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High-Tech Law & Litigation Blog

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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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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  • 21
  • November
  • 2017


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Suggestion and Innuendo Held Insufficient To Create Federal Jurisdiction in Qualcomm Patent Licensing Litigation

Qualcomm scored a victory in one of the many battles in its war with Apple and others surrounding licensing practices for baseband processors. In July, Apple — which is suing Qualcomm for allegedly overcharging for licenses to use its chip patents and withholding over a billion dollars in royalties — amended a pending complaint to add claims relating to an additional nine patents-in-suit. In August, Qualcomm moved to dismiss the additional claims relating to those nine patents on the grounds that the court lacked declaratory judgment jurisdiction to hear the claims. This month, the Southern District of California dismissed the additional claims, agreeing with Qualcomm that jurisdiction did not exist.

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  • 01
  • August
  • 2017


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Avoiding Accidental Contracts By Email: A Tech-Centric Point of View

In today’s fast-paced business environment, email is indispensable.  But its speed and informality can lead to the inadvertent use of contract-forming language, resulting in unintended binding agreements. This problem is exacerbated by legal regimes that favor the recognition of contracts formed by email, with the intent of facilitating electronic commerce and online shopping. There are, however, several steps that companies can take to reduce their exposure to the danger of accidental contracts, which are offered below.

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Jason A. Levine

Jason A. Levine Partner

Jennifer C. Chen

Jennifer C. Chen Partner

Devika Kornbacher

Devika Kornbacher Partner

Marc A. Fuller

Marc A. Fuller Counsel

Thomas W. Bohnett

Thomas W. Bohnett Senior Associate

Megan Coker

Megan Coker Senior Associate

Trey Hebert

Trey Hebert Associate

Howard Lithaw Lim 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