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  • October 9, 2018

    Microsoft Clears Hurdle For JEDI Deal As Google Drops Out

    Microsoft Corp. said Tuesday it had secured secret-level clearance for its Azure cloud computing platform, just ahead of the bidding deadline for the U.S. Department of Defense's massive, $10 billion JEDI cloud contract and shortly after Google announced it would not bid on the deal.

  • October 9, 2018

    Instagram Art Show Was Fair Use, Richard Prince Says

    Visual artist Richard Prince is pushing to end copyright litigation over his Instagram-themed art exhibit, arguing he was allowed to display largely unaltered versions of other artists' images because he used them in “a radically different aesthetic context.”

  • October 9, 2018

    Trump Says China 'Not Ready' To Strike Tariff Truce

    President Donald Trump said Tuesday that he has rebuffed China’s efforts to hold negotiations aimed at ending the two governments’ escalating tariff battle, declaring that Beijing is “not ready” to make necessary concessions to the U.S. government.

  • October 5, 2018

    Zuckerberg Seeks Chancery Cambridge Analytica Suit Toss

    Facebook asked a Delaware Chancery Court judge Friday to end a stockholder derivative suit over the social media giant’s alleged breach of fiduciary duty in covering up the Cambridge Analytica scandal, saying it was up to the company’s board, not its investors, to decide whether such litigation was necessary.

  • October 5, 2018

    Facebook Beats Suit Over Message Before Ohio Man's Killing

    Facebook has been cleared in a suit alleging it failed to alert authorities after a man posted a message with a seemingly murderous intent minutes before he recorded a video of himself killing a random pedestrian, with an Ohio state judge on Friday saying the company is immune under a federal law shielding third-party content publishers.

  • October 5, 2018

    Apple, Amazon Hit Back At Chinese Microchip Spying Report

    Apple and Amazon are vehemently denying a media report that their systems had been infected by tiny surveillance microchips produced by Chinese spies as part of a larger effort to hack into U.S. systems, a rejection that the U.K.'s top cybersecurity agency said Friday that it had "no reason to doubt."

  • October 5, 2018

    6 Firms To Guide 5 IPOs Exceeding $1B Led By Lithium Co.

    Six law firms expect to guide five initial public offerings estimated to raise nearly $1.1 billion during the week of Oct. 8, steering a lineup led by a lithium producer seeking to rev up the market for electric-car batteries, plus three biotechnology firms and a technology startup.

  • October 5, 2018

    Illumina Investors File Class Action Over $6.6B Stock Drop

    Illumina Inc. overestimated its profit projections by at least $18 million in 2016 even as its product sales were declining, according to a securities class action filed in California federal court Friday accusing the genetic analysis company of costing investors $6.6 billion overnight once its lackluster sales were revealed.

  • October 5, 2018

    Brex Raises $125M In Greenoaks, DST Global Series C Round

    San Francisco-based corporate card startup Brex raised $125 million in a Series C funding round led by internet investment firm Greenoaks Capital and venture capital firm DST Global, the company said Friday.

  • October 5, 2018

    Newegg Uninvolved In Subsidiary's Alleged Fraud, Judge Says

    A California federal judge on Thursday released online computer retailer Newegg Inc. from a suit claiming the company helped fraudulently procure $3 billion in loans from four South Korean banks, saying the banks had failed to show that Newegg played any part in the alleged misconduct of its Chinese subsidiary.

  • October 5, 2018

    What's At Stake In The Apple App Store Case?

    The U.S. Supreme Court will soon hear Apple's appeal in a case alleging that the company illegally monopolized the market for iPhone apps. Along with other implications, the case has rekindled debate about a decades-old ruling that limits class action standing. Here, Law360 looks at what’s at stake in the Apple App Store monopolization case.

  • October 5, 2018

    Wilson Sonsini-Led Elastic Soars After Pricing $252M IPO

    Venture-backed search software company Elastic NV, represented by Wilson Sonsini Goodrich & Rosati PC, raised $252 million after pricing its initial public offering above the company’s targeted range and subsequently saw shares skyrocket in their debut Friday, adding to a growing list of strong-performing technology IPOs.

  • October 5, 2018

    FanDuel, DraftKings Score Win Over Gambling Patent At PTAB

    The Patent Trial and Appeal Board has handed a win to sports betting platforms FanDuel and DraftKings, invalidating several claims of a video system patent as obvious over a combination of prior art.

  • October 5, 2018

    ISN Needs Larger Fact Record For Early Win, Chancery Says

    A motion for summary judgment filed by ISN Software Inc. was defeated Friday when a Delaware Chancery Court judge said the shareholder suit over the company’s price in a 2013 merger needed a more developed factual record before any decision could be made in the case.

  • October 5, 2018

    Fed. Circ. Affirms Alice Win For Fashion E-Commerce Co.

    The Federal Circuit on Friday upheld a lower court's decision to toss a patent infringement suit against fashion media company Clique Brands Inc., leaving in place a California federal judge's decision to ax the internet patent as too abstract under the high court's Alice standard.

  • October 5, 2018

    Judge Says Alibaba At Least Partly Won In Crypto TM Fight

    A New York federal judge told lawyers for Chinese e-commerce giant Alibaba Group Holding Ltd. on Friday that they did a better job arguing for an injunction against the promoters of a cryptocurrency called Alibabacoin than they had previously, but declined to rule after a heated argument.

  • October 5, 2018

    Preliminary Privacy Settlement Over BART App OK'd By Judge

    A California federal magistrate judge has approved a preliminary settlement for a class that claims Bay Area Rapid Transit secretly collected riders' personal information through a mobile app promoted as a public safety measure.

  • October 5, 2018

    Apple Wants To Hang Up FaceTime Failure Suit

    Apple Inc. has urged a California federal court to toss a consumer class action alleging the tech giant intentionally broke the FaceTime video chat service on older iPhones, arguing iPhone 4 customers didn't adequately back up their damages claims and were improperly suing over the company's design choices.

  • October 5, 2018

    Fed. Circ. Says Army Can Redo $5B Computer Procurement

    The Federal Circuit in a decision made public Friday said the U.S. Army can reopen bidding on a $5 billion computer project after a federal judge blocked the agency from correcting issues with the procurement process, saying it was rational for the Army to fix major problems that wound up disqualifying most bidders. 

  • October 5, 2018

    Ericsson Insists HTC Must Prove SEP Royalties Breach

    Cellphone maker HTC America Inc., which is suing Swedish telecom Ericsson Inc. in Texas federal court for allegedly overcharging for aging standard-essential patents, bears the burden of proof for its breach-of-contract claim, Ericsson has said in a brief.

Expert Analysis

  • 10 Best Practices For Due Diligence In AI Transactions

    Lee Tiedrich

    When approaching M&A, investments and other transactions associated with artificial intelligence, we must take into consideration the nature of the technology today, the anticipated technological developments and the evolving legal landscape, say Lee Tiedrich and Daniel Gurman of Covington & Burling LLP.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Muddy Road Ahead For Autonomous Vehicle Liability In EU

    Anna Masser

    The product liability regimes related to driverless cars in various European countries remain far from harmonized, and lawmakers trail behind the fast-moving reality. As the European Commission works to update the European Product Liability Directive, evolving legal definitions of "producer," "product" and "defect" will be vital for the industry, say attorneys with Jones Day.

  • What We Heard At The FTC Hearings: Day 1

    Barry Reingold

    Last week, the Federal Trade Commission began a series of public hearings on competition and consumer protection issues. Attorneys with Perkins Coie LLP offer some key takeaways from the three panel discussions.

  • Fed. Circ. Case Steers Agencies Toward Commercial Vendors

    Nathaniel Castellano

    The Federal Circuit's decision last week in Palantir v. U.S. breathed new life into the government’s obligations to prioritize the acquisition of commercial and nondevelopmental solutions. It may prove to be one of the most significant procurement precedents of the decade, say attorneys with Arnold & Porter.

  • Tips For Tech Cos. Developing Event Sponsorship Deals

    Leon Medzhibovsky

    IBM recently partnered with the U.S. Open to offer tennis fans a digital experience. This type of deal offers numerous benefits, but companies seeking to leverage their innovative technology in exchange for sponsorship packages should be aware of certain legal issues, say Leon Medzhibovsky and Airina Rodrigues of DLA Piper.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Tallying Repetitive Inter Partes Review Challenges

    Steven Carlson

    We analyzed the petitioning practice of the top five filers of inter partes review — Apple, Samsung, Google, Microsoft and LG — and it is clear that serial, overlapping petitions are commonplace at the Patent Trial and Appeal Board, even by a single entity, say Steven Carlson and Ryan Schultz of Robins Kaplan LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.