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High-Tech Law & Litigation Blog

  • 15
  • February
  • 2018


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Tesla's Lawsuit Challenging Michigan Law Banning Direct Car Sales Raises Novel First Amendment Issues

A lawsuit filed by innovative technology and automotive company Tesla Motors, which challenges Michigan’s ban on direct car sales to consumers, raises the conflict between the need for discovery into matters of intent and First Amendment rights of association related to lobbying activity. The U.S. Sixth Circuit Court of Appeals will soon have to resolve this conflict in Tesla Motors, Inc. v. Johnson, No. 18-1010. In that case, Tesla seeks information about the communications of a trade association that lobbied in favor of legislation that Tesla has challenged as unconstitutional. This new conflict follows a habitual cycle: Technology companies push boundaries, governments seek to regulate their activities, and the companies become more involved in lobbying regulators and legislatures. The question of whether communications related to those efforts may be discovered by other parties in civil litigation is therefore likely to recur, and the Sixth Circuit’s resolution of the issue will merit close attention.

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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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Welcome to V&E's High-Tech Law & Litigation Blog

Welcome to the High-Tech Law and Litigation Blog, which offers updates and insights about important cases and other legal developments affecting the all-important technology sector of the economy. We are Vinson & Elkins attorneys who practice in different areas but have one fundamental thing in common: clients and personal interests that intersect with the technology industry. Our goal is to provide a resource for those seeking to stay abreast of the law shaping – and sometimes shaped by – the rapidly changing world of technology.

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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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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