• 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.

  • August 16, 2017

    Anti-Trump Site's Host Says DOJ Info Demand Abuses Power

    A webhoster is pushing back against a demand by the U.S. Department of Justice to turn over 1.3 million IP addresses and other information about visitors to an anti-Trump website, telling a Washington, D.C., judge that the search warrant is an unconstitutional abuse of government power.

  • August 15, 2017

    Exec Details Mobile Messenger 'Auto-Subscribe' Scam At Trial

    A former mobile technology company executive dominated the second day of the retrial of two ex-colleagues accused of participating in a scheme that reaped millions by signing unknowing consumers up for messaging services, testifying Tuesday that one of the men encouraged him to get involved and to play along when things got rocky.

  • August 15, 2017

    ICANN To Hew To Int'l Arbitration Norms For Review Panel

    The Internet Corporation for Assigned Names and Numbers, which helps coordinate the internet domain name system, has called for a new panel to adjudicate disputes, a refinement to the organization's dispute resolution process that will more closely align with international arbitration norms in certain ways.

Expert Analysis

  • 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.

  • A Modern Approach To Digital Health Product Regulation

    Mark Barnes

    Recently, the U.S. Food and Drug Administration announced new plans to streamline the development and availability of high quality digital health products. The new Digital Health Software Precertification Pilot Program may result in a novel approach to premarket review that eventually lessens regulatory burdens, say attorneys with Ropes & Gray LLP.

  • Expectations For Fintech Cos. Providing Services To Banks

    M. Patricia Oliver

    Regulatory guidance has caused financial institutions to take tough stances when signing agreements with fintech service providers. Any company that has never undergone a bank examination is likely to find the experience extremely daunting, say attorneys with Tucker Ellis LLP.

  • Software IP — It's Not Just For Tech Cos. Anymore

    Joshua Simmons

    Software innovations are being made by companies in the entertainment, financial services, health care and media industries, among others. At the same time, it has become more complicated for counsel to advise on the best strategy for protecting those inventions, says Joshua Simmons of Kirkland & Ellis LLP.

  • How New York State Is Making Energy Storage A Priority


    In June, the New York State Legislature passed the Energy Storage Deployment Program bill to incentivize greater use of energy storage technologies. This will be a critical piece of a multipronged strategy to flatten the peaks and troughs of the daily electricity load profile and enable high penetration of intermittent renewables, say Thomas Puchner and Kevin Blake of Phillips Lytle LLP.

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.

  • How Highly Automated Vehicles Will Drive Legal Change

    Jason McCarter

    When highly automated vehicles are prevalent on the road there will be at least three major areas in which risk allocation associated with automobiles will change: litigation, contracting and regulation, say Jason McCarter and Tracey Ledbetter of Eversheds Sutherland.

  • Proposed Illinois Data Privacy Laws May Be Problematic


    Illinois is moving forward with legislation that will bolster its reputation for having the nation’s strictest data privacy laws. But the pending bills might stifle e-commerce while providing little relief to consumers, say Debra Bernard and Daniel Burley of Perkins Coie LLP.