Technology

News & Analysis as of

Jeep Hack Drives Cyber, Crisis, Liability and Supply Chain Coverage Issues

A recall notice to fix critical control software on 1.4 million vehicles should raise concerns for companies, brokers and insurers across several business lines. The vulnerability of vital control systems to a remote hacking...more

The Roundup: Last Week’s Recommended Reading (July 24, 2015)

In the Age of The Internet, Changing Your Name When You Marry Is a Terrible Idea: Fewer women are changing their names than ever, but 70 percent still do. That’s bad for women’s identities, their careers, and their online...more

Employees’ “Low-Tech” Sloppiness Causes High-Tech Problems

A good reminder for employers about maintaining cybersecurity comes from a recent Washington Post article (“This is why the government keeps getting hacked” by Jeffrey Neal) about the breach at the Office of Personnel...more

Versata: What's Technological and The New Rule Against Improvements

What Is a "technological invention"? The other part of the CBM definition at issue in Versata is the exclusion of a technological invention from the scope of CBM review. Correctly, the Court noted that the USPTO's...more

That is SO last week - July 2015 #2

Last week, The New York Times’ The Upshot blog covered a topic that has been one of our top concerns for a while: how big data can discriminate. The post followed a Carnegie Mellon University study that reported, among many...more

Motion To Dismiss For Failure To Claim Patent-Eligible Subject Matter Is Granted In Part

Andrews, J. Defendants’ motion to dismiss amended complaints for failure to claim patent-eligible subject matter pursuant to § 101 is granted in part. The court heard oral argument and considered plaintiff’s proposed claim...more

Check Your Technology License: Payments May Be Unenforceable

Expiration of a patent also terminates the rights to collect royalties on that patent – even if a license contract says otherwise. All businesses are reminded to check the termination date of any patent licensed to the...more

Proposed Rule to Subject Certain Cybersecurity Items to Greater Export Restrictions

The U.S. Department of Commerce Bureau of Industry and Security (BIS) recently published a proposed rule enhancing controls on certain cybersecurity items under the Export Administration Regulations (EAR). Specifically, the...more

It’s All About the Blockchain

Just returning from a blockchain workshop in London, where I worked with a number of incredible people to consider solutions to some of the pressing regulatory issues impacting the blockchain technology. While considering...more

Toward a Grand Unifying Theory of Today’s Tech Trends

As a technology law blogger and co-editor of Socially Aware, I monitor emerging developments in information technology. What’s hot in IT today? Any shortlist would have to include social media, mobile, wearable technology,...more

NVCA reports VC-Backed IPO Activity Increase in Q2

A press release by the National Venture Capital Association (NVCA) and Thomson Reuters reports a significant jump in the number of VC-backed IPOs during the second quarter of 2015. The release notes a 59 percent increase by...more

Hawaii Bans Non-Compete and Non-Solicit Agreements with Technology Workers

Hawaii joined the small list of states that prohibit certain non-compete agreements with employees. On June 26, 2015, Hawaii’s governor David Ige signed Act 158 which voids any “noncompete clause or a nonsolicit clause...more

Update: Patent Trolls Are Targeting the Energy Industry

New data shows a sharp increase in the number of patent troll lawsuits being filed against energy companies in 2015. As we predicted in our March 2014 White Paper, “Are Patent Trolls Now Targeting the Energy...more

RadioShack’s Consumer Data: A Highly Scrutinized Asset

Following the Texas Attorney General’s objection to the sale of RadioShack Corporation’s consumer data as an asset in its bankruptcy, 37 other state attorneys general and a large number of other consumer protection entities...more

Telemedicine: Hitting a Few Speed Bumps

Despite faster Internet connections, better software, increased availability of devices with built-in video, and an increasingly tech-savvy public, the broad acceptance of telemedicine—the use of telecommunication and...more

Telematics and Usage-Based Insurance

The NAIC’s Center for Insurance Policy and Research (CIPR) released a white paper analyzing the future of "telematics" in premium rate-making by auto insurers. Telematics allow for the measurement of actual driving...more

Four Compliance Metrics That Need to Die: Empty Metrics that Aren’t Worth Tracking or Reporting

I’m continuously struck by the compliance industry’s challenges around program measurement and reporting. Most recently, it was the annual Compliance Trends Survey from Compliance Week and Deloitte that delivered the bad...more

Akamai Technologies, Inc. v. Limelight Networks, Inc. (Fed. Cir. 2015)

1. Background - In 2006, Akamai Technologies ("Akamai") sued Limelight Networks, Inc. ("Limelight") in the U.S. District Court for the District of Massachusetts, alleging infringement of U.S. Patent No. 6,108,703. The...more

Employee Surveillance and Monitoring

To state the obvious (and this shows my age), we are way past George Orwell’s 1984. Yes, I know 30 years past it. But we are way past the privacy concerns expressed in Orwell’s book; we are in a new era where technology and...more

German Parliament's IT-Security Act Covers Critical Infrastructure

On June 12, 2015, the German Parliament (Deutscher Bundestag) passed an Act to Improve the Security of Information Technology Systems ("IT-Security Act"). The new legislation requires operators of so-called critical...more

Manatt Digital Media - June 2015

VR—Power, Potential, Risks . . . - Earlier this month, I moderated a VR and augmented reality (AR) panel at the SLUSH Future Brunch, hosted by organizers of Helsinki’s “must know” SLUSH digital media and tech conference...more

Beyond the Slot Machine: New Bill Directs Nevada’s Gaming Regulators to Craft Regulations to Allow “Hybrid” Games

Nevada is the world’s preeminent gaming destination. Not by chance, but by being a leader in gaming and entertainment innovations. Nevada was the first state in the nation to legalize gaming in 1931, the first to introduce...more

Law Enforcement in the 21st Century: How The Courts Are Responding

As published in PublicCEO* The world of law enforcement is changing rapidly. In the last few years, technology has advanced by leaps and bounds altering the way police officers do just about everything. New technology...more

Court of Appeal Upholds Injunction Against Google (Equustek Solutions Inc. v. Google Inc.)

Apparently Google does not appreciate being ordered by a Canadian court to remove worldwide search results. In Update on Injunction Against Google (Equustek Solutions Inc. v. Google Inc.) we reviewed a 2014 decision in which...more

3D Printing, Innovation Protection, and Manufacturing: The Big Change is Now

Intellectual property (IP) law is undergoing a major transformation just as additive manufacturing? or 3D printing? has begun to revolutionize the manufacturing industry. The interplay between these two forces could end up...more

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