IBM

News & Analysis as of

Alien Tort Case Development: Second Circuit Affirms Dismissal of Claims Against Ford and IBM

Earlier this week, the Second Circuit Court of Appeals affirmed a decision in In re: South African Apartheid Litigation dismissing claims brought pursuant to the Alien Tort Statute (“ATS”) against Ford and IBM. Plaintiffs had...more

Trade Secret Legislation Reintroduced in Congress (3rd Time)

Maybe the third time is the charm. After trying twice before, Congress is making another run at creating a federal claim for trade secret misappropriation. A bipartisan group of legislators from both congressional chambers,...more

Does Your ADA Accommodation Have To Be Perfect, Or Can It Just Get The Job Done?

The Americans with Disabilities Act (“ADA”) requires that employers provide “reasonable accommodations” to those with disabilities to perform the essential functions of their jobs. These accommodations cannot impose an undue...more

Submission of Supplemental Evidence in an IPR May Be Submitted After the Due Date - International Business Machines Corp. v....

Addressing the circumstances for submitting supplemental evidence in an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB or Board) allowed the petitioner to submit a responsive declaration after the due date...more

Recent Federal Appellate Decisions Acknowledge Limits on Employer’s Obligation to Engage in ADA Interactive Process

Employers are generally aware of the obligation under the Americans with Disabilities Act to engage in an “interactive process” with employees who require accommodations in order to perform their duties, but identifying the...more

Second Circuit Holds: You Can’t Always Get What You Want – As Long Your Employer Gives You What You Need (An Effective...

On May 21, 2015, the United States Court of Appeals for the Second Circuit, in Noll v. International Business Machines Corporation, Case No. 13-4096 (May 21, 2015), affirmed a decision by the Southern District of New York...more

Pensions News - May 2015

In This Issue: - Election Result - The Pensions Regulator - Case Law - Other News - On the Horizon - Excerpt from Election Result: Following the General Election on 7 May which resulted in a...more

Redundancy in China: Regulations and our practices

Redundancy has not been defined in any law or regulation in China so far. Article 41 of The Employment Contract Law of the People’s Republic of China provides the following sole and exhaustive four situations where employers...more

Cybersecurity Coverage Litigation: Learning to Survive After the Second Wave Hits

It’s a familiar pattern. First, new risks inspire legislation and regulations that impose new penalties. Next, insurers and policyholders fight over whether the new liabilities are covered under traditional liability...more

En Banc Federal Circuit Broadens What Constitutes A Means-Plus-Function Limitation (Williamson V. Citrix)

Yesterday, the Federal Circuit issued a decision in Williamson v. Citrix that includes an en banc portion that broadens the circumstances in which claim limitations may be deemed means-plus-function limitations. This appears...more

Second Circuit Upholds Employers' Use of Effective ADA Accommodation Over "Perfect" One Sought by Employee

Title I of the Americans with Disabilities Act requires employers to provide reasonable accommodations for employees with disabilities in order for them to perform the essential functions of their jobs. Employers and...more

Connecticut Supreme Court Affirms No Coverage under CGL Policy for Damages Arising from Lost Computer Tapes

The Supreme Court of Connecticut recently affirmed the lower court’s finding that no coverage obligation exists for insurers in Recall Total Info. Mgmt. v. Fed. Ins. Co., 2015 Conn. LEXIS 150 (Conn. May 26,...more

Revisiting Reasonable Accommodation Under the ADA — Being “Effective”

What does it really mean to provide a reasonable accommodation to an employee who has a disability? That’s a question I talk about a bunch with clients. The employee may request one thing but the employer may think that...more

Second Circuit Confirms That Providing “Effective” Reasonable Accommodation Sufficient Under ADA and NYS Law

In Noll v. Int’l Bus. Machs. Corp., 13-cv-4096 (2d Cir May 21, 2015), the Second Circuit Court of Appeals addressed the extent to which, under the ADA and New York State law, an employee must be provided with the precise...more

IP Newsflash - June 2015

FEDERAL CIRCUIT CASES - CAFC: If (No Factual Findings), Then (No Deference) - Two days ago, on remand from the U.S. Supreme Court, the Federal Circuit in Shire v. Watson again affirmed its reversal of the...more

Privacy Tuesday – June 2015 – Courts Affirm Insurers’ Denial of Coverage for Electronic Data Claims  

In the last month, both a federal and state court denied coverage for claims relating to an insured’s handling of electronic data. In the first case, a federal court held that there was no coverage under a cyber insurance...more

Data Breach Insurance: Does Your Policy Have You Covered?

Recent developments in two closely watched cases suggest that companies that experience data breaches may not be able to get insurance coverage under standard commercial general liability (CGL) policies. CGLs typically...more

IP Newsflash - May 2015 #4

DISTRICT COURT CASES - Eastern District of Virginia Grants Summary Judgment of Noninfringement to Adobe - On May 7, 2015, Judge Brinkema of the United States district court for the Eastern District of Virginia...more

Data breach coverage denial upheld by Connecticut Supreme Court

In a 3 page per curiam decision issued this week, the Connecticut Supreme Court upheld a lower court’s decision holding in Recall Total Information Management, Inc., et. al v. Federal Insurance Company, that Federal Insurance...more

Connecticut Supreme Court Affirms No Coverage for Lost Tapes Absent Publication of Data

In Recall Total Information Mgmt., Inc. v. Federal Ins. Co., SC19201 (Conn. May 18, 2015), the Connecticut Supreme Court held that where there was no factual support that anyone ever actually accessed private information...more

Is that Covered? Data Breach

With all of the data breach issues in the news, we thought that this decision might be of interest to you. The Connecticut Supreme Court today affirmed a lower court ruling denying coverage to IBM for more than $6 million in...more

No Special Rules Regarding Consideration of Expert Declarations in IPR Proceedings - In re International Business Machines Corp.

In a non-precedential opinion, the U.S. Court of Appeals for the Federal Circuit declined to direct the U.S. Patent and Trademark Office (PTO) to create a particularized written standard for consideration of inter partes...more

IBM sentenced to pay 6.5 million as contractual damages

In a recent and long-awaited decision, the Bordeaux Court of Appeal concluded a dispute concerning key issues for system integration projects and provided a reminder that the amendments to a contract should be accurate and...more

IBM identifies cybercriminals’ increased use of Dyre Wolf to steal millions

IBM researchers reported late last week that they have identified an increase in the use of Dyre Wolf malware which has contributed to the loss of millions of dollars from victim companies. Dyre Wolf allows the intruders to...more

Guard Your Sheep, The Dyre Wolf is Coming

IBM announced this week that it had uncovered a highly-sophisticated scheme to steal funds from medium to large U.S.-based companies. The scheme dubbed “The Dyre Wolf” only targets companies, unlike past schemes which also...more

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