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High-Tech Law & Litigation Blog

  • 12
  • February
  • 2018

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Update: District Court Sets Aside $300,000 Apple Sanction

Last week, we wrote that Apple found itself in hot water when a federal magistrate imposed a $300,000 sanction against the company for failing to meet a Rule 45 (third-party subpoena) document production deadline in the Federal Trade Commission’s (“FTC”) case against Qualcomm Inc. In the sanction order, the magistrate cited a similar sanction against Samsung for untimely document production to Apple in an unrelated suit, Apple Inc. v. Samsung Elecs. Co., No. 11-CV-01846 (N.D. Cal. Apr. 23, 2012) [ECF No. 880].

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  • 09
  • February
  • 2018

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Apple Hit with $300,000 Sanction for Missing Document Production Deadline

The Federal Trade Commission’s (“FTC”) case against Qualcomm Inc. — alleging Qualcomm unlawfully maintained a monopoly in baseband processors — is in the midst of a contentious discovery period that has each side scrambling to subpoena documents from various third parties. Apple Inc. is one such third party and is now in hot water for missing a document production deadline, presumably by 12 days. In response, the Northern District of California magistrate judge sent a message to other third parties by sanctioning Apple to the tune of $300,000 ($25,000 per day). Tech companies may view the sanctions as a blessing or a curse, depending on what end of a subpoena they find themselves on.

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  • 18
  • January
  • 2018

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Important News for Publicly Traded Tech Companies: The Supreme Court Will Decide the Constitutionality of the SEC’s ALJ Appointment Process

The U.S. Securities and Exchange Commission (“SEC”) is considered by many to be the nation’s top watchdog on Wall Street — sniffing out insider trading, market manipulation, and financial fraud. But the reality is that any publicly traded company is subject to SEC regulation and enforcement. The tech industry, with its ever-changing landscape, may become a hot bed of SEC enforcement activity, especially as companies continue to navigate uncharted waters such as crypto currencies and innovative “initial coin offering” funding methods.

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  • 13
  • July
  • 2017

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Everything is Bigger in Texas, Except Proportional E-Discovery

If you have ever visited Texas, you know that everything there is “bigger,” including the belt buckles and bar-b-que. Apparently, there is an exception for e-discovery. As hi-tech litigators are well aware, the December 1, 2015 amendments to the Federal Rules of Civil Procedure (“FRCP”) amended Rule 26(b)(1) to require that discovery be “proportional to the needs of the case.” Recently, the Texas Supreme Court emphasized that e-discovery under the Texas Rules of Civil Procedure (“TRCP”) aligns with — and does not surpass — these federal proportionality requirements.

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A Double Surprise: D.C. Circuit "Throws Out" An FCC "Junk Fax" Prevention Act Rule, and FCC Does Not Join Failed Petition for Rehearing En Banc

On March 31, 2017, the U.S. Court of Appeals for the D.C. Circuit did something unusual: it invalidated an FCC rule requiring advertisers to place opt-out notices on solicited faxes, subject to penalties for non-compliance.

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Contributors

Jason A. Levine

Jason A. Levine Partner

Jennifer C. Chen

Jennifer C. Chen Partner

Devika Kornbacher

Devika Kornbacher Partner

Danny Tobey

Danny Tobey Partner

William R. Vigdor

William R. Vigdor Partner

Marc A. Fuller

Marc A. Fuller Counsel

John Andren

John Andren Associate

Thomas W. Bohnett

Thomas W. Bohnett Associate

Megan Coker

Megan Coker Associate

Caroline Colpoys

Caroline Colpoys

Trey Hebert

Trey Hebert Associate

Keeney, Jeremy C.

Jeremy C. Keeney Associate

Howard Lithaw Lim Associate

Kimberly R. McCoy

Kimberly R. McCoy Senior Associate

Elizabeth Krabill McIntyre

Elizabeth Krabill McIntyre Senior Associate

David C. Smith

David C. Smith Senior Associate

Janice Ta

Janice Ta Senior Associate

Margaret D. Terwey

Margaret Dunlay Terwey Associate

Ryan B. Will

Ryan Will Associate

Siho (Scott) Yoo

Siho (Scott) Yoo Senior Associate