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UPDATE-Second Bite of Apple, Court Approves $415 million High-Tech Giants Wage-Fixing Settlement

As discussed in my initial blog post on the topic, Google, Apple, Intel and Adobe stand accused of conspiring not to poach one another’s employees in order to keep wages down. And as discussed in my update, the Court rejected...more

Rosebud v. Adobe: District Court Grants Summary Judgment of No Remedies Where Plaintiff Could Not Prove Actual Notice of Patent...

Rosebud filed a patent infringement action Adobe and Adobe moved for summary judgment arguing that Rosebud had no remedy for its patent against Adobe. Adobe based its summary judgment motion on the argument that the...more

Blue Spike v. Adobe: Court Grants Motion to Strike Infringement Contentions Where Contentions Failed to Crystalize Theory of the...

In this patent infringement action between defendant Adobe Systems, Inc. ("Adobe") and plaintiff Blue Spike, LLC ("Blue Spike"), Adobe filed a motion to strike the infringement contentions ("ICs") filed by Blue Spike....more

Antitrust Class Actions Against Employers: A Silicon Valley Special?

One substitute for non-competes with employees is a no-hire agreement with competing employers. As the continuing litigation toll in the Silicon Valley illustrates, that option is illusory...more

UPDATE-The Employees Strike Back: High-Tech Giants Increase Settlement Offer in Wage-Fixing Suit

As discussed in my prior blog post, Google, Apple, Intel and Adobe stand accused of conspiring not to poach one another’s employees in order to keep wages down.  Attorneys representing the class-action employees agreed to...more

Tech Companies Reach New Settlement in Anti-Poaching Cases

This blog has previously reported on the anti-poaching cases involving various tech companies in Silicon Valley.  The cases arise out of alleged agreements between various tech companies not to recruit each other’s...more

California’s Northern District Bucks Standing Trend in Data Breach Class Action

A recent California federal district court order may prove a massive boon to data breach class action plaintiffs. The Northern District of California order, issued in In re Adobe Systems, Inc. Privacy Litigation, denied...more

Daubert Motion Denied Where Defendant Had "Salubrious Fodder" for Cross-Examination If Plaintiff's Expert Used Wrong Source Code

Defendant Adobe Systems ("Adobe") filed a Daubert motion seeking to limit the testimony of plaintiff EveryScapes' expert, Dr. Maja Bystrom ("Dr. Bystrom"), for three reasons. First, Adobe sought to exclude the...more

District Court Denies Daubert Motion Based on VirnetX as Exceeding the District Court's Role as Gatekeeper

In this patent infringement action, Adobe filed a Daubert motion seeking to exclude the plaintiff's damage expert largely based on VirnetX, Inc. v. Cisco Sys., Inc., 2014 WL 4548722 (Fed. Cir. Sept. 16, 2014). As explained by...more

California Court Raises Anew Questions of Standing in Data Breach Cases

There is no question that data breaches are among the most common and costly threats to consumers and companies alike. What remains the subject of vehement debate is whether plaintiffs in cyber-attack cases must allege stolen...more

California District Court Finds Threat of Future Harm Sufficient to Confer Article III Standing in Data Breach Action

In a departure from the mounting body of case law finding that the “increased risk of future harm” is insufficient to confer Article III standing on victims of a data breach, the U.S. District Court for the Northern District...more

Mike Dillon, GC of @Adobe, Talks About Bicycling Across the U.S. From Florida to California [Video]

Today, my guest is Mike Dillon, General Counsel of Adobe Systems, who bicycled across the country from Florida to California. When he started the trip, he was nothing more than a weekend cyclist and honestly didn't even know...more

Privacy & Cybersecurity Update - September 2014

In This Issue: - Home Depot Data Breach — Lawsuits, Calls to Action and Lessons Learned - Skadden Participates in FBI Cyber-Intelligence Workshop - FTC Explores Impact of ‘Big Data’ on American...more

Commissioner Aguilar Addresses Boards’ Focus on Cybersecurity

One June 10th SEC Commissioner Luis Aguilar made a speech before the New York Stock Exchange, and he took the opportunity to discuss good corporate governance as it relates to cybersecurity and boards of directors....more

Adobe Systems Inc. v. Kornrumpf - USCA, Ninth Circuit, June 2, 2014

Adobe Systems Inc. v. Kornrumpf - USCA, Ninth Circuit, June 2, 2014: Ninth Circuit affirms grant of partial summary judgment in favor of Adobe Systems Inc., holding that first sale doctrine was not available as defense...more

USGBC-NCC Launches Building Health Initiative

The U.S. Green Building Council-Northern California Chapter (USGBC-NCC), part of the organization responsible for Leadership in Energy and Environmental Design (LEED) rankings, recently launched the Building Health...more

Privacy Monday – November 11, 2013

First and foremost, this is Veterans’ Day in the US. Let’s take a moment to thank all of those who served and who still serve, and honor the memory of those who gave their all. Businesses are offering special deals to...more

A Different Kind of Adobe Update: Adobe Announces Data Breach Compromising Information of 2.9 Million Customers

Adobe Systems Inc.,(ADBE -1.24%) announced earlier today that has been the victim of a cyber attack that has compromised information of 2.9 million of its customers. In a blog post Thursday morning, Adobe’s Chief Security...more

Adobe Creative Suite Abandons Your Desktop for The Cloud

Christopher Barnett, Scott & Scott, LLP attorney, questions whether Adobe’s move to the cloud foreshadows a larger industry trend away from locally installed and locally licensed software solutions. ...more

DOJ Antitrust Division Continues To Pursue Employers Engaged in Efforts to Restrict Employee Job Change

On November 16, the DOJ Antitrust Division filed an antitrust action against eBay, alleging that "[s]enior executives at eBay and Intuit entered into an evolving ‘handshake’ agreement . . . [that] prohibited either company...more

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