• October 6, 2017

    SEC Watchdog Says Agency Faces IT, Budget, Contract Issues

    The U.S. Securities and Exchange Commission pays too much for IT work and other contracts, keeps its employees siloed, faces ongoing security vulnerabilities and needs more money, its inspector general said in a Thursday report about the agency’s biggest management struggles.

  • October 6, 2017

    IBM Can't Exit FCA Suit Over Emergency Response Program

    An Illinois federal judge ruled Friday that IBM Corp. can’t escape a whistleblower suit over $50 million in allegedly false claims for federal grant funds meant for an emergency response project, saying there is enough evidence for a jury to ponder the majority of the suit’s charges.

  • October 6, 2017

    Phone Patent Claims Against Gov't Time-Barred: Fed. Circ.

    A Federal Circuit panel affirmed a Court of Federal Claims decision to nix an inventor’s suit alleging that the U.S. government infringed his intellectual property related to dual handset telephones, finding Friday that he failed to sue within a special statute of limitations.

  • October 6, 2017

    Fla. Tinder User Reasserts Claim That App Isn't Free

    A Tinder user urged a Florida federal court Thursday not to swipe left and dismiss his putative class action claiming the dating app defrauded users by introducing a premium subscription that limited its free features, saying new facts the company submitted do not diminish his allegations.

  • October 6, 2017

    4 Men Charged In $16M Pentagon Kickback Scheme

    Four men, including a government employee, have been charged with operating a kickback and bribery scheme that saddled the Department of Defense’s Office of Inspector General with more than $15.7 million in fraudulent payments on a telecommunications contract, according to an indictment unsealed Thursday in Virginia federal court.

  • October 6, 2017

    Lawmakers Blast FCC's Proposed Broadband Standards

    A group of lawmakers told Federal Communications Commission Chairman Ajit Pai Thursday that they are "gravely concerned" that the agency’s proposed standards for acceptable internet access and speeds could "undo significant progress and investment" advanced by both the FCC and Congress.

  • October 6, 2017

    3 Telecom Takeaways From The 2017 Hurricane Season

    A trio of storms pummeled Texas, Florida, the Virgin Islands and Puerto Rico during August and September, inflicting devastating death tolls and decimating communications networks crucial to restoration efforts. Here, Law360 looks at the major post-storm takeaways likely to affect communications law in the future.

  • October 5, 2017

    Full 9th Circ. Won't Review $8.5M Google Privacy Pact

    The full Ninth Circuit on Thursday refused to reconsider a split panel decision upholding a contested $8.5 million class action settlement in a privacy dispute against Google Inc., prompting the objectors to vow to take the challenge to the U.S. Supreme Court.

  • October 5, 2017

    Tax Court Orders Transferee To Settle $6.9M Liability Row

    The U.S. Tax Court refused to allow a convicted tax evader to withdraw his own lawsuit challenging the IRS over $6.9 million in liabilities and ruled instead, in a published opinion released Thursday, that the taxpayer must reach an agre​ement with the IRS, despite his insistence that he has already done so.

  • October 5, 2017

    Twitter's User Metrics Set Off #Legal Storm With Investors

    Twitter and its investors squared off before a California federal judge Thursday over the latter's allegations that the social network and two of its executives misled them about its user metrics to boost its stock, with the company arguing that the alleged misrepresentations are hearsay or nonactionable statistics that were “reversed engineered.”

  • October 5, 2017

    Tech Co. Accepts $264K Fine After Exposing Vermonters' Info

    A technology company has agreed to a $264,000 penalty after an issue with its cloud-based IT support system led to the names and Social Security numbers of 660 users of Vermont’s health insurance exchange showing up online, according to the state attorney general.

  • October 5, 2017

    Deals Rumor Mill: Bain Capital, Unilever, SeaWorld

    Bain Capital plans to list the multibillion-dollar memory business it recently bought from Toshiba, a number of private equity suitors are vying for Unilever's margarine and spreads business, and Merlin Entertainments is considering an acquisition of SeaWorld, worth a little more than $6 billion.

  • October 5, 2017

    Open Internet Groups Target Dems Over Yes Votes For Pai

    The four Democratic senators who voted this week to reconfirm Ajit Pai as chairman of the Federal Communications Commission were labeled “Team Cable” on Wednesday by net neutrality advocacy groups and threatened with billboards informing constituents of their “vote against the internet.”

  • October 5, 2017

    VTech Toy Co. Seeks Toss Of Data Breach Suit

    VTech Electronics told an Illinois federal judge Thursday that a narrowed suit over the hack of an online portal for its digital learning toys that comprised the data of 11 million adults and children still rests on a flawed foundation.

  • October 5, 2017

    Jury To Hear Of Plantronics Email Deletion In $600M Trial

    Heading into an antitrust trial between headset makers Plantronics and Jabra with as much as $600 million at stake, a Delaware judge decided Thursday on the exact instructions a jury must receive regarding the deletion of thousands of emails by a then-Plantronics executive.

  • October 5, 2017

    Westinghouse Seeks OK To Pay $8.3M In Exec Incentives

    Westinghouse Electric Co. LLC asked a New York bankruptcy court Wednesday for permission to pay up to $8.3 million in bonuses to company executives and raise the salaries of its chief officers, saying that the adjustments are critical to maintaining the debtors' workforce and enhancing enterprise value.

  • October 5, 2017

    Hotel Deals Site Closes $111M Series D Funding Round

    A London-based luxury travel deal website on Thursday said it had closed a Series D investment and debt facility, led by Singapore investment company Temasek, at $111 million, bringing the online marketplace’s total funding to nearly $153 million.

  • October 5, 2017

    Fed. Circ. Grills Both Sides In $106M Google Patent Row

    Hearing an appeal of a Delaware jury verdict that Google Earth does not infringe a mapping patent, a panel of Federal Circuit judges pressed attorneys for both sides Thursday about whether the trial testimony of Google's witnesses supported the jury's decision.

  • October 5, 2017

    Ex-NFLers' Publicity Claim Can't Be Revived, EA Says

    Electronic Arts Inc. urged a California federal judge Wednesday to reject a bid by retired NFL players to revive a state publicity claim in their putative class action alleging the game maker improperly used their likenesses in Madden video games, arguing the players haven’t presented any new arguments.

  • October 5, 2017

    Ex-Bookkeeper Stole $1.6M From NJ Co. Via PayPal, Feds Say

    Pennsylvania federal prosecutors Thursday filed an indictment charging a Philadelphia man with using PayPal to embezzle $1.6 million from his former employer, a New Jersey company that sells products for the cellular phone industry.

Expert Analysis

  • Risks And Rules For Data Collection At Retail Properties

    Daniel Ray

    Brick-and-mortar retailers and other property-level businesses have increasingly taken advantage of technology in learning about consumer behavior. But security breaches of consumer information have led to government investigations and multimillion-dollar settlements. Businesses should incorporate privacy principles at every stage of the development of data tracking and collection programs, say attorneys with King & Spalding LLP.

  • Finding Eligible Subject Matter For Business Methods

    Matthew Grady

    Although software and business method patents have recently come under fire, there are valid approaches to successfully preparing and prosecuting these applications in the current environment, say Matthew Grady and Ed Russavage of Wolf Greenfield & Sacks PC.

  • Large And Small Cyberrisk Solutions For Health Care Cos.

    John Gilligan

    Following the radical changes brought by advances in internet of things technology, the health care industry must take both immediate micro steps and larger macro steps to protect its patients from cyberrisks, say John Gilligan and Kimberly Metzger of Ice Miller LLP.

  • Opinion

    Congress Must Do More To Speed Up DOD Cyber Acquisitions

    Daniel Schoeni

    The slow pace of cyber acquisitions constitutes a significant vulnerability. Congress has relieved some of the U.S. Department of Defense's regulatory burden in the past two years, but the streamlining efforts do not go nearly far enough to deter our enemies, says Daniel Schoeni, a judge advocate with the U.S. Air Force.

  • Tips For Drafting Patents That Won't Need Alice Step 2

    Phillip Articola

    Based on three cases in which the Federal Circuit has found software-related claims to recite patent-eligible subject matter, a patent application drafter can improve the chances that claims pass muster under step one of the Alice two-step patent-eligibility test, thereby not requiring an analysis under step two, says Phillip Articola of Banner & Witcoff Ltd.

  • In 9th Circ., Facts Can Doom Forward-Looking Statements

    Nathaniel Cartmell III

    The Private Securities Litigation Reform Act protects “forward-looking statements,” but what if a prediction is presented with, and based upon, statements of current fact? New opinions from the Ninth Circuit suggest that such juxtaposing has become risky, say Nathaniel Cartmell III and Bruce Ericson of Pillsbury Winthrop Shaw Pittman LLP.

  • How To Stay Protected When Using Biometrics Post-Spokeo

    Benjamin Byer

    Recently, a wave of lawsuits has accused companies of violating biometric privacy laws. But the two-part test established by the Ninth Circuit in Robins v. Spokeo creates another hurdle for plaintiffs seeking to file these types of lawsuits, say Benjamin Byer and John Parsi of Davis Wright Tremaine LLP.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • Fixing The Broken Software Supply Chain As Legal Counsel

    Marty Mellican

    The supply chain for the software industry is inefficient and dysfunctional, costing tens of billions per year in waste while also injecting risk into companies, governments and households worldwide. In-house counsel for both software suppliers and buyers should work together in order to transform this supply chain, says Marty Mellican of Flexera Software LLC.

  • Ransomware And Medical Devices: A Growing Risk

    Thomas Barnard

    Numerous medical devices now have internet connectivity in order to allow providers to monitor patients remotely, but the risks created by this trend are poorly acknowledged and understood by manufacturers, designers, prescribers and end-users. It is far more than data or money at stake — it is patients' lives, say attorneys with Baker Donelson Bearman Caldwell & Berkowitz PC.