot down Viacom's bid to send to arbitration a proposed class action accusing it of unlawfully collecting and selling personal information belonging to children who used one of its mobile apps, ruling that there was no evidence that the users had ever seen or agreed to the arbitration requirement.

  • October 16, 2018

    FCC Commissioners Support Plan To Reopen 5.9 GHz Rules

    FCC Commissioners Jessica Rosenworcel and Michael O’Rielly offered bipartisan support Tuesday for a trade association’s plan that would rethink the allocation of the 5.9 GHz spectrum band for automotive safety features and use it to power Wi-Fi and unlicensed devices.

  • October 16, 2018

    No Proof Potomac Hurt Investors In PLX Deal, Chancery Says

    Shareholders of semiconductor firm PLX Technology Inc. failed to prove that breaches of fiduciary duty by its directors caused them any financial harm, a Delaware Chancery Court judge ruled Tuesday, saying that activist investor Potomac Capital Partners LP was off the hook for claims of impropriety over its role in the acquisition of PLX.

  • October 16, 2018

    FBI To Restrict Competition On Pending $5B IT Contract

    The FBI has turned away from full competition for its pending $5 billion information technology services contract, saying it will instead look to vendors who already hold supply agreements under an existing broad federal IT deal.

  • October 16, 2018

    Comcast Gets PTAB To Ax Another TiVo Patent

    Comcast notched another win against TiVo in a broad-ranging intellectual property dispute, as the U.S. Patent Trial and Appeal Board on Monday invalidated a patent for an interactive television guide held by TiVo subsidiary Rovi.

  • October 16, 2018

    NY Appeals Court Ends Failed Xerox-Fuji Deal Litigation

    A New York state appeals court on Tuesday dissolved injunctions barring Fuji from pursuing its since-terminated $6.1 billion combination with Xerox and nixed litigation surrounding the failed deal, finding the business judgment rule applies and negates potential conflicts among the companies’ top brass.

  • October 16, 2018

    Apple Dodges False Claims Suit Over B-1 Visas, For Now

    A California federal judge on Tuesday tossed with leave to amend a whistleblower’s False Claims Act lawsuit claiming Apple Inc. and the Indian company Infosys Technologies violated immigration laws by recruiting two Indian nationals with B-1 visas to conduct training sessions instead of obtaining the more expensive H1-B visas.

  • October 16, 2018

    Winning 5G Race Is 'Worthless Exercise,' Clyburn Says

    Former FCC Commissioner Mignon Clyburn called winning the proverbial race to 5G a “worthless exercise” at an American University event Tuesday, saying that whether the nation is first to roll out next-generation mobile services doesn’t matter as much as implementing the services wisely.

  • October 16, 2018

    Google To Charge Phone Makers For Apps After EU Fine

    Google Inc. said Tuesday that it would begin to charge device manufacturers for some of its apps as the company fights a €4.34 billion ($5.04 billion) fine over licensing practices for its Android operating system that the European Union's competition enforcer has deemed abusive. 

  • October 16, 2018

    Calif. Defense Contractor Resolves FCA Claims For $1M

    A California company that provides the U.S. Air Force with command and control systems has agreed to pay $1 million to resolve allegations that it flouted the False Claims Act by including personal expenses in proposals to contractors like Raytheon and Boeing that were then passed on to the government, prosecutors said Monday.

  • October 16, 2018

    99% Of Net Neutrality Comments Opposed Repeal

    Nearly all of the unique comments submitted to the U.S. Federal Communications Commission in 2017 regarding its repeal of net neutrality were opposed to the move, according to a new study by Stanford University researcher Ryan Singel.

  • October 16, 2018

    Qualcomm, FTC Hope For Deal, But Judge Won't Pause Case

    U.S. District Judge Lucy H. Koh has denied a petition filed by Qualcomm and the Federal Trade Commission to delay a partial ruling in an antitrust case in California federal court brought by the commission alleging that the chipmaker engaged in anti-competitive licensing practices.

  • October 16, 2018

    Instacart Receives $600M In Funding Led By D1 Capital

    Grocery delivery service Instacart received $600 million in a financing round led by investment management firm D1 Capital Partners, raising the company's valuation to $7.6 billion, the companies said on Tuesday.

  • October 16, 2018

    Robotic Tech Co. Defends Internal Controls In Fraud Suit

    A robotic technology company has asked a California federal judge to dismiss a proposed class action alleging it defrauded investors by assuring them that internal controls over financial reporting were effective, when an outside auditor later determined they were not.

  • October 16, 2018

    The Path To Becoming A Supreme Court Advocate

    A look at the careers of attorneys who have dominated oral advocacy at the U.S. Supreme Court over the last decade shows a similar path for men and women, with a few key differences. Here’s how the top 10 male and female advocates stack up.

  • October 16, 2018

    Tribes Slam FCC Small-Cell Rule At DC Circ.

    A slew of Native American tribes and tribal organizations asked the D.C. Circuit to strike down a Federal Communications Commission rule that lets mobile carriers build small-cell fixtures for fifth-generation networks without consulting tribes or undergoing historic preservation and environmental reviews.

  • October 16, 2018

    $20M SEC Settlements For Musk, Tesla Approved By Judge

    A New York federal judge on Tuesday signed off on a pair of settlements that will see Tesla Inc. and its embattled CEO Elon Musk pay the U.S. Securities and Exchange Commission $20 million apiece to end claims that Musk misled investors in tweets about taking the Silicon Valley-based electric car maker private.

  • October 16, 2018

    Summit Nabs Stake In Cloud-Based Service Firm For $67M

    Summit Partners is paying $67 million to take a minority stake in Syncron, a cloud-based product solutions and after-sales service firm catering to major manufacturers in the automotive, electronics, industrial and aerospace and defense industries, the buyer said Tuesday.

  • October 16, 2018

    Audi Fined $925M In Germany Over Diesel Emissions

    German authorities on Tuesday hit Volkswagen’s luxury division, Audi AG, with a $925 million fine for selling cars rigged to pass emissions tests despite their emissions being higher than allowable standards.

  • October 16, 2018

    Axinn Enters California With SF Office, Plans To Expand

    Axinn Veltrop & Harkrider LLP announced Tuesday that it has launched a new office in San Francisco, bringing its antitrust and intellectual property capabilities to the West Coast and planning to lure talent to serve its major clients in the state.

Expert Analysis

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • 10 Questions The SEC Will Probably Ask Google: Part 1

    John Reed Stark

    With the announcement this week that a previously undisclosed software bug potentially exposed up to 500,000 Google+ users' personal data, Google has a problem. And the U.S. Securities and Exchange Commission is probably investigating, says John Reed Stark, former chief of the SEC's Office of Internet Enforcement.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Autonomous Ships: Coming Soon To A Port Near You

    Micah Dawson

    With almost 75 percent of marine liability losses being a result of human error, companies are increasingly interested in the development of autonomous ships. While fully autonomous vessels could offer a competitive advantage by allowing elimination of shipboard crew, hiring and training of capable shoreside support staff will be essential, says Micah Dawson of Fisher Phillips LLP.

  • What New Calif. Law Means For Connected Medical Devices

    Michael Buchanan

    Last month, California passed the first-ever state legislation aimed at regulating "internet of things" devices. The new law restricts liability to manufacturers of physical hardware — drawing a narrower line than the U.S. Food and Drug Administration's previous guidance, say Michael Buchanan and Michelle Bufano of Patterson Belknap Webb & Tyler LLP.

  • Hurdles Ahead For California's Female Director Mandate

    Teresa Johnson

    Many believe that California's new law requiring a minimum number of female directors at public companies is necessary. But the law also faces a number of criticisms, and its implementation may well be delayed or even blocked by constitutional challenges, say attorneys with Arnold & Porter.

  • Why It’s Time To Rethink Illinois Brick

    Samuel Miller

    In Apple v. Pepper, the U.S. Supreme Court will consider whether iPhone owners who purchase apps from Apple’s app store should be considered “direct purchasers” under federal antitrust laws. The court should use this opportunity to reevaluate the direct purchaser analysis it established in Illinois Brick Co. v. Illinois, says Samuel Miller of UC Hastings Law School.

  • Do Facebook's Targeted Job Ads Violate Title VII?

    Kristen Sinisi

    For the past 50 years, Title VII issues related to classified employment ads arranged by sex remained relatively well-settled. However, U.S. Equal Employment Opportunity Commission charges against Facebook’s targeted advertising platform recently resurrected them, says Kristen Sinisi of Bernabei & Kabat PLLC.

  • Can Defrauded Crypto Investors Hope To Recover Anything?

    Brett Theisen

    While insolvencies and fraud in the cryptocurrency space will create many issues of first impression for the courts, some valuable lessons can be found in more traditional fraud cases, such as the Bernie Madoff Ponzi scheme, says Brett Theisen of Gibbons PC.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.