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High-Tech Law & Litigation Blog

  • 14
  • November
  • 2017

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Trumping Up CFIUS? Proposed Legislation Expands CFIUS Reviews To Include a Wide Variety of Technology Transactions

Section 721 of the Defense Production Act of 1950 (the “DPA”) authorizes the President of the United States and the Committee on Foreign Investment in the United States (the “Committee” or “CFIUS”) to take such action to protect the national security with regard to any transaction in which a foreign person could obtain control of a U.S. business (a “Covered Transaction”). Practitioners generally believe that CFIUS has and wields broad and effective authority to protect the national security of the United States. However, Senator John Cornyn (R-Texas) and key figures within the Administration apparently do not share that view, as on November 8, 2017, Senator Cornyn and a bipartisan group of co-sponsors introduced the Foreign Investment Risk Review Modernization Act of 2017 to amend the DPA (the “Amendment”). If enacted, the Amendment will significantly expand the authority of CFIUS by broadening the types of transactions that CFIUS is able to review and lengthening the list of factors that CFIUS is to take into account when assessing the impact of a transaction on the national security of the United States.

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Something for Everyone: Businesses Across All Industries Can Learn from FTC's "Stick with Security" Guidance on Data Security Best Practices

As a dynamic follow-up to its “Start with Security” guide, the Federal Trade Commission (“FTC”) debuted in July its “Stick with Security” initiative to provide continued guidance to businesses on sound security practices. The initiative has kicked off with a series of Friday blog posts, each emphasizing a security best practice drawn from the FTC’s closed investigations, its law enforcement actions, and questions it has received from businesses. In the first blog post, published July 21, 2017, the FTC revealed some of the themes that resulted in the FTC not taking law enforcement action.

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Uber Settles with the FTC, Tying Itself to the Agency For Up To 20 Years

On August 15, 2017, three years after it faced backlash from the media, Uber has settled with the Federal Trade Commission (FTC) over allegations that despite its representations, the company failed to secure customer data and failed to monitor employee access to that data, thus engaging in unfair or deceptive acts or practices affecting commerce in violation of the Federal Trade Commission Act, 15 U.S.C. § 45(a). We cannot explain why it took three years for the decision to be issued. Regardless, the decision is a reminder that parties must accurately describe their security programs, must take reasonable and appropriate steps to protect personal information, and must test the efficacy of their privacy programs.

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  • 07
  • September
  • 2017

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European Court of Justice Says the General Court Cannot Take Shortcuts in 18-Year-Old Antitrust Case

On September 6, 2017, the European Court of Justice (“ECJ”) reversed a 2014 General Court decision upholding the European Commission’s €1.06 billion judgment against chip maker Intel. But the ECJ reversed the General Court, concluding that it failed to take into account some of the argument put forth by Intel. The ECJ effectively held that the General Court had taken an inappropriate shortcut and has ordered the General Court to reconsider Intel’s As-Efficient competitor (“AEC”) arguments. While the ECJ was concerned that all arguments were not addressed, none of the European institutions involved in this matter appear to be concerned about a process that is now about to leave its adolescence, going into its eighteenth year. One wonders about the efficacy of an antitrust process that requires eighteen years to adjudicate.

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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