• February 8, 2017

    CenturyLink, Level 3 Tout Public Benefits In $34B Tie-Up

    CenturyLink and Level 3 Communications hit back Tuesday at public comments submitted to the Federal Communications Commission questioning the public interest benefits in their proposed $34 billion merger, saying the deal will enhance competition in the enterprise services market without causing harm.

  • February 8, 2017

    Data Analytics To Aid Outside Counsel Picks In 2017: Report

    Corporate legal departments are increasing their use of data analytics not only for tasks such as document review and e-discovery, but also in the selection of outside counsel, a report out on Wednesday found.

  • February 8, 2017

    Arnall Golden Atty To Head FTC Consumer Protection Bureau

    Arnall Golden Gregory LLP partner Thomas Pahl has been appointed acting director of the U.S. Federal Trade Commission's Bureau of Consumer Protection, taking over for departing director Jessica Rich, acting Chairwoman Maureen K. Ohlhausen said Wednesday.

  • February 8, 2017

    Shkreli Involved In Tech Startup Looking To Raise $1M

    Martin Shkreli, the notorious pharmaceutical entrepreneur accused of defrauding a company he founded and heavily criticized for controversial price-hiking tactics, is now an executive of a software startup seeking to raise $1 million in debt, according to a regulatory filing.

  • February 8, 2017

    Ex-Logitech Exec Can't Ditch SEC Bonus Clawback Claim

    A California federal judge on Tuesday refused to toss part of the U.S. Securities and Exchange Commission’s suit alleging that a former Logitech International SA executive inflated the firm’s bottom line, saying the SEC’s bid for bonus repayment is supported by the company’s financial restatement.

  • February 8, 2017

    LG Wins $168M Judgment In Counterfeit Headset Case

    LG Electronics has secured a $168.1 million default judgment against more than a dozen companies accused of selling counterfeit wireless headphones, court records show.

  • February 8, 2017

    Wilson Sonsini Welcomes Back IPO, M&A Veteran

    An attorney who guided high-profile clients like Twitter and Fitbit during their initial public offerings has rejoined Wilson Sonsini Goodrich & Rosati as partner, bolstering the firm's Palo Alto, California, office with robust experience in securities and mergers and acquisitions matters.

  • February 8, 2017

    Fed. Circ. Won’t Rehear Lenovo’s Alice Win On Computer IP

    The Federal Circuit on Tuesday declined to take a second look at a ruling in favor of Lenovo Inc. related to computer upgrade system patents asserted by Tranxition Inc., reinforcing a lower court’s decision to invalidate them under the U.S. Supreme Court’s Alice ruling.

  • February 8, 2017

    5 Insights From Reddit GC Melissa Tidwell

    We filed an amicus brief opposing Trump’s executive order on immigration along with fellow tech companies like Airbnb, Facebook, Google, and many others. I’m very proud to be standing in solidarity with our industry peers, says Melissa Tidwell, vice president and general counsel at Reddit.

  • February 8, 2017

    Fed. Circ. Judge In Amazon IP Row Mulls His ‘Enfish’ Ruling

    Federal Circuit Judge Todd M. Hughes pondered the limits of patent eligibility laid out in his 2016 “Enfish” decision, while hearing an infringement dispute Wednesday against Inc. over high-speed internet technology, struggling with where to draw the line against software directed to abstract concepts.

  • February 8, 2017

    Yahoo Hit With Another User Class Action Over Data Breach

    Yahoo Inc. has been slapped with yet another proposed class action over two massive data breaches announced in late 2016 affecting more than one billion users, this time by a New Jersey couple who claim Yahoo’s negligence has led to their information being used fraudulently by criminals.

  • February 8, 2017

    Google Atty Escapes Sanctions Bid After Doc Goes Unsigned

    A partner for Wilson Sonsini Goodrich & Rosati PC representing Google Inc. in a lawsuit over a YouTube video escaped a sanctions bid on Tuesday related to an alleged shouting match in a courthouse hallway because the initial sanctions filing did not contain a proper signature.

  • February 8, 2017

    Trident Spinoff Closes Cybersecurity Fund With $300M

    Silicon Valley venture capital player Trident Capital’s cybersecurity arm raised $300 million in commitments for its first fund, it said on Wednesday, with plans to use the money for investments in early-stage cybersecurity companies.

  • February 8, 2017

    ‘As Seen On TV’ Co. Sues RadioShack Over Unpaid $1.6M

    Ideavillage Products Corp., which sells many consumer products through "as seen on TV" ads, sued the new owner of bankrupt RadioShack's remaining stores on Tuesday in New York federal court for failure to pay for about $1.6 million in products.

  • February 8, 2017

    Akin Gump Atty Charged With Trying To Sell Sealed FCA Suit

    An Akin Gump Strauss Hauer & Feld LLP attorney who once worked at the U.S. Department of Justice was arrested while allegedly attempting to sell a sealed False Claims Act suit to a California cybersecurity company, according to a criminal case unsealed this week.

  • February 8, 2017

    Groups Sue To Block Trump’s 2-For-1 Regulatory Order

    Public interest legal groups on Wednesday sued the Trump administration, alleging a January executive order mandating that executive agencies eliminate two regulations for every new one is “irrational” and puts public safety at risk by not considering any beneficial effects of new rules.

  • February 7, 2017

    FTC's Smart-TV Privacy Settlement Unlikely To See An Encore

    In coming down on smart-TV maker Vizio for tracking users' viewing habits without their consent, the Federal Trade Commission adopted broader definitions of "sensitive" information and consumer harm. But experts say not to expect a trend there, given the acting chairwoman's reservations about the settlement.

  • February 7, 2017

    Directors Urge Toss Of ‘Kitchen Sink’ $400M Merger Suit

    Attorneys for former directors of a California-based network technology firm urged the Delaware Chancery Court on Tuesday to dismiss class claims for post-closing damages after a $400 million merger, saying the suit reflected a “kitchen sink” litigation strategy that failed to undermine court deference to director business judgment.

  • February 7, 2017

    Telemarketers Agree To Pay FTC, 2 AGs $27M For Scheme

    A company that created a “telemarketing boiler room” where marketers would allegedly feign affiliation with technology giants like Apple and Microsoft to dupe customers into buying phony tech protection services agreed Tuesday to pay $27 million to end federal and state investigations into its work.

  • February 7, 2017

    Verizon Pushes FCC To Clear The Way For 5G Infrastructure

    Verizon Wireless has asked the Federal Communications Commission to take action to make municipalities speed up the installation of 5G wireless broadband infrastructure, saying the FCC has authority on the issue with localities.

Expert Analysis

  • 2 Ways Courts Approach Willful Infringement After Halo

    Natalie Hanlon Leh

    Following the U.S. Supreme Court's decision in Halo last year, district courts have taken diverging approaches to the pleading requirements for willful infringement. Some courts set a relatively low bar, and others set a relatively high bar, say Natalie Hanlon Leh and Michael Silhasek of WilmerHale.

  • Key Trade Secret Developments Of 2016: Part 2

    Randy E. Kahnke

    Our first article in this two-part series focused on the most significant event in trade secret law in many years — the passage of the federal Defend Trade Secrets Act. Now we leave the DTSA and highlight five other trade-secret trends that promise to shape future developments, say attorneys with Faegre Baker Daniels LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Evidence Substantiation Burden May Soon Shift To FTC

    Margaret E. Krawiec

    To date, questions about how the Trump administration will impact the Federal Trade Commission have focused primarily on antitrust issues, but clues to how the new administration will affect consumer protection issues might be found by examining the record of former Commissioner Joshua Wright, whom Trump has named to lead the FTC transition efforts, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Virtual Reality And The Law: Part 2

    David Fink

    Virtual and augmented reality technologies are here, and are raising very real legal issues. Technology firms and content creators must take care to safeguard private information collected from users, ensure respect for the laws of copyright, trademark and right of publicity, and grapple with moral and legal questions surrounding simulations of illegal acts, say David Fink and Jamie Zagoria of Kelley Drye & Warren LLP.

  • Virtual Reality And The Law: Part 1

    David Fink

    Virtual reality and its cousin, augmented reality, are going mainstream. Many top tech companies are developing VR systems, and firms in many industries have created VR “experiences” for their customers. But this technology raises very real legal issues, especially in the areas of consumer safety, privacy, intellectual property and First Amendment law, say David Fink and Jamie Zagoria of Kelley Drye & Warren LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • State Attorneys General Play Growing Data Privacy Role

    Jasen Eige

    State attorneys general play an active role in data privacy and security, bringing evolving state laws and broad consumer protection authority to bear on changing technologies and threats. Private sector custodians of personal data such as retailers, financial institutions, technology companies and health systems must understand the role of state attorneys general before a crisis occurs, say Jasen Eige and Kassie Schroth of McGuireWoods LLP.