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Technology

  • June 12, 2018

    3 Takeaways From Judge Leon's Ruling On Time Warner Deal

    U.S. District Judge Richard Leon rejected the government's challenge of AT&T's planned purchase of Time Warner on Tuesday, finding fault with the U.S. Department of Justice's economic analysis suggesting likely harm from the deal as well as other evidence that sought to support those claims. Here, Law360 takes a look at the judge’s opinion for a glimpse of what went wrong for the DOJ.

  • June 12, 2018

    Gov't Urges Caution On Security In Spectrum Balancing Act

    As federal agencies work to clear valuable spectrum for shared use with wireless services and other emerging technologies, stakeholders must be mindful of each other’s priorities and make sure national security is not undermined by new networks that use the airwaves, panelists said at a Wednesday spectrum symposium in Washington, D.C.

  • June 12, 2018

    Privacy Group Urges 2nd Circ. To Protect Users, Not Grindr

    A privacy public interest group on Monday urged the Second Circuit to revive a lawsuit accusing Grindr of doing nothing to stop a user from harassing his ex through the app, saying a safe harbor provision for internet platforms in federal communications law doesn't give the company a free pass to ignore reports of abuse.

  • June 12, 2018

    EU Lawmakers Call For End To 'Privacy Shield' Pact By Sept.

    A top European parliamentary committee called on officials to suspend the trans-Atlantic Privacy Shield data transfer pact unless the U.S. is able to fully meet its data protection obligations by September, saying that recent revelations about Facebook's privacy practices exacerbated prior concerns with the deal. 

  • June 12, 2018

    Real Estate Broker Brings Tossed Airbnb Claims To NY Court

    A Manhattan real estate brokerage firm Monday filed a putative class action against Airbnb Inc. in New York state court alleging the home-sharing site illegally and deceptively competes in the city’s rental market, months after a federal court judge tossed a similar suit from the firm.

  • June 12, 2018

    FCC's O'Rielly Says Apps May Justify Telecom Rule Rollback

    Federal Communications Commission member Michael O'Rielly said Tuesday the agency should consider deregulating traditional telecoms to give them a chance to compete with the rise of unregulated messaging apps like Facebook Messenger and WhatsApp or ask lawmakers to give the FCC the power to impose rules on the popular services.

  • June 12, 2018

    Google's AI Rules Show DOD's Commercial Tech Difficulties

    Google CEO Sundar Pichai's recent announcement that the company won't work on weapons programs reinforces the cultural and practical obstacles that remain in the way of the U.S. Department of Defense's efforts to attract commercial technology firms as contractors, despite its efforts at outreach.

  • June 12, 2018

    Beats' Designer Says Royalty Deal Only Covered 1st Model

    The industrial designer who drew the headphone designs at the heart of the $107 million royalty dispute between a businessman and Beats Electronics founders Jimmy Iovine and Dr. Dre told a California jury on Tuesday that the group's royalty agreement was only meant to cover Beats’ first headphone model.

  • June 12, 2018

    Facebook Data Pacts Could Spur GDPR-Like Protections

    The recent revelation that Facebook has allowed device makers including Apple, Samsung and Huawei broad access to user data raises fresh questions about the legal and ethical constraints on companies' data usage practices and could prompt a reckoning that would pull the U.S. closer to the tighter controls of the general data protection regulation currently in place in the European Union, attorneys say.

  • June 12, 2018

    Cellspin Denies Shaking Down Nike, Others With IP Suits

    Cellspin Soft Inc. urged a California federal judge Tuesday to reject bids for attorneys’ fees by GoPro, Nike, Fitbit and other companies that beat Cellspin’s lawsuits alleging their fitness trackers and GPS devices infringe its data-uploading patents, arguing it litigated the cases reasonably and saying “there’s no evidence this was a shakedown.”

  • June 12, 2018

    Reg A+ Is Becoming A Popular Path To Pursue ICOs

    More companies are preparing initial coin offerings by using the so-called Reg A+ exemption, a streamlined initial public offering often dubbed a “mini-IPO,” though such campaigns face regulatory hurdles and other obstacles, capital-raising experts said at various talks Tuesday in New York.

  • June 12, 2018

    Feds Say Intent A Non-Issue In South Korean Bribe Case

    Prosecutors are seeking to shut down an appeal by a Korean earthquake researcher convicted of laundering bribes, telling the Ninth Circuit on Monday that the South Korean law he violated does not focus on a bribe-taker's intent in the same way U.S. laws do.

  • June 12, 2018

    GoPro Investors Seek Cert. In Undersupply, Defect Suit

    A proposed class of investors who say they overpaid for shares of GoPro Inc. because the company concealed shortages of its cameras and drones as well as a design defect asked a California federal court Monday for class certification.

  • June 12, 2018

    Antitrust Chief Defends Sticking To Consumer Welfare Focus

    Shortly before a D.C. federal judge cleared AT&T’s $85 billion merger with Time Warner, the U.S. Department of Justice’s top antitrust official on Tuesday said in Washington, D.C., that consumer welfare will continue to be the cornerstone of DOJ antitrust enforcement, rejecting calls to expand the Antitrust Division’s goals to include concerns over democratic market structures or other social benefits.

  • June 12, 2018

    Litigation Support Co. In Hot Water As Belkin IP Trial Starts

    Opening statements kicked off Tuesday in a California federal trial over Kenu Inc.’s claims Belkin infringed a patent for in-car phone holders, but before the proceedings even began, news that Belkin’s litigation support company forged a court officer’s signature prompted the presiding judge to call for criminal fraud charges against the vendor.

  • June 12, 2018

    AT&T Layoff Suit By CWA Nixed By Arbitration Clause

    A federal magistrate judge in Texas has recommended that a lawsuit brought by the Communication Workers of America AFL-CIO against AT&T seeking to halt the layoffs of 713 workers be tossed, citing an arbitration provision in an agreement between the groups.

  • June 12, 2018

    States, Schools Line Up Against PTAB's Immunity Waiver

    States and public universities have urged the Federal Circuit to overturn a decision finding the University of Minnesota exposed its patents to challenge at the U.S. Patent Trial and Appeal Board when it filed infringement lawsuits in district court, a decision the schools said could harm innovation. 

  • June 12, 2018

    FCC Designates New UK 'White Spaces' Database Manager

    The Federal Communications Commission has designated a major domain name registry in the United Kingdom to run a database listing unused broadcast TV spectrum that identifies untapped wireless spectrum capable of transmitting broadband data, saying the company’s technical expertise made it the right candidate for the job.

  • June 12, 2018

    SEC Claims Fla. Couple Defrauded Investors In Shopping App

    The U.S. Securities and Exchange Commission has obtained a temporary restraining order and emergency asset freeze to stop an allegedly ongoing investment fraud scheme purportedly carried out by a South Florida couple who claimed to be developing an internet shopping application, the agency announced Monday.

  • June 12, 2018

    Yahoo Hit With £250K Fine Over 2014 Data Breach

    Britain's data protection watchdog said Tuesday that it has fined Yahoo £250,000 ($334,000) for security lapses that were exploited in a 2014 data breach that exposed the personal data of around 500 million account holders worldwide, days after Yahoo's lead European regulator said the internet company flouted EU law in how it handled the episode.

Expert Analysis

  • Will The US Match Or Improve On GDPR Privacy Model?

    Jonathan Walsh

    While aspects of proposed U.S. privacy legislation mirror the EU’s General Data Protection Regulation, none of the pending solutions in Congress provides the level of government protection of user data engendered by the GDPR, say Jonathan Walsh and Edward Combs of Curtis Mallet-Prevost Colt & Mosle LLP.

  • Opinion

    SEC Needs To Better Understand Cryptocurrency Industry

    Harvey Kesner

    While subpoenas fly and much confusion surrounds unregistered initial coin offering sales, the U.S. Securities and Exchange Commission staff struggles to grasp the evolving businesses around blockchain. The staff is grinding out ill-fitted comments to issuers, relying on assumptions incompatible with this brand-new industry, says Harvey Kesner of Sichenzia Ross Ference Kesner LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • New Regs Pave Way For China's Self-Driving Car Strategy

    Mark Schaub

    Last month, three Chinese government ministries jointly issued national regulations for road testing of autonomous vehicles. The national rules supplement local regulations recently issued in Beijing, Shanghai and Chongqing, and are just one indication of China’s ambitions to lead the world in this new technology, say Mark Schaub and Atticus Zhao of King & Wood Mallesons.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Tech Can Help, Not Take Over, Your Real Estate Transaction

    Shawn Amuial

    Many technologists and pessimists alike have claimed that artificial intelligence and machine learning will replace lawyers. However, current technologies can actually transform and streamline attorneys' jobs, allowing them to complete tasks like real estate transactions in a manner that is better, faster and cheaper, says Shawn Amuial of Holland & Knight LLP.

  • Antitrust Concerns About Big Data May Be Overblown

    Paul Eckles

    The antitrust world has begun to take notice of the ever-growing amount of data being shared across networks and devices, resulting in calls for new laws and increased enforcement efforts. However, existing antitrust principles — when correctly applied — are sufficient to police a firm’s purported misuse of big data, say Paul Eckles and Luke Taeschler of Skadden Arps Slate Meagher & Flom LLP.

  • How Blockchains May Comply With GDPR Mandates: Part 2

    Kennedy Luvai

    The EU’s General Data Protection Regulation may present some challenges to certain blockchain-based solutions. Compliance issues include data minimization, rectification of inaccurate data, access to data and access to data portability, says Kennedy Luvai of Parsons Behle & Latimer PLC.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.