Within weeks of the Supreme Court’s decision striking down affirmative action in college admissions last year, Republican attorneys general for 13 states sent a letter to Fortune 100 CEOs condemning their DEI initiatives in...more
Chewy, Inc. v. International Business Machines Corporation - Before Moore, Chief Judge, Stoll and Cunningham. Appeal from the United States District Court for the Southern District of New York....more
Artificial intelligence (AI) and machine learning systems are powerful driving forces in the modern era—defining new frontiers for complex and advanced software services and products. With significant innovation in the AI...more
After more than two years of litigation, Amazon and Microsoft won summary judgment in two class action lawsuits asserting violations of the Illinois Biometric Information Privacy Act (BIPA): Vance v. Amazon.com, Inc., Case...more
What do William Shatner, Snoop Dogg, Mark Cuban, Tom Brady, and patent owners have in common? They are all now minting non-fungible tokens (“NFTs”), turning assets into a token that is represented on the blockchain. ...more
IBM Security (the company’s cybersecurity division) has recently discovered a global phishing campaign targeting organizations associated with the critical coronavirus vaccine distribution chain. The division’s “X-Force,”...more
Report on Supply Chain Compliance 3, no. 13 (June 25, 2020) - IBM CEO Arvind Krishna sent a letter to the United States Congress on June 8 announcing his company’s intent to stop selling general purpose facial recognition...more
With the advent of artificial intelligence and the ubiquity of the internet of things (IoT), at some point customers may be able to drive into a dealership for tire and rim repairs with minimal wait time and an automated...more
In a week that’s already seen plenty of C-suite shakeups, we’ve learned that Ginni Rometty is stepping down from her role as CEO at IBM. The company’s cloud computing chief, Arvind Krishna, will take over for her, though...more
Malware goes commercial. Last year, Jeff Bezos’ phone was hacked after he received a message on WhatsApp containing a line of malware code. The incident has shed light on the malware, aka spyware, industry. Companies sell...more
In Retirement Plans Committee of IBM v. Jander, the Supreme Court, in a unanimous opinion, clarified the its opinion in Fifth Third Bancorp v. Dudenhoeffer, 573 U.S. 409 (2014), which set forth the duties that administrators...more
In December 2018, we reported here that the Second Circuit became the first court at any level to allow an ERISA stock-drop claim to survive a motion to dismiss since the Supreme Court revamped the pleading standard for such...more
This analysis identified and processed over 8,000 patents and patent applications worldwide relating to blockchain, cryptocurrencies, and cryptographic tokens as of July 2018. The analysis did not include patents and...more
According to recent documents made public by the U.S. Patent and Trademark Office (USPTO) IBM has applied for a patent for a system that would use distributed ledger technology to address privacy and security concerns...more
Blockchain - While many people in the U.S. are still skeptical that bitcoin will become a mainstream currency, both private and public sectors are gaining interest in the idea that the underlying blockchain technology...more
The SEC continues to plug away at aggressive FCPA enforcement. This year, at least so far, the SEC has had a very successful year. The Hitachi case is a very interesting enforcement action for several major reasons. ...more
When employers obtain a consumer report for employment purposes, §1681b(b)(3)(A) of the Fair Credit Reporting Act (the “FCRA”) requires issuance of a pre-adverse action notice to the subject of the report (the “consumer”) if...more
When DOJ acts, they like to make a splash. While the FCPA Paparazzi have been lamenting the “slow down” in FCPA enforcement actions and the increase in case closings, DOJ still makes its mark when it acts, and I expect more...more
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
Alien Tort GavelIn July, we posted about two recent decisions by federal appellate courts that sought to define the parameters of the “touch and concern” standard established by the Supreme Court in its 2012 decision in...more