Smartphones

News & Analysis as of

FTC settles case against Vulcun for installing apps on users’ phones without permission

On February 5, 2016, the Federal Trade Commission (FTC) announced that it has agreed to settle its case against Vulcun alleging that it “unfairly replaced a popular web browser game with a program that installed applications...more

Will Wearable Technology Be a Boost To Enterprise Security?

Shiran Kleiderman of K2 Intelligence looks at how wearable technology and the Internet of Things can help boost enterprise security, when done right...more

Apple (Finally) Enjoins the Sale of (Obsolete) Samsung Phones

In the latest development in the patent skirmishes between Apple and Samsung, on Monday, January 18, 2016, U.S. District Court Judge Lucy Koh of the Northern District of California entered a permanent injunction barring...more

Swisscanto v. Blackberry: What constitutes a “public correction” for the purpose of secondary market misrepresentation class...

In Swisscanto v. Blackberry(“Swisscanto”), the Ontario Superior Court of Justice considered, for the first time, what constitutes a “public correction” of an alleged misrepresentation in a secondary market securities class...more

Could Recorded Medical Procedures Be in the Future of Medical Malpractice Investigation and Prevention

Smartphones are everywhere these days, it seems, and more and more individuals are using them to record interactions with doctors. Many might remember a case in June of 2015, when a Virginia man was awarded $500,000 after...more

Federal Circuit Revised Injunction Decision To Emphasize Patented Feature Being One Of Several That Drive Purchasing Decision...

Last week, the Federal Circuit denied en banc review by the entire court of the three-judge panel decision in the Apple v. Samsung case that had revived the ability to obtain injunctive relief against multiple component...more

Smartphone Wars – The Supreme Court Awakens: Samsung Files Petition for Certiorari in New Hope to Harmonize Design Patent Law

On December 14, 2015, in the latest episode of the smartphone wars, Samsung filed a petition for certiorari with the Supreme Court. Samsung is appealing a Federal Circuit decision that upheld a $399 million judgment against...more

Samsung Seeks an Edge in Smart Phone Wars through Federal Registration

For years, Samsung and Apple have battled over intellectual property rights associated with each party’s smart phones. Apple sued Samsung in 2011 and the jury found that Samsung had infringed Apple’s trade dress, design...more

EIOPA reports on consumer protection in mobile phone insurance

EIOPA has published its report on consumer protection issues arising from the sale of mobile phone insurance (MPI). It analyses sales practices involved in this type of insurance product, providing coverage against loss or...more

Federal Court in Illinois Finds No Overtime Due to Police For Off-Duty Use of BlackBerrys

The U.S. District Court for the Northern District of Illinois ruled in the City of Chicago’s favor on December 10, 2015, denying police officers’ claims that they were owed overtime pay for their off-duty use of work-issued...more

So What About Those “BlackBerry Claims” We’ve Been Worried About?

BlackBerry devices may be a thing of the past; but smartphones–and their ability to allow employees to be constantly connected–certainly aren’t going away any time soon. On Thursday, a judge in the Northern District of...more

Third Circuit Gives TCPA Autodialer Plaintiffs Staying Power

The U.S. Court of Appeals for the Third Circuit recently became the first federal appellate court to apply the Federal Communications Commission’s declaratory ruling that expanded the notion of what constitutes an...more

Wisconsin District Court Extends Stay in TCPA Case Pending Judicial Review of FCC Order

In Gensel v. Performant Technologies, Inc., No. 13-C-1196, 2015 WL 6158072, (E.D. Wisc. Oct. 20, 2015), the U.S. District Court for the Eastern District of Wisconsin granted Performant Technologies, Inc.’s (“Performant”)...more

2015 DMCA Exemptions In Detail: When Is It OK to Technologically Circumvent Copyright Protections?

On October 28, 2015, the LOC reported a new set of regulations regarding exemptions to the DMCA provision that prohibits circumvention of technological measures that control access to copyrighted works. Here's a summary of...more

Mobile Location Analytics: Changing the Game for Brick and Mortar Retail

For brick-and-mortar retailers, smart phones have taken on an entirely new role in customers’ shopping experiences. A technology known as "mobile location analytics" ("MLA") or sometimes, "indoor analytics," gives brick and...more

Road Work Ahead: Automobiles and Augmented Reality

With still about a week left to go, Hudway’s Kickstarter campaign, which began last Wednesday for its augmented reality vehicle accessory, already has over 6,500 backers pledging more than $450,000—several times its initial...more

Privacy Tip #7 – Who is listening to your conversations through your smartphone microphone?

I’ve always known that my smartphone had a microphone. If nothing else, it obviously has to be used for the Shazam app so I can figure out the name of that great song. So that is the only time I use the microphone on my...more

Choosing The Right Entertainment Industry Work Visa

As smartphone recording capabilities and the popularity of social media help entertainers reach wider audiences around the world, entertainers who wish to come to the United States to perform are, paradoxically, finding it...more

Advertising Law - October 2015 #4

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

Google Mandates Full Disk Encryption

With the release of Android 6.0, code name Marshmallow, Google has mandated that OEMs (Original Equipment Manufacturers) enable full disk encryption. Google is requiring that the feature be enabled as part of the ‘out of box...more

California Enacts More Sweeping Data Privacy Laws

Perennially leading the country — and challenging companies to keep up — California has, for the third time in three years, enacted several new data laws, including a groundbreaking digital privacy law and amendments to its...more

New California Law Expands Privacy Rights Applicable To Electronic Data

On October 8, 2015, California Governor Jerry Brown signed into law the California Electronic Communications Privacy Act (“CalECPA” or the “Act”), sponsored by Senator Mark Leno (D-San Francisco). The Act requires law...more

The Paradox of Cell Phones: When the Convenience of Digital Communication becomes Inconvenient

These days, you will be hard pressed to find anyone without a cell phone in their possession. Not surprisingly, those cell phones often capture someone at their best and, at times, their worst moments. As Judge Lawrence R....more

Texting, Distractions, & the Law

The safe operation of a motor vehicle requires constant attention to the road and driving conditions. For this reason, the State of Illinois has passed several laws that prohibit the use of cell phones, tablets, and other...more

Virtual reality lets fans play games — just like the pros

The roar. The bright lights. The scoreboard telling you it’s now or never. This is your time. You gotta tune it all out. Because it’s not about the lights and it’s not about the scoreboard. It’s about you. And the ball. It’s...more

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