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Technology

  • November 9, 2018

    Tesla's $55B Musk Pay Deal Unfair, Investor Tells Chancery

    A 10-year Tesla compensation plan offering founder and CEO Elon Musk as much as $55.8 billion cannot avoid Delaware Chancery Court’s tough entire fairness review standards, despite director claims that more-permissive standards apply, an investor who challenged the deal argued Friday.

  • November 9, 2018

    Feds Get Privacy Law Input From Industry, Consumer Groups

    Comments poured in Friday at the Trump administration's deadline for weighing in on the Commerce Department's privacy regime, with trade groups calling for uniform standards and consumer advocates pushing for a baseline federal privacy law.

  • November 9, 2018

    Fed. Circ. Hands GE Another Win Over Jet Engine Patents

    The Federal Circuit on Friday affirmed Patent Trial and Appeal Board decisions that invalidated claims in three United Technologies Corp. patents covering aircraft engines, handing another win to General Electric Co. in the rivals’ patent fight.

  • November 9, 2018

    $5M Frozen For Chancery Battles Over $52M Good Tech Deal

    Good Technology Corp. stockholder beneficiaries of a $52 million pair of Delaware Chancery Court settlements over the company’s disputed sale to BlackBerry Ltd. have agreed to hold back $5.1 million from distributions pending resolutions with large investors excluded from the deal.

  • November 9, 2018

    Deals Rumor Mill: BlackBerry, Permira, ADM

    BlackBerry is discussing a deal to buy Cylance Inc., Permira wants to sell off Teraco Data Environments, and Archer Daniels Midland floated a deal to buy Molinos Agro’s livestock feed and soy oil manufacturing plant.

  • November 9, 2018

    Uber Fined $750K Over Response To DUI Driver Complaints

    Uber Technologies Inc. was fined $750,000 by the California Public Utilities Commission on Thursday because the ride-hailing giant failed to investigate or promptly suspend drivers suspected of driving under the influence.

  • November 9, 2018

    BMW, Daimler Car-Share Merger Wins EU Approval

    German automakers BMW and Daimler were given the green light by the European Commission to merge their car-sharing, ride-hailing and other mobility services, provided they make concessions to allay the watchdog’s concerns about a potential monopoly in six cities.

  • November 9, 2018

    Panasonic, Others Cut $26M Antitrust Deal With Buyers

    Panasonic Corp. and three other electronics companies have cut four separate deals totaling $25.75 million that would resolve putative class claims alleging they fixed the price of linear resistors used in common electronic devices, according to documents filed Thursday in California federal court.

  • November 9, 2018

    FCC Aims For Deference To Net Neutrality Order, GC Says

    The Federal Communications Commission is interested in keeping its net neutrality deregulation order on the books as it navigates D.C. Circuit challenges to the regime, but it’s not necessarily seeking a broader ruling that its approach is the only permissible way to classify broadband, the agency's general counsel told a Washington, D.C., audience Friday.

  • November 9, 2018

    Hewlett Packard Enterprise Hit With Gender Pay Gap Suit

    Hewlett Packard Enterprise Co. has been sued in California state court for allegedly discriminating against its female workers, paying them less than their male counterparts and funneling women into jobs based on stereotypes.

  • November 9, 2018

    Drone Crash Injury At Wedding Not Covered, Insurer Says

    An insurance company has asked a California federal court to grant a quick win in its suit against a policy-holding photography company because exclusions in the coverage mean it doesn't have to pay for a drone incident at a wedding shoot during which a guest lost an eye.

  • November 9, 2018

    Electric Car Co. Seeks OK For New Investor After Deal Sinks

    The parent company of American electric vehicle startup Faraday Future has filed suit in California federal court seeking to confirm an arbitration award affirming its right to find alternative financing after a Hong Kong-based investor shirked its obligation to make a payment partway into a $2 billion agreement.

  • November 9, 2018

    Idelic Closes $2M Funding Round Led By Bain Capital

    Pittsburgh-based Idelic, which specializes in software aimed at improving transportation safety, has closed a $2 million round of financing led by Bain Capital Ventures and overseen by Pepper Hamilton LLP, the firm announced Friday.

  • November 9, 2018

    Sonus Fudged Revenue Forecasts, Investor Says In Suit

    Sonus Networks and its executives were hit with an investor suit in Massachusetts federal court Thursday for allegedly stretching financial statements to overstate revenue forecasts after the company and two of its officials were fined by the U.S. Securities and Exchange Commission.

  • November 9, 2018

    HTC Must Prove Ericsson’s SEP Royalties Breach: Gilstrap

    A Texas federal judge has agreed with Ericsson Inc. that HTC America Inc. bears the burden of proof for its claims that the Swedish telecom breached its obligation to license standard-essential patents for cellular and wireless technology on fair, reasonable and nondiscriminatory terms.

  • November 9, 2018

    Netflix, DMT Spar Over Online Viewing Patent In Fed. Circ.

    The Federal Circuit heard arguments Friday regarding whether a district court correctly ruled in favor of Netflix by saying that a Florida company’s patent for a system of viewing online content was directed to an abstract idea and lacked inventive qualities.

  • November 9, 2018

    Fairchild Owes Rival $24M For Tech Patent Infringement

    A Delaware jury awarded Power Integrations Inc. more than $24 million in damages Friday after finding that competitor Fairchild Semiconductor International willfully infringed its patents for frequency jitter technology and induced third parties to infringe the patents as well.

  • November 9, 2018

    10 Firms To Guide 6 IPOs Exceeding $800M

    Ten law firms are set to guide six initial public offerings that could exceed $800 million during the week of Nov. 12, steering a lineup led by two blank check companies hunting for acquisitions, in potentially the last wave of offerings before Thanksgiving.

  • November 9, 2018

    Taxation With Representation: Kirkland, Vinson, Wachtell

    In this week’s Taxation With Representation, Thoma Bravo inks a $950 million deal with Broadcom Inc. for Veracode, Newell Brands sells off its fishing business and memorabilia manufacturer for $2.5 billion, Western Gas Partners nabs Anadarko Petroleum Corp. midstream energy assets for $4 billion, and Edenred SA buys Corporate Spending Innovations for $600 million.

  • November 9, 2018

    3 Firms Shepherd $3.2B Merger Of Fiber Optic Cos.

    Finisar Corp., a formerly private equity-owned fiber optic supplier, has agreed to a roughly $3.2 billion cash-and-stock merger with peer II-VI Inc., the companies said Friday, in a deal steered by K&L Gates LLP, Sherrard German and Kelly PC, and O’Melveny & Myers LLP.

Expert Analysis

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • When A Blog Post Leads To Antitrust Liability

    Daixi Xu

    It is not uncommon for companies to issue statements about pending litigation. But a California federal court's recent decision in Arista v. Cisco shows that, in some circumstances, such statements could be seen as part of an anti-competitive scheme, say Daixi Xu and Julie Shepard of Jenner & Block LLP.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • What New Bank Charters Mean For Fintech

    Mark Nuccio

    The Office of the Comptroller of the Currency's recently announced national bank charters for financial technology companies hold the promise of delivering lower costs and improved efficiencies in a safe environment that protects consumers, say attorneys at Ropes & Gray LLP.

  • 4 Key Problems With The Proposed EU Digital Tax

    Sigurd Næss-Schmidt

    As discussions continue regarding the proposed European Commission digital services tax, we suggest that European finance ministers examine four major issues with the proposal including its economic basis and its actual impact if it were to be implemented, say Sigurd Næss-Schmidt and Bruno Basalisco of Copenhagen Economics.

  • The Rise In ESG Investing — And What Boards Can Do

    Peter Atkins

    Public companies are being bombarded with messages, requests and demands around environmental, social and governance matters. At least for companies incorporated in states such as Delaware, directors should consider whether there is a nexus between ESG issues and the pursuit of shareholder welfare, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • How FIRRMA Changes The Game For Tech Cos. And Investors

    Steven Croley

    The Foreign Investment Risk Review Modernization Act, signed into law in August, will significantly alter how the Committee on Foreign Investment in the United States conducts its work. Emerging technology companies, and their prospective investors, must be mindful of whether investments are now subject to CFIUS jurisdiction, say attorneys at Latham & Watkins LLP.

  • Avoid Overlap In Trade Secret And Misappropriation Claims

    Mareesa Frederick

    As highlighted in the Federal Circuit's recent decision in Texas Advanced v. Renesas, plaintiffs hoping to assert trade secret misappropriation and patent infringement claims in the same lawsuit must craft damage theories carefully to avoid running afoul of the prohibition against double recovery, say attorneys at Finnegan Henderson Farabow Garrett & Dunner LLP.

  • 10 Questions The SEC Will Probably Ask Google: Part 2

    John Reed Stark

    Google reportedly opted not to disclose a cybersecurity vulnerability this past spring due to fears of drawing regulatory scrutiny and causing reputational damage. This fact will be a lightning rod for SEC enforcement attention, says John Reed Stark, former chief of the SEC's Office of Internet Enforcement.