Mobile Devices

News & Analysis as of

The Truth About Mobile Intellectual Property Protection: Debunking Common Misconceptions

Mobile is the platform of the smart future. - As mobile device and network capabilities expand and reach broader audiences, ubiquitous network connectivity and depth of mobile data penetration will solidify the...more

Why It’s Time Employers Revisit Their Cell Phone Reimbursement Policy

What happens when your employees use their personal smartphones to check or respond to work email? It may be a question that you hadn’t given much thought to. Presumably, if an employee makes a work-related call, email or...more

Is Your Company Ready for the Millennial Shift?

With Boomers exiting and Millennials entering, significant shifts in the work environment are coming—along with shifting concerns for employers. Are you ready?...more

The CFPB and the Technological Revolution

The Consumer Financial Protection Bureau (CFPB) Director Richard Cordray emphasized during the CFPB’s September 11, 2014, meeting with the Consumer Advisory Board the CFPB’s new focus on protecting consumers who use mobile...more

Can the Police Look at My Cell Phone Without a Warrant? #CriminalDefenseAttorney

For the past century, the United States Supreme Court has given the police the right to search (without a warrant) a person who has been legally arrested. See Weeks v. United States, 232 U.S. 383, 392 (1914). Unfortunately,...more

Federal Magistrate Recommends Dismissing TCPA Class Claims Against Coke

Responding to an invitation to text can satisfy TCPA’s Express Consent Requirement - In a Telephone Consumer Protection Act (TCPA) putative class action against Coca-Cola and its marketing agent, a Northern District of...more

Mobile Payments – The Future is NOW

At this week’s highly anticipated new product launch, Tim Cook (Apple’s CEO) introduced Apple Pay, Apple’s new payment platform driven by the event’s leading stars, the iPhone 6 and iWatch. As usual, the excitement was...more

GIS Technology Supports Port Efficiency and Expansion

Known as the Cargo Gateway to the Americas and currently home to 13 cruise lines, Port Miami is a vital economic anchor of Miami -Dade County. The Port employs more than 200,000 in the South Florida region and contributes $27...more

DOJ and AAI File Briefs in Motorola FTAIA Case

We’ve previously written about Motorola Mobility v. AU Optronics, currently pending in the Seventh Circuit. As many of you know, the Seventh Circuit vacated its March 2014 decision that the higher prices for mobile phones...more

Texting For Business On Personal Cell Phones

In the last few years, many industries and companies have been coming to grips with the problems posed by employees using their personal phones, tablets, or laptops for business uses. The recognition of the need to develop...more

Calling All California Employers: You Must Reimburse Employees for Mandatory Use of Their Personal Cell Phones Even if They Have...

A California appellate court recently held that employers are always required to reimburse employees for mandatory use of their personal cell phones, even if they do not incur any additional expense for doing so. The case is...more

Federal Trade Commission Checks Out Mobile Shopping Apps

In August, the Federal Trade Commission (“FTC”) released a staff report concerning mobile shopping applications (“apps”). FTC staff reviewed some of the most popular apps consumers utilize to comparison shop, collect and...more

BYOD: No Such Thing as a Free Lunch

It seems intuitive that, by and large, employees prefer to use their own mobile devices, carrying only a single device for personal and work purposes, and having choice over the device to be used (please don't take away my...more

Status Updates - August 2014 #13

..Blind spots. Self-driving cars are an excellent example of innovation, and the ones with Google technology have already traveled more than 700,000 miles. But what if a self-driving car doesn’t “see” a new traffic light or a...more

Has the Presence of Smartphone Recycling Kiosks in Major U.S. Cities Affected the Incidence of Robbery and Larceny?

In recent years, many areas of the United States have experienced a surge in crimes involving the theft of mobile devices. According to Consumer Reports, an estimated 3.1 million mobile devices were stolen in the United...more

On whose dime? Court rules California employers must pay employee cell phone expenses

In a world where mobile devices outnumber both personal computers and humans, it’s not surprising that we use our mobile devices for both business and pleasure. In a published opinion sure to wreak havoc with workplace bring...more

California Employers Required to Pay Employees’ Work-Related Cell Phone Expenses

A California Court of Appeals held recently in Cochran v. Schwan’s Home Service, Inc. that employers must reimburse employees for cell phone expenses when the employees are required to use their personal cell phones for...more

Court protects privacy in ruling on warrantless searches of cellphones

Every now and then The Nine agree on something. Among the unanimous rulings the U.S. Supreme Court issued in the final stretch this year was Riley v. California, which held that law enforcement officials may not make a...more

Hold the cellphone! Who pays if it’s work?

In an August 19, 2014, Daily Journal article, Hold the cellphone! Who pays if it’s work?, Michael Newman writes about a recent California appellate opinion providing employers insight into how they should reimburse employees...more

Must Employers Reimburse Employees For Work Calls On Private Cell Phones?

In Cochran v. Schwan’s Home Service, Inc., the California Court of Appeal for the Second Appellate District dealt with the question of whether employers are required to reimburse employees for work-related calls made on their...more

The 21st Century Water Cooler: Discovery and Text Messages

Text messages, once the exclusive domain of teenagers and college students, are increasingly used in business communications. These communications are, unsurprisingly, also discoverable in a wide variety of litigation...more

FDA Draft Guidance Would Ease Regulatory Burdens for Certain mHealth Applications

On August 1, 2014, the Food and Drug Administration (FDA) released draft guidance that would exempt from premarket 510(k) review many low-risk medical devices--including certain mobile applications that can convert a cell...more

Patent Dispute Erupts Over Mobile Digital Recording Devices

Utility Associates, Inc. (“Utility”), a Delaware corporation with a place of business in Tucker, Georgia, filed a patent infringement action on June 12, 2014, against Digital Ally Inc. (“Digital”), a Nevada corporation...more

FTC Examines Pre-Download Consumer Disclosures of Mobile Shopping Applications; Makes Recommendations Applicable to All Consumer...

Continuing its examination of consumer protection issues in the mobile payments sphere, on August 1, 2014, the FTC released a staff report examining the pre-download disclosures of mobile shopping applications to evaluate the...more

Italian telecom authority seeks input on the Internet of Things

The Internet of Things (IoT) will enable devices to communicate and share data with one another and data to be combined and used across multiple applications. However, such applications also raise relevant legal issues. The...more

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