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High-Tech Law & Litigation Blog

DOJ “No-Poach” Antitrust Prosecutions May Be Imminent 02-16-2018

V&E Antitrust Investigations Update E-communication, February 16, 2018

The DOJ Antitrust Division has been threatening at least since 2010 that it may treat “no-poach” or “mutual no-hire” agreements as criminal violations of the antitrust laws. 

Federal Circuit Rejects “Good Faith and Fair Dealing” Argument for Scrapping an Exclusive Patent License 02-08-2018

V&E IP Insights E-communication, February 8, 2018

On February 7, 2018, the Federal Circuit unsealed its decision to uphold a preliminary injunction barring Infineon Technologies from terminating an exclusive patent license to MACOM Technology Solutions for certain semiconductor technology. 

Distinguished Antitrust Partners Hill Wellford and Darren Tucker Join V&E 02-01-2018

Highly regarded antitrust lawyers Hill Wellford and Darren Tucker have joined Vinson & Elkins as partners, bringing to the firm a combined four decades of government and private practice experience, with a focus on the technology, media, telecom, standard-setting, energy and pharmaceutical sectors.

What Technology Clients Need to Know About the New Tax Act 02-01-2018

IP Series Logo - Mini Thumbnail - 50px WidePresident Trump signed into law the bill commonly known as the Tax Cuts and Jobs Act of 2017 on December 22. What will this mean for your company?

DISCO Raises $20M Growth Financing 01-30-2018

Vinson & Elkins advised CS Disco, Inc., the legal technology company that makes the market-leading cloud ediscovery solution DISCO, in connection with its $20 million equity financing.

AI is Here, Is Your Company Ready? (Hint: No) 11-29-2017

First published by The National Law Journal, December 2017

The scale and scope of artificial intelligence is well-described.

How Blockchain Could Change The Energy Industry 11-21-2017

First published by Law360, November 21, 2017

Blockchain technology, a technology traditionally associated with digital currencies like bitcoin, has expanded far beyond cryptocurrencies and into the energy sphere, ushering in a demand for updated energy technologies and a new legal landscape.

SailPoint Technologies Closes IPO 11-21-2017

Vinson & Elkins advised SailPoint Technologies Holdings, Inc. in its initial public offering of 20,000,000 shares of its common stock at a public offering price of $12.00 per share. 

Proposed Bipartisan Legislation Expands CFIUS Jurisdiction and Creates a Focus on Dual-Use and Emerging Technologies 11-10-2017

V&E CFIUS Update E-communication, November 10, 2017

Section 721 of the Defense Production Act of 1950 (50 U.S.C. § 4565) (the “DPA”) sets forth the authority and power of 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”).

AIC General Counsels Day 11-08-2017

V&E partner Devika Kornbacher will speak on the “Technology Burdens for the General Counsel” panel at the American Investment Council’s annual General Counsels Day.

IAM's IPBC Asia 2017 - Maximising Corporate IP Value 10-31-2017

V&E is pleased to sponsor IPBC Asia, an event focusing on how IP owners can strategically use intellectual property to secure greater operational flexibility, drive revenues, enhance bottom-line returns, increase shareholder value and provide leverage in the financial markets.

CryoLife Announces Definitive Agreement to Acquire JOTEC 10-10-2017

Vinson & Elkins advised CryoLife, Inc., a leading medical device and tissue processing company focused on cardiac and vascular surgery, in connection with its definitive agreement to acquire JOTEC AG, a German-based, privately-held developer of technologically differentiated endovascular stent grafts, and cardiac and vascular surgical grafts, focused on aortic repair.

San Francisco Chapter of the Association of Certified Fraud Examiners Tech Fraud Summit 2017 09-15-2017

The San Francisco Chapter of the Association of Certified Fraud Examiners Tech Fraud Summit 2017, is a day-long training, which will focus on the technology sector regulatory landscape, fraud risks, and emerging prevention and detection technologies and techniques.

Changing Tides of Patent Litigation and Managing Intellectual Property in the United States 06-27-2017

V&E is partnering with the Chinese National Federation of Industries (CNFI) to host a seminar series on Tuesday, June 27 and Friday, June 30 centered on “Changing Tides of Patent Litigation and Managing Intellectual Property in the United States.”

UT Law 30th Annual Technology Law Conference 05-25-2017

V&E is a sponsor of the UT Law 30th Annual Technology Law Conference. V&E partner Steve Borgman served on the Planning Committee for the event and will speak on "Innovative Approaches to Protecting IP in the Technology Sector" on Thursday, May 25 at 2:35 p.m.

Eleventh Annual Investment Treaty Arbitration Conference – Technology, IP and Investor-State Arbitration 04-25-2017

Vinson & Elkins associate Robert Landicho will feature on a panel titled 'Full protection and "cyber" security?' at the Eleventh Annual Juris Conferences’ Investment Treaty Arbitration Conference.

Qualcomm Strikes Back: Claims Apple “Induced” South Korean Investigation and Fine 04-21-2017

V&E High-Tech Law & Litigation E-communication, April 21, 2017

Qualcomm Inc. recently filed a 139-page answer and counterclaims in Apple Inc. v. Qualcomm Inc., 17-cv-108 (S.D. Cal.), a high-profile case in which Apple alleges that Qualcomm failed to offer fair, reasonable, and non-discriminatory (“FRAND”) licensing terms for essential patents.

NPE Licensee Now, Reluctant ITC Discovery Participant Later: Satisfying Domestic Industry Activity Through Licensees 04-19-2017

V&E High-Tech Law & Litigation E-communication, April 19, 2017

In a decision issued on February 8, 2017, an administrative law judge (“ALJ”) of the International Trade Commission (“ITC”) confirmed that a patent owner can rely on its licensee’s activities to satisfy the “domestic industry” requirement of a Section 337 Investigation (the “Investigation”). 

Buyer Beware: How Violation of a Consent Order Resulted in a $6.2 Million Penalty 04-06-2017

V&E IP Insights E-communication, April 6, 2017

On April 4, 2017, the U.S. International Trade Commission (“ITC”) upheld its civil penalty of $6.2 million against DeLorme Publishing Company, Inc. and DeLorme InReach LLC (collectively, “DeLorme”), now known as DBN Holding, Inc. and BDN LLC (collectively, “DBN”), for DeLorme’s violation of a consent order. 

D.C. Circuit Throws Out an FCC Junk Fax Prevention Act Rule 04-04-2017

V&E High-Tech Law & Litigation E-communication, April 4, 2017

On March 31, 2017, the U.S. Court of Appeals for the D.C. Circuit invalidated a Federal Communications Commission (“FCC”) rule requiring advertisers to place opt-out notices on solicited faxes, subject to penalties for noncompliance.

DISCO Raises $20M Growth Financing 01-30-2018

Vinson & Elkins advised CS Disco, Inc., the legal technology company that makes the market-leading cloud ediscovery solution DISCO, in connection with its $20 million equity financing.

SailPoint Technologies Closes IPO 11-21-2017

Vinson & Elkins advised SailPoint Technologies Holdings, Inc. in its initial public offering of 20,000,000 shares of its common stock at a public offering price of $12.00 per share. 

CryoLife Announces Definitive Agreement to Acquire JOTEC 10-10-2017

Vinson & Elkins advised CryoLife, Inc., a leading medical device and tissue processing company focused on cardiac and vascular surgery, in connection with its definitive agreement to acquire JOTEC AG, a German-based, privately-held developer of technologically differentiated endovascular stent grafts, and cardiac and vascular surgical grafts, focused on aortic repair.

MDA to Acquire DigitalGlobe in Deal Valued at $3.6 Billion 02-24-2017

Vinson & Elkins advised MacDonald, Dettwiler and Associates Ltd. (MDA), a global communications and information company providing technology solutions to commercial and government organizations worldwide, in a definitive merger agreement with DigitalGlobe, Inc., the global leader in Earth imagery and information about our changing planet.

MoneyGram Agrees to Merge with Ant Financial in $880M Deal 01-26-2017

Vinson & Elkins advised MoneyGram International, Inc. in a definitive merger agreement with Ant Financial, valued at approximately $880 million. 

V&E Scores Patent Battle Win for Video Game Industry 09-02-2016

Vinson & Elkins recently won a significant victory for Blizzard Entertainment, Inc. and other gaming clients when a Delaware federal judge ruled that the company’s downloadable video game installer does not infringe a data cache patent held by Parallel Networks, LLC.

Image Sensing Systems Adopts NOL Rights Plan 08-24-2016

Vinson & Elkins advised Image Sensing Systems, Inc., a global company dedicated to helping improve safety and efficiency for cities and highways by developing and delivering above-ground detection technology, in connection with its adoption of a Net Operating Loss Shareholder Rights Plan. 

CS DISCO Completes $18.575M Series C Funding 08-02-2016

Vinson & Elkins advised CS Disco, Inc. in the completion of $18.575M in Series C funding. The Stephens Group LLC, a private equity firm, led the round, with participation from existing investors Bessemer Venture Partners and LiveOak Venture Partners. The total investment in DISCO is more than $35M. 

Xplore Technologies Corp. Adopts NOL Stockholder Rights Plan 07-06-2016

Vinson & Elkins advised Xplore Technologies Corp., a manufacturer of fully-rugged and ultra-rugged tablet PCs, in connection with its adoption of an NOL stockholder rights plan. 

V&E Advises Rubicon Technology, Inc. in Successful Proxy Contest 06-24-2016

Vinson & Elkins represented Illinois-based Rubicon Technology, Inc. in its successful proxy contest against Paragon Technologies.

Vinson & Elkins Advising RiceBran Technologies in Proxy Contest 06-06-2016

Vinson & Elkins is advising RiceBran Technologies in its proxy contest defense against LF-RB Group.

Saudi Aramco Energy Ventures Leads Maana's $26M Series B Funding 05-03-2016

Vinson & Elkins advised Saudi Aramco Energy Ventures, LLC, the corporate venturing subsidiary of Saudi Aramco, in its lead investment in Maana’s $26 million Series B funding. 

Distinguished Antitrust Partners Hill Wellford and Darren Tucker Join V&E 02-01-2018

Highly regarded antitrust lawyers Hill Wellford and Darren Tucker have joined Vinson & Elkins as partners, bringing to the firm a combined four decades of government and private practice experience, with a focus on the technology, media, telecom, standard-setting, energy and pharmaceutical sectors.

Corporate Technology Lawyer Andrew Smetana Joins Vinson & Elkins as Counsel 01-03-2017

Andrew Smetana, an experienced attorney with venture capital, finance, mergers and acquisitions and corporate law and governance capabilities, has joined Vinson & Elkins as counsel in Austin.

David Tsai Appointed as Lawyer Representative to the Ninth Circuit Judicial Council 11-11-2016

Vinson & Elkins partner David Tsai has been appointed a Lawyer Representative to the Ninth Circuit Judicial Council for the Northern District of California. Tsai is one of six lawyers selected, and will serve a three-year term. He will join 12 continuing lawyer representatives. 

David Tsai Nominated to Board of Directors of the Bar Association of San Francisco 10-16-2016

Vinson & Elkins partner David Tsai has been nominated to serve a three-year term on the Board of Directors of the Bar Association of San Francisco (BASF), effective January 1, 2017. 

Renowned Corporate Technology Partner Paul Tobias Joins V&E 08-15-2016

Corporate attorney Paul Tobias, widely regarded for his work with technology and growth companies, has joined Vinson & Elkins LLP as a partner in the firm’s Austin office.

Vinson & Elkins Adds Top Litigation Team to Global IP Practice 06-13-2016

V&E continues to enhance its global Intellectual Property practice with the addition of five highly regarded partners in Austin and Dallas who have a broad range of patent, copyright, trademark, trade secrets and complex commercial litigation experience.

Vinson & Elkins Opens in Taipei 05-16-2016

New office will focus on litigation and intellectual property matters. 

Super Lawyers (Thomson Reuters) Recognizes 6 V&E Attorneys in 2016 Northern California Guide 07-08-2016

Super Lawyers has recognized six Vinson & Elkins attorneys in its 2016 Northern California guide. Five partners were named to the Super Lawyers list and another was named to the Rising Stars list.

What Technology Clients Need to Know About the New Tax Act 02-01-2018

IP Series Logo - Mini Thumbnail - 50px WidePresident Trump signed into law the bill commonly known as the Tax Cuts and Jobs Act of 2017 on December 22. What will this mean for your company?

AIC General Counsels Day 11-08-2017

V&E partner Devika Kornbacher will speak on the “Technology Burdens for the General Counsel” panel at the American Investment Council’s annual General Counsels Day.

IAM's IPBC Asia 2017 - Maximising Corporate IP Value 10-31-2017

V&E is pleased to sponsor IPBC Asia, an event focusing on how IP owners can strategically use intellectual property to secure greater operational flexibility, drive revenues, enhance bottom-line returns, increase shareholder value and provide leverage in the financial markets.

San Francisco Chapter of the Association of Certified Fraud Examiners Tech Fraud Summit 2017 09-15-2017

The San Francisco Chapter of the Association of Certified Fraud Examiners Tech Fraud Summit 2017, is a day-long training, which will focus on the technology sector regulatory landscape, fraud risks, and emerging prevention and detection technologies and techniques.

Changing Tides of Patent Litigation and Managing Intellectual Property in the United States 06-27-2017

V&E is partnering with the Chinese National Federation of Industries (CNFI) to host a seminar series on Tuesday, June 27 and Friday, June 30 centered on “Changing Tides of Patent Litigation and Managing Intellectual Property in the United States.”

UT Law 30th Annual Technology Law Conference 05-25-2017

V&E is a sponsor of the UT Law 30th Annual Technology Law Conference. V&E partner Steve Borgman served on the Planning Committee for the event and will speak on "Innovative Approaches to Protecting IP in the Technology Sector" on Thursday, May 25 at 2:35 p.m.

Eleventh Annual Investment Treaty Arbitration Conference – Technology, IP and Investor-State Arbitration 04-25-2017

Vinson & Elkins associate Robert Landicho will feature on a panel titled 'Full protection and "cyber" security?' at the Eleventh Annual Juris Conferences’ Investment Treaty Arbitration Conference.

4th Annual Texas Healthcare and Bioscience Summit and Luminary Dinner 02-07-2017

V&E partner Paul Tobias will be moderating a panel on the “New Technologies and the Value of Research” panel at the Texas Healthcare & Bioscience Institute’s (THBI) 4th Annual Texas Healthcare and Bioscience Summit and Luminary Dinner.

Tech GC - Networking and CLE 12-13-2016

V&E is sponsoring a Tech GC networking event in Boston for 30+ general counsels of VC funds and venture-backed companies; V&E partners Hilary Preston (IP), Devika Kornbacher (IP) and Milam Newby (M&A) are presenting a CLE titled “Strategic Considerations in Digital Media.” 

Smarter, Faster, Cheaper Technology Dispute Resolution Conference – Open Forum with Silicon Valley 09-16-2016

The Association of Corporate Counsel (ACC), Silicon Valley Arbitration & Mediation Center (SVAMC), Chartered Institute of Arbitrators (CIArb), American Arbitration Association (AAA) and International Centre for Dispute Resolution (ICDR) have come together to host a one day program bringing together technology dispute resolution experts to discuss litigation and efficient dispute resolution practices. 

BZ Media's Wearables TechCon, San Jose 07-18-2016

This event brings together more than 50 tech sessions and panels covering topics including Developer Essentials, UI / UX, IoT / Internet of Things, Augmented Reality / Virtual Reality, Legal Essentials, and Manufacturing and Prototyping. 

WT | Wearables Technologies Conference, San Francisco 07-12-2016

Join the international WT | Network at the Fort Mason Center in San Francisco. The entire wearable ecosystem including chip vendors, integrators, distributed networks; as well as network, product, and service solutions providers will be represented.

2016 U.S. Pharmaceutical Patent Litigation Seminar 06-14-2016

Vinson & Elkins was invited by the Chinese Pharmaceutical Manufacture and Development Association to speak in Taipei, Taiwan on May 25th, 2016. 

DOJ “No-Poach” Antitrust Prosecutions May Be Imminent 02-16-2018

V&E Antitrust Investigations Update E-communication, February 16, 2018

The DOJ Antitrust Division has been threatening at least since 2010 that it may treat “no-poach” or “mutual no-hire” agreements as criminal violations of the antitrust laws. 

Federal Circuit Rejects “Good Faith and Fair Dealing” Argument for Scrapping an Exclusive Patent License 02-08-2018

V&E IP Insights E-communication, February 8, 2018

On February 7, 2018, the Federal Circuit unsealed its decision to uphold a preliminary injunction barring Infineon Technologies from terminating an exclusive patent license to MACOM Technology Solutions for certain semiconductor technology. 

AI is Here, Is Your Company Ready? (Hint: No) 11-29-2017

First published by The National Law Journal, December 2017

The scale and scope of artificial intelligence is well-described.

How Blockchain Could Change The Energy Industry 11-21-2017

First published by Law360, November 21, 2017

Blockchain technology, a technology traditionally associated with digital currencies like bitcoin, has expanded far beyond cryptocurrencies and into the energy sphere, ushering in a demand for updated energy technologies and a new legal landscape.

Proposed Bipartisan Legislation Expands CFIUS Jurisdiction and Creates a Focus on Dual-Use and Emerging Technologies 11-10-2017

V&E CFIUS Update E-communication, November 10, 2017

Section 721 of the Defense Production Act of 1950 (50 U.S.C. § 4565) (the “DPA”) sets forth the authority and power of 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”).

Qualcomm Strikes Back: Claims Apple “Induced” South Korean Investigation and Fine 04-21-2017

V&E High-Tech Law & Litigation E-communication, April 21, 2017

Qualcomm Inc. recently filed a 139-page answer and counterclaims in Apple Inc. v. Qualcomm Inc., 17-cv-108 (S.D. Cal.), a high-profile case in which Apple alleges that Qualcomm failed to offer fair, reasonable, and non-discriminatory (“FRAND”) licensing terms for essential patents.

NPE Licensee Now, Reluctant ITC Discovery Participant Later: Satisfying Domestic Industry Activity Through Licensees 04-19-2017

V&E High-Tech Law & Litigation E-communication, April 19, 2017

In a decision issued on February 8, 2017, an administrative law judge (“ALJ”) of the International Trade Commission (“ITC”) confirmed that a patent owner can rely on its licensee’s activities to satisfy the “domestic industry” requirement of a Section 337 Investigation (the “Investigation”). 

Buyer Beware: How Violation of a Consent Order Resulted in a $6.2 Million Penalty 04-06-2017

V&E IP Insights E-communication, April 6, 2017

On April 4, 2017, the U.S. International Trade Commission (“ITC”) upheld its civil penalty of $6.2 million against DeLorme Publishing Company, Inc. and DeLorme InReach LLC (collectively, “DeLorme”), now known as DBN Holding, Inc. and BDN LLC (collectively, “DBN”), for DeLorme’s violation of a consent order. 

D.C. Circuit Throws Out an FCC Junk Fax Prevention Act Rule 04-04-2017

V&E High-Tech Law & Litigation E-communication, April 4, 2017

On March 31, 2017, the U.S. Court of Appeals for the D.C. Circuit invalidated a Federal Communications Commission (“FCC”) rule requiring advertisers to place opt-out notices on solicited faxes, subject to penalties for noncompliance.

Why Time Warner's Attack Against The TCPA Is On The Ropes 03-30-2017

First published by Law 360, March 30, 2017

Attempting to win a constitutional battle that many before it have lost, Time Warner Cable has sought to invalidate the federal Telephone Consumer Protection Act of 1991 on grounds that its new exemption for government-sponsored debt collection calls creates an impermissible “content-based” distinction between categories of regulated speech.

FCC Broadband Consumer Privacy Rules Repealed 03-30-2017

V&E High-Tech Law & Litigation E-communication, March 30, 2017

On Tuesday, March 28, 2017, Congress voted to rollback a regulation that imposed stricter data privacy rules on the collection, use, and sharing of consumer data by broadband Internet service providers (ISPs). 

Even After Section 230 Defense Doesn’t Work Out for Match.com, Federal Court Finds No Relationship Status with Plaintiff 03-24-2017

V&E High-Tech Law & Litigation E-communication, March 24, 2017

On March 10, 2017, the District of Nevada dismissed Mary Kay Beckman’s claims against Match.com stemming from a brutal attack by Wade Ridley, a man she met through the website. The case was before the district court after the Ninth Circuit’s decision holding that Section 230 of the Communications Decency Act, 47 U.S.C. § 230, did not apply to Beckman’s failure to warn claim.

Texas Supreme Court Cautions Against Reliance on Wikipedia in “Welfare Queen” Defamation Case 03-22-2017

V&E High-Tech Law & Litigation E-communication, March 22, 2017

On Friday, the Texas Supreme Court decided a closely-watched defamation case brought by a woman who claimed she was libeled when a Dallas magazine referred to her as a “welfare queen.” See D Magazine Partners, L.P. v. Rosenthal, Case No. 15-0790 (Mar. 17, 2017).

No Right to be Forgotten from Commercial Registers in European Union 03-14-2017

V&E High-Tech Law & Litigation E-communication, March 14, 2017

The contours of the right to be forgotten — to have potentially damaging personal data removed from digital records — continue to take shape in the European Union (EU). 

It’s Hard to Fight the Feds: A New Constitutional Attack Against the TCPA Is Against the Ropes 03-10-2017

V&E High-Tech Law & Litigation E-communication, March 10, 2017

Attempting to win a constitutional battle that many before it have lost, Time Warner Cable has sought to invalidate the federal Telephone Consumer Protection Act of 1991 (TCPA) on grounds that its new exemption for government-sponsored debt collection calls creates an impermissible “content-based” distinction between categories of regulated speech. 

Plotting a New Course – FTC Settles Sherman Section 2 Charges Against Questcor 03-06-2017

V&E High-Tech Law & Litigation E-communication, March 6, 2017

On February 28, 2017, the Federal Trade Commission announced that it had settled its recent challenge under Section 2 of the Sherman Act to Questcor Pharmaceuticals, Inc.’s 2013 acquisition of rights to the drug Synacthen from Novartis AG.

Federal Court Rules that Google Must Face Biometric Information Privacy Class Claims 03-03-2017

V&E High-Tech Law & Litigation E-communication, March 3, 2017

A federal district court denied Google’s motion to dismiss claims under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/1 et seq., embracing a broad interpretation of the law and its potential geographic scope. 

New NY Department of Financial Services Cybersecurity Requirements in Effect 03-01-2017

V&E Cybersecurity and Data Privacy Insights E-communication, March 1, 2017

Today, March 1, 2017, is the effective date of a new set of mandatory cybersecurity requirements (“Cybersecurity Requirements”) promulgated by the New York Department of Financial Services (“NYDFS”).

"If You Have a Phone, You Have a Law[suit]": Class Actions Signal Huge Potential Plaintiff Pool in FTC v. Qualcomm Follow-on Litigation 02-23-2017

V&E High-Tech Law & Litigation E-communication, February 23, 2017

The experience of Qualcomm over the last month has borne out an old litigation maxim: where the government enforcers go, private plaintiffs follow. Last month, as discussed in “FTC Says ‘No License, No Chips’ Policy is No Good: FTC v. Qualcomm Inc.,” the Federal Trade Commission (FTC) filed a complaint in federal district court against Qualcomm Inc. (Qualcomm), alleging the company unlawfully maintained a monopoly in baseband processors.

Supreme Court Reverses Federal Circuit and Holds that the Supply of a Single Component of a Multicomponent Product Does Not Infringe § 271(f)(1) 02-22-2017

V&E IP Insights E-Communication, February 22, 2017

On February 22, 2017, the Supreme Court held that the supply of a single component of a multicomponent product for manufacture abroad cannot as a matter of law infringe 35 U.S.C. § 271(f)(1).

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