Technology Media & Telecom

New York Law Journal |News

HUD Hits Facebook With Administrative Complaint, Alleging Housing Discrimination

Ian Lopez | August 17, 2018

HUD's complaint comes in an ongoing SDNY litigation against the social media company for alleged discrimination on grounds such as sex, race and family status.
The Legal Intelligencer |News

Pa. Firm Claims It 'Wasted' $300K on FindLaw's 'Ineffective' Web Marketing Services

Zack Needles | August 17, 2018

On Aug. 16, a federal judge granted FindLaw's request to transfer the lawsuit from the Western District of Pennsylvania to the District of Minnesota based on the forum-selection clause in a series of contracts entered into by the parties.
The Recorder |News

Advertiser Class Action Claims Facebook Overestimates Audience Size

Ross Todd | August 16, 2018

The suit claims that Facebook's estimated reach among the key 18- to 34-year-old bracket exceeds the actual population of that demographic group in every state in the U.S.
Legaltech News |News

Investor Sues AT&T for $224M in 'SIM Swap' Cryptocurrency Fraud

Ross Todd | August 16, 2018

Entrepreneur Michael Terpin sued the phone carrier, claiming that it should be held liable for fraudsters who hijacked his mobile phone number to steal about $24 million worth of cryptocurrency. The suit also seeks $200 million in punitive damages.
Delaware Business Court Insider |News

Glasscock Scales Back Fair Value in AOL Appraisal

Tom McParland | August 15, 2018

Vice Chancellor Sam Glasscock III granted competing motions for reargument in the high-profile appraisal case after both sides questioned the treatment of financial inputs that led him to set a fair value below the $50 per share price Verizon Communications Inc. paid.
Litigation Daily |News

AT&T Hit With $224M 'SIM Swap' Suit for Cryptocurrency Theft

Ross Todd | August 15, 2018

Entrepreneur Michael Terpin sued the phone carrier, claiming that it should be held liable for fraudsters who hijacked his mobile phone number to steal about $24 million worth of cryptocurrency. The suit also seeks $200 million in punitive damages.
The Recorder |News

Prominent Crypto Investor Sues AT&T for $224M in 'SIM Swap' Fraud

Ross Todd | August 15, 2018

Entrepreneur Michael Terpin sued the phone carrier, claiming that it should be held liable for fraudsters who hijacked his mobile phone number to steal about $24 million worth of cryptocurrency. The suit also seeks $200 million in punitive damages.
Corporate Counsel |Infographic

Under the Hood of Uber Legal's Revamp: A Timeline

Caroline Spiezio and David Palmer | August 15, 2018

Since the departure of former CEO Travis Kalanick last year and the hire of Dara Khosrowshahi to replace him, Uber's legal department has transformed.
New Jersey Law Journal |Best Practices

8 Dos and Don'ts for Surviving the Social Media Age as an Attorney

Zach Warren | August 15, 2018

Robert Brownstone of Fenwick & West doesn't think that the legal profession should shy away from LinkedIn, cloud services and other new tools. Lawyers just need to be smart about how they're used.
Law.Com |Commentary

Tinder Founders Swipe Right on Gibson Dunn's Orin Snyder in $2B Suit

Jenna Greene | August 15, 2018

In a New York State Supreme Court lawsuit, Tinder co-founders and key employees allege that the parent companies manipulated financial information to undercut the value of their stock options.
New York Law Journal |News

Charter Asks Court to Block AG's Request for Trade Association Communications

Dan M. Clark | August 14, 2018

Attorneys for Charter said in a recent letter to Manhattan Supreme Court Justice Peter Sherwood that certain documents are protected under attorney-client privilege and should not be made available to Attorney General Barbara Underwood in her lawsuit against the cable and internet provider.
The Recorder |News

LED Company Wins $66 Million Trade Secret Verdict Against Chinese Competitor

Scott Graham | August 13, 2018

San Jose's Lumileds alleged in a superior court trial that a former scientist had secretly been on the payroll of Zhuhai's Elec-Tech International for six months.
Delaware Business Court Insider |

Facebook Says Derivative Suit Over Privacy Breaches Belongs in Delaware

Tom McParland | August 13, 2018

Facebook's Gibson, Dunn & Crutcher attorneys said a clause in the company's charter designated the Delaware business court as the "sole and exclusive forum" for litigating derivative cases against members of the board.
The Recorder |News

Facebook Wants Derivative Suit Over Privacy Breaches Tossed to Delaware

Tom McParland | August 13, 2018

Facebook's Gibson, Dunn & Crutcher attorneys said a clause in the company's charter designated the Delaware business court as the "sole and exclusive forum" for litigating derivative cases against members of the board.
New York Law Journal |Analysis

Soliciting a Licensee's Customers Doesn't Breach the License, But Could be Tortious

Richard Raysman and Peter Brown | August 13, 2018

A discussion of the U.S. District Court for the Eastern District of Michigan decision BullsEye Telecom v. BroadSoft, concerning a dispute over whether a licensor of telecommunications software could compete with the licensee's customers for the same services.
National Law Journal |News

Trump to Sign CFIUS Reform Bill: What Dealmakers Need to Know

MP McQueen | August 10, 2018

U.S. companies dealing with foreign investors will soon have a whole new reality to contend with when Trump signs it into law Monday.
New Jersey Law Journal |Case Digests

James v. Global Tel*Link Corp.

August 10, 2018

The parties cross-moved for summary judgment on plaintiffs' class action complaint arising from defendant's provision of inmate calling services to correctional facilities where plaintiffs were inmate.
Corporate Counsel |News

PubMatic Snags Former Snap Lawyer Thomas Chow as New GC

Caroline Spiezio | August 09, 2018

"My top goal is to make PubMatic successful, so I want to make the legal process here the most efficient in our industry," Chow told Corporate Counsel.
Litigation Daily |News

Plaintiffs Lawyers Claim Apple Is Hiding Right to Sue from iPhone Throttling Customers

Amanda Bronstad | August 09, 2018

Plaintiffs lawyers are asking Apple to stop all communications with customers about refunds and replacements unless they notify them about their right to sue. A hearing on the matter is set for Sept. 28.
The Recorder |News

Plaintiffs Lawyers Say Apple Is Forcing Legal Waivers on iPhone Throttling Customers

Amanda Bronstad | August 09, 2018

Plaintiffs lawyers are asking Apple to stop all communications with customers about refunds and replacements unless they notify them about their right to sue. A hearing on the matter is set for Sept. 28.
Delaware Business Court Insider |News

Tribune Sues for $1B in Damages After Canceling Deal With Sinclair

Tom McParland | August 09, 2018

The lawsuit filed by Debevoise & Plimpton targets Sinclair's "belligerent and unnecessarily protracted" negotiations with regulators.
International |News

Latham, Clifford Chance Advise on $1.3B Hong Kong Telecom Deal

John Kang | August 09, 2018

HKBN, Hong Kong's second-largest residential broadband internet provider, has offered to buy enterprise clients-focused peer WTT in one of the biggest telecommunications mergers in the city.
The Recorder |News

Lessons from Elon Musk: What the CEO's Tweet Can Teach GCs About Damage Control

Caroline Spiezio | August 08, 2018

When Musk tweeted about potentially taking his company private this week, the world listened. And it's likely his in-house lawyers had to step up their game.
The Legal Intelligencer |Analysis

Boutique Lesson for Big Law Firms: Rip Off the Tech Band-Aid

Lizzy McLellan | August 08, 2018

When it comes to the upside of painful technological upgrades, established firms could learn a thing or two from their own spinoffs.
Delaware Business Court Insider |News

Stark Skeptical of Groupon's Attempts to Attack $82.5M Infringement Verdict

Tom McParland | August 08, 2018

A Delaware federal judge on Wednesday expressed skepticism at Groupon Inc.'s attempt to roll back an $82.5 million verdict for willfully infringing four IBM patents that date back to the early days of the internet and called for a speedy close to post-trial briefing.
New Jersey Law Journal |Analysis

General Data Protection Regulation Internet Cul-de-sac Compliance Option

Jonathan Bick | August 08, 2018

The GDPR is a set of European Union data protection and privacy regulations that apply to American e-commerce with European customers, and that designate European individuals as legal owners of their personal data. Enforcement of the GDPR began on May 25.
The Recorder |News

Fenwick Helps Former Wilson Sonsini Lawyer Take Smart Speaker Startup Public

Xiumei Dong | August 07, 2018

The firm reaped at least $1.35 million in legal fees and expenses from a recent IPO by Sonos Inc.
The Recorder |News

Summer Internships: A More Direct Route In-House for Law Students With Eyes on Silicon Valley

Caroline Spiezio | August 07, 2018

NetApp, Adobe and Google have joined the ranks of tech companies offering summer programs geared toward law students aiming to go in-house in their legal careers.
Litigation Daily |Commentary

Daily Dicta: This Big Law Firm Is the (Unlikely) PR Champ of the Day

Jenna Greene | August 07, 2018

Here's a fun experiment: Four big law firms and two smaller ones on Monday could all legitimately claim a win in a billion-dollar antitrust suit. But who was quickest out of the gate to tout the shared victory?
Corporate Counsel |News

It Takes 2: Hearst Names Jon Donnellan and Mark Redman as Co-General Counsel

Sue Reisinger | August 06, 2018

Both GCs will continue to practice in their specialty areas. For Donnellan, that's First Amendment law and litigation, while for Redman, it's transactional work.
New Jersey Law Journal |News

Judge Won't Put Marketing Call Suits on Hold for Pending FCC Rules

Charles Toutant | August 06, 2018

A federal judge in Camden has ruled that two Telephone Consumer Protection Act suits against Freedom Mortgage Corp. should not be stayed while the FCC develops guidance on what constitutes an automated telephone dialing system under the statute.
Corporate Counsel |Q&A

From GC to Founder: How Circle's Former Top Lawyer Set Up a Consultancy for Crypto, Fintech

Kristen Rasmussen | August 06, 2018

John Beccia says there is a strong need for regulatory guidance and clarity as companies increasingly try to navigate the crypto space.
The Recorder |News Update

Cisco, Arista Settle IP, Antitrust Disputes With Arista Paying $400M

Scott Graham | August 06, 2018

According to a joint statement from the parties, Arista will pay Cisco $400 million, maintain the product modifications required by U.S. International Trade Commission rulings, and make "limited changes to further differentiate its user interfaces from Cisco's."
The Legal Intelligencer |Commentary

How to Step Out of Your Cultural Comfort Zone to Grow Professionally

Sohana S. Barot | August 03, 2018

I am a second-generation Indian-American woman; a daughter of immigrants who have mostly assimilated to the American way of life but still retained much of their cultural upbringing. I grew up quiet, nonconfrontational and soft-spoken.
The Recorder |News

Gearing Up For an IPO, Uber Hires Another Covington Alum To Head In-House Transactions Team

Dan Clark | August 02, 2018

Uber Technologies Inc. announced on Thursday that it will be adding longtime Covington & Burling partner Keir Gumbs as associate general counsel, corporate transactions and deputy corporate secretary. Deptury GC Tammy Albarran previously joined Uber from the firm.
The Legal Intelligencer |News

After 22 Years of Litigation, Justices to Review Surgeon's Bid to Reinstate Defamation Award

Zack Needles | August 02, 2018

The Pennsylvania Supreme Court has agreed to hear an orthopedic surgeon's appeal seeking to reinstate an award in a defamation case that has been ongoing for more than two decades.
The Legal Intelligencer |Commentary

Cellphone Tracking, Privacy and Tech: Losing Focus on the Fourth Amendment (Part 2)

Leonard Deutchman | August 02, 2018

Editor's note: This is the second in a two-part series.In last week's column, I discussed Carpenter v. United States, No. 16-402 (S.Ct. June 22,…
The Recorder |News

In Tezos ICO Case, Judge Ponders New Questions Raised by Crypto-Offerings

Ross Todd | August 01, 2018

"In this instance, I'd rather just hear argument," said U.S. District Judge Richard Seeborg, who often announces a tentative ruling in beginning arguments.
The Legal Intelligencer |News

Mintz Levin Pair Join Saul Ewing in Boston, Finding 'Spirit' and Lower Rates

Lizzy McLellan | August 01, 2018

Partners Jeffrey Robbins and Joseph Lipchitz are bringing their First Amendment and media practice to Philadelphia-based Saul Ewing.
New York Law Journal |Analysis

Victim Defamation Claims in the Era of #MeToo

Mark S. Mulholland and Elizabeth S. Sy | August 01, 2018

The actual malice standard poses an evidentiary hurdle that alleged victims may be unable to clear.
Law.Com |Commentary

General Data Protection Regulation: Defense or Offense?

Nina Cunningham | August 01, 2018

Ostensibly, GDPR's mission is to strengthen and unify the EU's protection of online privacy rights and promote data protection for citizens of the 28 countries currently in the EU. In the global economy, however, GDPR serves as an alarm to all countries with business flowing across Europe and well beyond. Where business flows, data follow.
Corporate Counsel |News

Promoted to Broader Public Policy Role, Google's Kent Walker Faces Delicate Balancing Act

Phillip Bantz | August 01, 2018

Walker and other general counsel who find themselves moving up in the world will have to approach their work from multiple perspectives besides just legal.
The Recorder |Analysis

Google's Kent Walker Faces Delicate Balancing Act in New, Broader Public Policy Role

Phillip Bantz | August 01, 2018

Walker and other in-house lawyers who find themselves moving up in the world will have to approach their work from multiple perspectives besides just legal.
The Legal Intelligencer |Commentary

Litigation in the Age of Automation: Ethical, Reputational and Legal Issues

Rob Drover | July 31, 2018

Let us consider the case of an automated software robot conducting financial transactions on behalf of a company. The robot makes a mistake, causing financial loss for the firm's client. Who is responsible in this case?
The Recorder |Analysis

What Facebook Should Be Looking for in Its Next GC

Dan Clark | July 31, 2018

What kind of lawyer will it take to fill Colin Stretch's shoes? Someone with a good business acumen? An ability to navigate Capitol Hill? A knowledge of privacy law? All of the above?
The American Lawyer |News

Kobre & Kim Launches $30M Israeli Litigation Finance Fund With Bentham

Dan Packel | July 30, 2018

The litigation boutique says its partnership with Bentham to help early-stage companies fight cross-border disputes is the first of its kind.
Corporate Counsel |News

As Kent Walker Promoted to Broader Role, Google on the Hunt for New GC

Phillip Bantz | July 30, 2018

Walker is assuming the position of senior vice president of global affairs at Google as the company faces numerous legal and business challenges.
Corporate Counsel |Expert Opinion

California Consumer Privacy Act Elevates Austin as Prime Tech Destination

Ryan McConnell and Meagan Baker | July 30, 2018

Companies doing business in California turn their nose at the CCPA at their own peril.
The Recorder |News

Brent Hawkins Joins 7-Partner IP Team Joining Morgan Lewis From McDermott

Lizzy McLellan | July 30, 2018

The San Francisco- and Silicon Valley-based partner was part of a move that included partners in Chicago and Washington. More lawyers and staff are expected to follow.
The American Lawyer |News

Morgan Lewis Snags 7-Partner IP Team From McDermott

Lizzy McLellan | July 30, 2018

As it adds partners in Chicago, Washington and San Francisco, Morgan Lewis said it expects up to 14 lawyers to join from McDermott's IP group.
The Recorder |News

Chhabria Appoints Pair to Lead Cambridge Analytica Lawsuits Against Facebook

Amanda Bronstad | July 27, 2018

A federal judge in California has appointed two lawyers to lead class actions brought against Facebook Inc. over the Cambridge Analytica scandal over misuse of user data.
New York Law Journal |News

First Suit Over Facebook's Stock Plunge Is Filed in Manhattan Federal Court

Michael Riccardi | July 27, 2018

The complaint comes after the social media giant lost nearly $100 billion in stock value in one day.
The Recorder |News

With Jury Verdict, Tech Billionaire Siebel's Years-Long Fight With a Former Salesman Nears an End

Ben Hancock | July 27, 2018

After a contentious and lengthy legal battle involving multiple law firms, a jury found that Thomas Siebel's C3 IoT did not owe former salesman Gregg Carman additional pay.
Texas Lawyer |News

Akerman Poaches Dallas-Based Cybersecurity Partner from Greenberg Traurig

Brenda Sapino Jeffreys | July 27, 2018

Lori Nugent has handled more than 1,000 data breaches since 2003.
Delaware Business Court Insider |News

IBM Wins $82.5M Verdict in Groupon Infringement Case

Tom McParland | July 27, 2018

A federal jury in Delaware has ordered daily deal website operator Groupon Inc. to pay $82.5 million for infringing four IBM patents dating back to the early days of the internet, in a case that has been closely watched by the tech industry.
Legaltech News |News

Look What You Made Him Do: Taylor Swift Sued Over App's Alleged IP Infringement

Zach Warren | July 26, 2018

Patrick Bénot, CEO and owner of Long Island-based computer consulting services company SwiftLife, says the singer's app The Swift Life infringes upon his company's trademark.
The Legal Intelligencer |Commentary

Cellphone Tracking, Privacy and Technology: Losing Focus on the Fourth Amendment (Part I)

Leonard Deutchman | July 26, 2018

In Carpenter v. United States, No. 16-402 (S.Ct. June 22, 2018), the U.S. Supreme Court held that the Fourth Amendment prohibited the government from using the Stored Communications Act, 18 U. S. C. Section 2703(d) (the SCA), to obtain from wireless cellphone carriers the “time-stamped record known as cell-site location information (CSLI),” which records (as explained below), created over time and saved, can, when looked at together, provide a picture of the public movements of the cellphone user.
New York Law Journal |News

Fenwick, Fueled by Technology, Expands to 37 Lawyers in NY

Xiumei Dong | July 26, 2018

After nearly a dozen years at Davis & Gilbert, Vejay Lalla is headed to Fenwick & West.
Legaltech News |Analysis

Just How Much Will the EU Impact US Tech, Privacy?

Rhys Dipshan | July 26, 2018

The recent $5 billion antitrust fine levied against Google is far from the only way the European Union is influencing how U.S. tech companies, and U.S. privacy laws, evolve.
Corporate Counsel |Expert Opinion

Data Governance for Legal Ops: Adding Value Through Contract Intelligence and IG

Stephen Allen and Deana Uhl | July 25, 2018

Legal departments are beginning to address the growing pressure to measure and boost value in numerous strategic and innovative ways.
The Recorder |News

Judge Slams Fitbit and MoFo for Arbitration Gamesmanship

Ross Todd | July 25, 2018

Judge James Donato wrote that Fitbit's refusal to pay arbitration fees after routing a consumer case to arbitration "bolstered the perception that arbitration is where consumer lawsuits go to die."
The Recorder |Q&A

Keeping HPE Compliant with Global Anti-Corruption Laws: A Q&A with Becky Rohr

Caroline Spiezio | July 25, 2018

Rohr, formerly a high-level attorney at the U.S. Department of Justice, is tasked with ensuring that the tech company respects the letter of the law in the 70 countries where it operates.
Delaware Business Court Insider |Commentary

Contractual Duties to Conduct a Business in Accordance With 'Sound Business Practices'

Gabriel Herrmann and Lee R. Crain | July 25, 2018

The Delaware Court of Chancery's decision in Wenske v. Blue Bell Creameries, C.A. No. 2017-0699-JRS (July 6, 2018) (Slights, V.C.), highlights an interesting practical challenge faced by parties seeking to impose oversight obligations on a manager charged with operating a business in accordance with sound industry business practices.
The Legal Intelligencer |Commentary

From Piles to Files—How Getting Organized Can Transform Your Business

Dena Lefkowitz | July 25, 2018

Recently, I was on the phone with a fellow coach who asked about my personality type from an assessment taken in the past. I didn't recall, so while still on the call, I quietly walked over to my filing cabinet and pulled out a folder labeled “my assessments.”
The Legal Intelligencer |Case Digests

Braun v. Herbert et al

March 13, 2018

The trial court did not err in finding that the business judgment rule protected the defendant companys decision to reject plaintiffs litigation demand given her failure to allege with particularity the wrongdoing at issue.

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