Technology

  • September 21, 2017

    MasterCard Can't Challenge Card Tech Patents In CBM Review

    The Patent Trial and Appeal Board on Thursday rejected MasterCard International Inc.’s bid to invalidate two patents for card activation technology, finding a lawsuit over a license agreement MasterCard allegedly breached didn’t give it standing to challenge the patents in covered business method review.

  • September 21, 2017

    Legal Tech Download: Atrium And An Equifax-Suing Chatbot

    The world of legal technology is quickly evolving, with new products aimed at aiding lawyers coming to market in rapid succession. Here, Law360 takes a look at six recent major developments in legal tech.

  • September 21, 2017

    Health App Settles FTC Claims Over Broken Customer ‘Pacts’

    Pact Inc. has agreed to pay $940,000 to settle allegations that its mobile application falsely promised to pay users for meeting weekly exercise or diet goals, which the company calls “pacts,” and for continuing to charge them after the service was canceled, the Federal Trade Commission announced Thursday.

  • September 21, 2017

    FCC's Wireless Report Is Misleading, Media Org. Charges

    A forthcoming Federal Communications Commission report on investment in the wireless industry is effectively a setup for an anticipated push by the agency to rollback net neutrality rules, media advocacy group Free Press charged in a letter to FCC Chairman Ajit Pai this week.

  • September 21, 2017

    Sheppard Mullin Adds New Corporate Partner To SF Office

    Sheppard Mullin Richter & Hampton LLP added a partner from Manatt Phelps & Phillips LLP with expertise in financial services to its corporate practice group in San Francisco this week.

  • September 21, 2017

    Auto Software Maker Accuses Rival Of IP Cybertheft

    An Illinois-based maker of software designed to let car enthusiasts and repair shops tune vehicle computers went after a rival in Washington federal court Wednesday for allegedly hacking into the company's systems and making off with trade secrets.

  • September 21, 2017

    CFTC Accuses Brooklyn Programmer Of $600K Bitcoin Scam

    The U.S. Commodity Futures Trading Commission sued a Brooklyn computer programmer on Thursday in Manhattan federal court for allegedly stealing $600,000 in bitcoin from dozens of investors in his company and claiming that he had been hacked in an effort to cover it up.

  • September 21, 2017

    BREAKING: Fed. Circ. Strikes Down Gilstrap’s Patent Venue Rules

    The Federal Circuit on Thursday ruled that Eastern District of Texas Judge Rodney Gilstrap abused his discretion by refusing to transfer a patent suit against Cray Inc. to another court, holding that venue rules the judge has established are not in line with patent law.

  • September 21, 2017

    Attys Can’t Yet Dump Client Jawbone In Fitbit IP Suit

    A California federal judge declined to rule on Thursday on a bid by attorneys to withdraw from representing Jawbone in Fitbit Inc.’s patent infringement suit against the rival wearable fitness device maker, expressing concerns that if he grants the unopposed request, Jawbone will be unrepresented, which could disrupt the litigation.

  • September 21, 2017

    Western Digital Lobs New Arbitration Request Against Toshiba

    The battle between Western Digital and Toshiba over their joint venture interests continued Wednesday as Western Digital filed another request for arbitration, this time over the Japanese conglomerate’s $1.8 billion investment in the business, the same day Toshiba inked its $18 billion memory unit sale to Boston-based Bain Capital.

  • September 21, 2017

    Germany-Based Schenck Valued At More Than €700M In Sale

    IK Investment Partners has agreed to sell Schenck Process, which provides measuring and process technology and serves industries including food, chemicals, mining and construction, in a deal valuing the business at more than €700 million ($836.7 million), a source familiar with the matter confirmed to Law360 on Thursday.

  • September 21, 2017

    EU Seeks To Tax Online Businesses Where Profits Are Earned

    The European Union’s competition watchdog launched an agenda Thursday seeking agreement among the bloc's member countries to tax digital businesses where they earn profits, regardless of their physical location.

  • September 20, 2017

    Uber Asks 9th Circ. To Decertify Driver Wage Class

    Uber urged the Ninth Circuit at a hearing Wednesday to decertify a class of drivers who say they were misclassified as independent contractors and send their claims to arbitration, saying the drivers’ individual interests preclude certification and that the court’s 2016 decision in another Uber case requires arbitration of individual claims.

  • September 20, 2017

    New Group Aims To Protect American IP In Trade Deals

    Trade associations from the entertainment, art, medical and technology industries announced a new partnership Tuesday with a mission to advance creativity and innovation while facing the challenge of enforcing their intellectual property internationally.

  • September 20, 2017

    PTAB Erred In Communication Patent Ruling, Fed. Circ. Says

    The Federal Circuit on Wednesday reversed a Patent Trial and Appeal Board ruling that NFC Technology failed to show the inventor of a near-field communication device had created a prototype that rendered a patent obvious, saying the decision lacked substantial evidence.

  • September 20, 2017

    Requests Soar For Evidence On H-1B Visa Applications

    The number of requests for evidence on H-1B visa petitions for skilled workers has shot up by 45 percent this year compared to the same period in 2016, according to U.S. Citizenship and Immigration Services statistics.

  • September 20, 2017

    Bally Slots Owner Drops $628M On Gambling Software Co.

    Gambling product provider Scientific Games Corp., which owns slot machine maker Bally Technologies Inc., has struck a deal to scoop up digital gambling software company NYX Gaming Group Ltd. for roughly $628.3 million to create a digital gambling and lottery powerhouse, the pair announced on Wednesday.

  • September 20, 2017

    White Collar 'Goes Dark' With Rise Of Secret Messaging Apps

    White collar suspects’ use of email and other electronic communications about their illicit activity has been a boon to prosecutors for decades, but the rise of encrypted messaging apps and other new technology may be a roadblock to Wall Street prosecutors accustomed to a run of successes.

  • September 20, 2017

    Waymo Pegs Uber Trade Secret Theft Harm At $2.6B

    Amid revelations on Wednesday that a Waymo-commissioned expert report estimated damages caused by Uber’s alleged trade secret theft at $2.6 billion, U.S. District Judge William Alsup accused the Alphabet spinoff of crying “crocodile tears” in seeking to delay trial over the purported theft of self-driving car technology.

  • September 20, 2017

    D-Link Shakes FTC's Unfairness Claim In Data Security Row

    A California federal judge on Tuesday trimmed the Federal Trade Commission's closely watched suit accusing D-Link Systems Inc. of failing to adequately secure its connected devices, ruling that the commission had failed to allege any actual consumer injury to support its unfairness claim and that two of its deception claims weren't specific enough.

Expert Analysis

  • Opinion

    Digital Realty Trust V. Somers May Kill Corporate Compliance

    Stephen Kohn

    During its upcoming term, in Digital Realty Trust v. Somers, the U.S. Supreme Court will decide whether employees who report violations internally are protected under Dodd-Frank. If the court requires whistleblowers to report violations directly to the U.S. Securities and Exchange Commission, internal corporate compliance programs will be crippled, says Stephen Kohn of Kohn Kohn & Colapinto LLP.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Balancing Safety And Innovation In Automated Vehicles

    Michael Nelson

    When touting highly automated vehicles, original equipment manufacturers frequently cite the safety benefits. Michael Nelson and Trevor Satnick of Eversheds Sutherland explore how OEMs consider setting their baseline safety metrics for HAVs to determine whether the early adoption of these vehicles is truly as safe a choice as the automotive community claims.

  • 4 Steps To A Successful Outsourcing Contract

    James Meadows

    The cause of British Airways' estimated £80 million information technology failure in May 2017 was human error, but human error outsourced. These kinds of disasters bring into sharp relief the exposures that may trip up even the most well-intentioned outsourcing arrangements, say James Meadows and Heather Clauson Haughian of Culhane Meadows PLLC.

  • CFIUS Continues To Present Obstacle To Chinese Acquisitions

    Brendan Hanifin

    Although presidential intervention to block a planned acquisition is relatively rare, President Donald Trump’s executive order last week blocking Canyon from acquiring Lattice was not especially surprising in light of recent precedent, the cautious approach of the Committee on Foreign Investment in the United States, and public statements by the Trump administration regarding China, say attorneys with Ropes & Gray LLP.

  • Managing Digital Vendor Risk — The Next Compliance Frontier

    Chris Olson

    Unfortunately, heightened awareness of third-party cyberrisk and the urgency of identifying third-party activity has not fully extended to the consumer-facing digital assets — websites, mobile applications, social media — that form the backbone of modern business-to-consumer communications, says Chris Olson, CEO of The Media Trust.

  • Fast And Frictionless: Key Legal Issues In POS Loans

    David Bright

    In order to deliver the fast lending experience that today's consumers want, the strategic partnerships in a point-of-sale loan program must be carefully negotiated and crafted to arrive at an approach that complies with consumer loan regulations and other laws. In addition, these partnerships must allow for critical "behind the scenes" sharing and coordination, says David Bright of Holland & Knight LLP.

  • Risks And Rules For Data Collection At Retail Properties

    Daniel Ray

    Brick-and-mortar retailers and other property-level businesses have increasingly taken advantage of technology in learning about consumer behavior. But security breaches of consumer information have led to government investigations and multimillion-dollar settlements. Businesses should incorporate privacy principles at every stage of the development of data tracking and collection programs, say attorneys with King & Spalding LLP.

  • Finding Eligible Subject Matter For Business Methods

    Matthew Grady

    Although software and business method patents have recently come under fire, there are valid approaches to successfully preparing and prosecuting these applications in the current environment, say Matthew Grady and Ed Russavage of Wolf Greenfield & Sacks PC.