X

Reset Password

Username:

Change Password

Old Password:
New Password:
We have completed your request.

High-Tech Law & Litigation Blog

AI is Here, Is Your Company Ready? (Hint: No)
First published by The National Law Journal

In this article, Danny Tobey discusses the importance of companies and their legal counsel preparing for the impact of AI. From questioning “What Happens to Tort Law” to discussing how AI could challenge professional judgment and create new privacy issues, the message is clear: Companies and their legal teams should be thinking about the changes AI will bring and how to manage associated risks as AI continues to evolve.

Read More
  • 30
  • November
  • 2017

Authors:

Share on:

IP Implementers Beware: Assistant Attorney General Delrahim Stakes Out New Balance in Intersection of Innovation and Antitrust Policy

In the few short weeks since his Senate confirmation in late September, new DOJ Antitrust Division boss Makan Delrahim has wasted no time staking out the Division’s position regarding certain key areas of antitrust enforcement and regulation. One of those areas is innovation policy and, specifically, the intersection of antitrust law and intellectual property in the context of standard-setting organizations (“SSOs”) and policies regarding the licensing of standard-essential patents (“SEPs”). Assistant Attorney General Delrahim’s comments on this subject are especially interesting given that he is the first registered patent lawyer to helm the DOJ Antitrust Division. In a speech at the University of Southern California’s Gould School of Law earlier this month, Assistant Attorney General Delrahim made clear his belief that the application of competition policy and enforcement has been too heavy-handed in the SSO and SEP arena and that the scale has been tipped for too long in favor of implementers.

Read More
  • 21
  • November
  • 2017

Author:

Share on:

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.

Read More
  • 16
  • November
  • 2017

Author:

Share on:

Businesses Increasingly Subjected to Class Action Lawsuits Alleging Violations of Illinois Biometric Information Privacy Act

Biometrics — measurements of a person’s physical being, such as fingerprints, retinal or iris scans, or facial recognition — are being increasingly used in commercial settings. For example, many employers are using biometric timekeeping systems, allowing employees to clock in and out with a fingerprint.

Read More
  • 14
  • November
  • 2017

Authors:

Share on:

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.

Read More
  • 26
  • October
  • 2017

Author:

Share on:

The FTC Issues Clarifications on the Children’s Online Privacy Protection Rule and Voice Recordings

On October 23, 2017, the Federal Trade Commission released a new policy enforcement statement regarding the Children’s Online Privacy Protection Rule (“COPPA”), a rule designed to “strengthen kids’ privacy protections and give parents greater control over the personal information that websites and online services may collect from children under 13.” The FTC’s new policy statement clarifies that the Commission will not require online providers and websites to acquire parental consent for the recording of a child’s voice for the purpose of replacing written words — such as for a command or a search done using a home voice control system. For example, the FTC will not enforce if a home voice control system records a child’s voice when they ask a question or give a request. This clarification is not without limit, as we explain here.

Read More

Dates

Subscribe for Updates

Receive e-mail updates from the V&E High-Tech Blog team

Follow Us On Linkedin

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

Thomas W. Bohnett

Thomas W. Bohnett Associate

Megan Coker

Megan Coker Associate

Caroline Colpoys

Caroline Colpoys Associate

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