News & Analysis as of

The Carrot or the Stick? New Ways to Explain Why Compliance Builds a Stronger Bottom Line

There is a well-known truth that most business leaders get: bad ethics are bad for business. The reasons are as obvious as last week’s headlines: fines, investigations, remediations, and the like can take a huge toll...more

Time Spent During Security Screening of Apple Employee Bags Not Compensable Under California State Law

Apple scored a decisive wage-and-hour victory when a California district court recently tossed a class action in which the plaintiff employees sought compensation for time spent undergoing exit bag searches to ensure they...more

France’s Highest Court, the Cour de cassation Validates Asymmetrical Jurisdiction Clauses

In its widely published decision of 7 October 20151, France’s highest court, the Cour de cassation has adopted a clear stance in favour of validating conditional and asymmetric forum selection clauses. The case involved...more

Court Grants Summary Judgment for Employer in Apple Class Action Seeking Pay for Time Spent in Security Checks

Free Choice Tanks Plaintiffs’ Claims - Just last year, the Supreme Court held in Integrity Staffing Solutions, Inc. v. Busk, 135 S. Ct. 513 (2014) that employees working at an warehouse were not entitled to...more

Apple Bags a Big Win: District Court Grants Summary Judgment Against Class in Employee Bag Check Litigation

In a welcome decision for retailers, a federal district court in California, after granting the plaintiffs’ motion for class certification, granted Apple’s motion for summary judgment against the class, holding the time that...more

Employment Law Navigator – Week in Review: November 10, 2015

Last week, a jury awarded sports journalist, T.J. Simers a $7.1 million verdict in his age and disability discrimination suit against the Los Angeles Times. Mr. Simers alleged that he was subjected to discrimination...more

Limestone v. Apple: Apple Successfully Moves to Dismiss Willful Infringement Claims

Limestone filed a patent infringement action against Apple, alleging direct and willful infringement of four patents. For each of the four claims of patent infringement against Apple, Limestone alleged, "[u]pon information...more

Should Smartphone Manufacturers Be Legally Compelled to Unlock Users’ Devices?

Picture this: A criminal defendant is indicted for three counts related to the possession of methamphetamine, and federal prosecutors obtain a warrant for the defendant’s iPhone. But the iPhone is passcode protected, and...more

Federal Circuit Clarity on Key IPR Issues May Be on the Way

We are entering an interesting phase in the development of inter partes review proceedings as more and more of the contours of these proceedings are being heard by the Federal Circuit. To date, the Federal Circuit has made...more

No Review of PTAB Determination to Not Institute an IPR, Again - Achates Reference Publishing, Inc. v. Apple, Inc.

Addressing a decision by the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or Board) to not institute inter partes review IPR proceedings, the U.S. Court of Appeals for the Federal Circuit concluded...more

BUY NOW: Use in Commerce for Mobile Applications

For a mobile application developer, clearing the Apple® App Store's® often lengthy approval process and seeing the mobile application available for purchase may seem like the last necessary step to establish use of the name...more

Apple Secures Its Permanent Injunction - Apple Inc. v. Samsung Electronics Co., Ltd.

Addressing the factors for granting injunctive relief in multifaceted, multifunction technology, the U.S. Court of Appeals for the Federal Circuit vacated and remanded the district court’s denial of Apple’s request for a...more

Promoting Antitrust Compliance – The Antitrust Division’s Subtle Shift Regarding Corporate Compliance: A Step Toward Incentivizing...

INTRODUCTION: A surprising feature of many corporate compliance programs is their limited emphasis on antitrust. Compliance efforts are a key feature of modern corporate governance initiatives, and it stands to reason...more

SEC Sanctions Brokers For Not Obtaining Best Execution

Rochdale Securities LLC, at one time a small Commission registered broker-dealer based in Stamford, Connecticut, is perhaps best known as the firm where a registered representative and his customer placed orders for over 1.6...more

Pigs Fly, Hell Has Frozen Over, and the New York Times Supports Small Inventor and University Patenting

Admittedly, only on its Op-Ed page. But last Saturday Joe Nocera wrote a remarkably sane and reasoned column, entitled "The Patent Troll Smokescreen," pointing out that "big companies with large lobbying budgets" are using...more

WARF v. Apple: Motion to Exclude Live Witness Granted Where Apple Had Previously Sought to Rely Solely on Deposition Testimony

As the Wisconsin Alumni Research Foundation ("WARF") patent infringement case against Apple approached trial, Apple attempted to call a witness live that it had previously informed WARF's counsel would be called by...more

Renewable Energy Update - October 2015 #5

Renewable Energy Focus - sPower wins 68.8-megawatt Southern California Public Power Authority solar PPA: SolarServer - Oct 22: sPower has been awarded a 20-year Power Purchase Agreement (PPA) with Southern California...more

The EC Challenge on Tax Rulings. Why it’s Important that Your Business Acts Now in Relation to EU Challenges to Tax Rulings

21 October 2015: Following state aid investigations, the European Commission has ordered Luxembourg and the Netherlands to recover unpaid taxes of €20-30m from each of Fiat and Starbucks. The Commission has confirmed that...more

District Court Declines to Admit Denial of Petition for Inter Partes Review ("IPR") into Evidence before Jury

In a pending patent infringement action, Apple moved to preclude the plaintiff, Wisconsin Alumni Research Foundations ("WARF") from offering evidence or argument regarding the Patent Office's denial of an IPR that Apple...more

The Trans-Pacific Partnership Agreement reached: What does it mean for you?

The United States and 11 other Pacific Rim trading partners recently announced that they have come to a provisional agreement on the wide-ranging trade agreement known as the Trans-Pacific Partnership (“TPP”), which, over...more

The Hidden Reason Most Mergers & Acquisitions Fail: A Special Post from Convercent CEO Patrick Quinlan

I’m in the world of tech and software, which is often a world of rapid growth and industry disruption. In fact that is often the point. Growth and innovation are usually followed by acquisitions and mergers of talent,...more

California Electronic Communications Privacy Act signed by Governor

Last Thursday, Governor Jerry Brown signed the California Electronic Communications Privacy Act (CalECPA) into law, which requires law enforcement to obtain a warrant before accessing or searching individuals’ digital...more

Back to the Future – The DeLorean Trademark Saga Continues

"Doc…are you telling me you built a time machine out of a Delorean?" We all know about the iconic gull-wing DeLorean Motor Company (DMC) car made famous in the Back to the Future trilogy starring Michael J. Fox and...more

Safe Harbor No More: The Everchanging Landscape of Data on the Digital Frontier

Justice in unincorporated territory is often made up of unwritten codes and gentlemen’s agreements focused on individual freedoms and laissez faire trade. But once the space is populated and providing cash flow, and the need...more

Federal Circuit Holds That It Lacks Jurisdiction To Review PTAB’s § 315 Time-Bar Determination

The Federal Circuit has again held that it lacks jurisdiction to review certain decisions of the U.S. Patent Trial & Appeal Board in Inter Partes Reviews, continuing the Court’s apparent “hands off” approach to reviewing PTAB...more

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