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High-Tech Law & Litigation Blog

  • 27
  • September
  • 2018

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Can Calls from an Ordinary Cellphone Trigger TCPA Liability? Maybe.

While spam calls and texts are becoming more sophisticated, courts have disagreed about what types of “automatic telephone dialing system[s]” are limited by the Telephone Consumer Protection Act of 1991 (“TCPA”). On September 20, 2018, the Ninth Circuit adopted a surprisingly broad interpretation of autodialer: a device can be considered an autodialer even in the absence of the statutorily specified “random or sequential number generator.”

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  • 06
  • August
  • 2018


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Facebook Faces Another Consequence of Its Privacy Problems: Shareholder Lawsuits

After months of being on the hot-seat on Capitol Hill, in the press, and among its users, Facebook is now facing a pair of shareholder suits alleging that it misled investors about its expected revenues and user growth. These suits compound the privacy problems that recently plagued the company, and they also reflect the impact of new European privacy legislation.

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  • 14
  • June
  • 2018


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Secret CFIUS Request Spurs Qualcomm Shareholder Suit

On June 8, 2018, Qualcomm shareholders filed a lawsuit in the Southern District of California against Qualcomm Inc., its CEO, and its CFO for, essentially, secretly requesting a Committee on Foreign Investment in the United States (“CFIUS”) review of Broadcom Ltd.’s attempted takeover of Qualcomm. Camp v. Qualcomm Inc., 18-cv-1208 (S.D. Cal. filed June 8, 2018). The CFIUS review, as previously reported by V&E, ultimately led to President Trump’s executive order that ended Broadcom’s takeover efforts.

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  • 27
  • April
  • 2018


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European Competition Watchdog Says “Shazam!” and Opens In-Depth Investigation Into Apple-Shazam Deal Over Consumer Data Concerns

In December 2017, Apple announced its intention to purchase UK-based app maker Shazam for $400 million. Shazam is best known for developing one of the most popular music recognition apps, which uses a mobile device’s built-in microphone to listen to and identify songs for the user. Because of Shazam’s relatively low revenue numbers, the proposed acquisition did not contain an “EU dimension” based on certain “turnover” (read: revenue) thresholds set by the EU Merger Regulation, and therefore Apple was not required to notify the European Commission of the deal. However, Apple did report the transaction for regulatory clearance in Austria, where the deal met the national notification thresholds. Subsequently, Austria, joined by several other European countries, requested that the European Commission, the EU’s competition watchdog, examine the acquisition. Under Article 22(1) of the EU Merger Regulation, Member States may ask the Commission to examine a merger that does not have an EU dimension but that may otherwise significantly affect competition in the requesting Member State.

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  • 27
  • March
  • 2018

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FTC Confirms Investigation Into Facebook

In the wake of recent revelations regarding Facebook and Cambridge Analytica, the Federal Trade Commission (“FTC” or the “Commission”) has publicly confirmed an investigation into Facebook’s privacy practices. On March 26, Tom Pahl, Acting Director of the FTC’s  Bureau of Consumer Protection, issued the following statement posted on the FTC website.

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Jennifer C. Chen

Jennifer C. Chen Partner

Devika Kornbacher

Devika Kornbacher Partner

Marc A. Fuller

Marc A. Fuller Counsel

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Thomas W. Bohnett Senior Associate

Megan Coker

Megan Coker Senior Associate

Trey Hebert

Trey Hebert Associate

Howard Lithaw Lim Senior Associate

Elizabeth Krabill McIntyre

Elizabeth Krabill McIntyre Senior Associate

David C. Smith

David C. Smith Counsel

Margaret D. Terwey

Margaret Dunlay Terwey Senior Associate

Ryan B. Will

Ryan Will Associate

Siho (Scott) Yoo

Siho (Scott) Yoo Senior Associate