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  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    Tribes Can't Stop FCC's Next-Gen Towers, DC Circ. Told

    The Federal Communications Commission has urged the D.C. Circuit to toss out a petition for review by tribes and environmentalists regarding the commission’s plan to accelerate the building of 5G infrastructure, saying the deployment of small-cell fixtures is not a major federal action.

  • December 7, 2018

    Uber Is Impeding Arbitrations By Refusing To Pay, Drivers Say

    Thousands of Uber drivers on Wednesday accused the ride-hailing service of employing stall tactics in their bid to force the company to cover the costs of their individual arbitrations in California federal court, following recent Ninth Circuit rulings that determined such arbitrations are the only way for the drivers to resolve classification disputes.

  • December 7, 2018

    Baring Invests $905M To Turn Around, Buy Japan’s Pioneer

    Baring Private Equity Asia will make a 102 billion Japanese yen ($904.9 million) investment in Pioneer Corp., with the Japanese electronics giant saying Friday the funds will be used to get the company back on “sound operational footing” and ultimately take the company private.

  • December 6, 2018

    Nikon Cameras Are 'Designed To Infringe,' Expert Tells Jury

    An expert witness for lens maker Carl Zeiss and semiconductor maker ASML told a California federal jury Thursday that image sensors used by Japanese camera giant Nikon Corp. infringe the companies' patents, explaining that operating certain Nikon cameras causes infringement under the doctrine of equivalents.

  • December 6, 2018

    JPMorgan, IV Debate The Meaning Of 'And' At Fed. Circ.

    Attorneys for Intellectual Ventures LLC and JPMorgan Chase & Co. debated a claim of IV's cybersecurity software patent before a Federal Circuit panel Thursday, including offering dueling interpretations of the word "and."

  • December 6, 2018

    Bitcoin Market 'Hijacking' Caused $4B Value Drop, Suit Says

    A lawsuit filed Thursday in Florida federal court by a Miami-based company accused several prominent players in the Bitcoin Cash cryptocurrency network of hijacking a software upgrade, leading to a "global capitalization meltdown" of more than $4 billion and harm to it and other U.S. bitcoin holders.

  • December 6, 2018

    Travel Site Sues Hilton, Marriott, Others Over Search Scheme

    Online travel agent TravelPass Group LLC hit leading hotel chains including Hilton, Marriott and Hyatt with a suit in Texas federal court on Thursday, accusing them of agreeing not to compete for advertising search terms and preventing travel sites from bidding on search terms that incorporate their brands.

  • December 6, 2018

    Verizon Unit's IP Suit Sent To Del. After Fed. Circ. Rebuke

    Verizon subsidiary Oath Holdings Inc. can defend a patent suit over advertisement technology in Delaware, a New York federal judge has ruled, following the Federal Circuit’s decision that the judge failed to follow its decision that TC Heartland was a change in the law.

  • December 6, 2018

    Deals Rumor Mill: BYD, Travelport, Amer Sports

    BYD Co Ltd. is reportedly planning on taking its battery unit public by 2022, Elliott Management and Siris Capital Group are close to a deal to snap up Travelport Worldwide, and a group vying to take over Finnish sporting goods company Amer Sports Oyj is close to a deal.

  • December 6, 2018

    Fed. Circ. Backs HTC Win In Challenge To Acacia Video Patent

    The Federal Circuit on Thursday refused to revive an Acacia Research Corp. unit’s video compression patent that had been successfully challenged by HTC Corp., leaving in place the Patent Trial and Appeal Board’s decision that the patent is invalid.

  • December 6, 2018

    FCC Appoints New In-House Judge To Fill Retirement Vacancy

    The Federal Communications Commission announced Thursday that it is appointing a new administrative law judge, elevating 30-year in-house attorney Jane Hinckley Halprin to fill a recent vacancy left by Judge Richard Sippel’s retirement.

  • December 6, 2018

    Trump May Get Rude Awakening In China Trade Talks

    President Donald Trump has been taking a victory lap in the wake of his summit with Chinese President Xi Jinping by promising to deliver a bounty of new concessions to U.S. businesses, but the two sides are still far apart on a concrete agreement, and bridging that gap may prove more difficult than Trump anticipates.

  • December 6, 2018

    DOJ's AT&T Appeal Needs Numbers, Not Theory: DC Circ.

    A D.C. Circuit panel appeared skeptical in oral arguments Thursday of the U.S. Department of Justice’s attempts to revive its challenge to AT&T’s Time Warner purchase, demanding numbers to back up economic theory and questioning whether a district judge’s factual findings crossed the line into clear, reversible error.

  • December 6, 2018

    PTAB Says Google Not A Party In Samsung Patent Challenges

    The Patent Trial and Appeal Board has agreed to review Samsung Electronics Co. Ltd.’s challenges to a patent covering power-saving technology for smartphones, finding Google LLC is not an interested party to the reviews, according to documents made public Wednesday.

  • December 6, 2018

    Skadden Leads Chinese Fashion Retailer To $67M IPO

    Tencent-backed Chinese fashion retailer Mogu raised $66.5 million through an initial public offering priced at the low end of its range Thursday, represented by Skadden Arps Slate Meagher & Flom LLP while Davis Polk & Wardwell LLP advised the underwriters.

  • December 6, 2018

    Lawmakers Tout Industry Support Of Spectrum Pricing Bill

    A slew of communications technology associations have heaped more praise onto a bipartisan Senate bill that could free up spectrum owned by the public sector for industry use, the two lawmakers behind the bill announced Thursday.

  • December 6, 2018

    Calif. Law At Issue As Qualcomm Fights Giant Class Cert.

    Qualcomm faces staggering potential liability thanks to a California federal court’s recent class certification covering cellphone buyers who say they were overcharged because of the company's licensing practices, with the judge's order potentially including nearly every cellphone owner in the United States. Here, Law360 looks at what's at stake as Qualcomm tries to appeal the decision.

  • December 6, 2018

    Shareholder Sues SendGrid Over $2B Twilio Deal

    A SendGrid Inc. shareholder filed a proposed class action in Colorado federal court Wednesday challenging the email marketing company's planned acquisition by Twilio, claiming the $2 billion deal was designed to benefit board members at shareholders' expense.

  • December 6, 2018

    IBM Says Contract Disclaimer Bars $17.5M Fraud Verdict

    A $17.5 million verdict must be tossed because of a disclaimer in a software contract between IBM Corp. and another company that prohibited the parties from relying on any representations made prior to entering into the contract as the basis of any lawsuit, IBM told the Texas Supreme Court Thursday.

Expert Analysis

  • A Look At Tax Code Section 199's Last Stand

    Kevin Spencer

    The IRS has increased scrutiny for Internal Revenue Code Section 199 deductions taken against profits from film, computer software, electricity, natural gas, potable water, tangible personal property and certain sound recordings. Though 199 was repealed by tax reform, battles over this contentious deduction are sure to continue for some time, say attorneys at McDermott Will & Emery LLP.

  • San Francisco Starts Down Road To Autonomous Vehicle Tax

    Benjamin Ebbink

    California Assembly Bill 1184, passed in September, authorizes a new tax on privately owned autonomous vehicles. This is likely the first of many pieces of similar legislation across the nation as policymakers grapple with the impact of automated technology on the economy and the job market, says Benjamin Ebbink of Fisher & Phillips LLP.

  • How Blockchain Can Certify Global Supply Chains

    Rebecca Campbell

    Companies in mining and other industries are seeking to demonstrate the sustainability and ethical integrity of their products and supply chains. Because of its ability to improve transparency and accountability through incorruptible data sharing, blockchain may be ideal for this purpose, say attorneys with White & Case LLP.

  • Watch For Antitrust Developments North Of The Border

    Mohsen Seddigh

    Next month, the Supreme Court of Canada will hear Godfrey v. Sony Corporation, which could be one of the most important antitrust cases to ever come before the court. The decision on "umbrella purchasers" will determine the viability of some future Canadian antitrust class actions, says Mohsen Seddigh of Sotos LLP.

  • Justices Seem Open To Class Cy Pres Awards, Occasionally

    Irving Scher

    It appeared from the U.S. Supreme Court arguments in Frank v. Gaos that the majority of the court would approve 100 percent cy pres settlements, but under extremely limited circumstances, says Irving Scher of Hausfeld.

  • What We Heard At The FTC Hearings: Days 6 And 7

    Eric Weiss

    The fourth hearing in the Federal Trade Commission’s series on competition in the 21st century addressed innovation and intellectual property. Eric Weiss and Nick Hesterberg of Perkins Coie LLP offer some key takeaways.

  • FDA Steps Up Its Focus On Medical Device Cybersecurity

    Michael Buchanan

    Last month, the U.S. Food and Drug Administration announced three new medical device cybersecurity initiatives, including an incident response playbook, a memorandum of agreement with the U.S. Department of Homeland Security and a draft guidance on premarket submissions. The agency is clearly taking device vulnerabilities more seriously than ever, say Michael Buchanan and Joshua Furman of Patterson Belknap Webb & Tyler LLP.

  • 10 Lessons On Blockchain And Open-Source Licenses

    James Gatto

    On their own, blockchain technology, open-source software and patents each present complex legal issues, but when combined, the complexity and misunderstandings of these three topics are magnified, says James Gatto of Sheppard Mullin Richter & Hampton LLP.

  • New EU Patent Guidelines May Affect Companies' AI Strategy

    Jennifer Maisel

    As compared to the European Patent Office’s guidelines for artificial intelligence and machine learning — which take effect on Thursday — the U.S. eligibility framework may prove to be more favorable to innovators, say Jennifer Maisel and Eric Blatt of Rothwell Figg Ernst & Manbeck PC​​​​​​​.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.