News & Analysis as of

Smartphones Mobile Devices

Smartphone Malware Up 400% in 2016

Here’s some more good news. Not really. According to a recent report by Nokia, malware infections against mobile devices were at an all- time high in 2016. Infections on smartphones rose almost 400 percent and...more

Presentation Matters When Seeking to Compel Arbitration in Consumer Class Actions

by Polsinelli on

A pair of recent opinions proves that when it comes to compelling arbitration in a consumer class action, presentation of the arbitration clause may matter more than favorable Supreme Court precedent. First, in Norcia v....more

Samsung Shut Out Of Arbitration In Recent Consumer Class Actions

Two federal circuit courts of appeals have recently found that documents Samsung included in boxes with consumer products did not effectively create an arbitration agreement. In both cases, the documents had titles...more

Texting and Driving – The Evolving Theories of Liability

Distracted driving has become one of the leading causes of motor vehicle accidents and fatalities in the United States. In 2014 alone, Pennsylvania saw more than 13,964 crashes involving a distracted driver, including 49...more

Data Breach Involving CloudPets “Smart” Toys Raises Internet-of-Things Security Concerns

On February 27, 2017, news reports disclosed a major security breach involving Spiral Toys, the seller of the CloudPets brand of internet-connected stuffed animals. The Bluetooth-connected CloudPets toys allow users to...more

The Truth in Mac Security

For decades, it has been assumed that MacBook and iPhone devices are hack proof and virus free. Their advertisements and claims for being indestructible were never questioned. Yet, nothing is truly immune to intrusion....more

Ninth Circuit Affirms Orders Denying Arbitration In Two Class Action Lawsuits Against Samsung

by Carlton Fields on

The Ninth Circuit issued two similar opinions arising out of Samsung’s appeals of orders denying arbitration in two putative class actions filed against it. The claims against Samsung allege that the smartphone maker...more

Privacy Tip #74 – What to Do About Customs and Border Patrol

There has been lots of talk about the ripple effects of the Trump travel ban. But here’s a new twist I hadn’t heard before—U.S. Customs and Border Control (CBP) agents are detaining U.S. citizens and requiring them to unlock...more

The right to disconnect: a new right for French employees?

A new law, called El Khomri law, passed on August 8th, 2016 in France providing a right to disconnect for employees. Such right is entered into force on January 1st, 2017 - According to the law, it belongs to the...more

Indianapolis Colts Want Class Action on Recording Conversations Moved to Home Stadium

The Indianapolis Colts mobile app is alleged by a putative class to record fans’ private conversations. In the putative class action, the named plaintiff alleges that the mobile app secretly activates the smart phone’s...more

New Lawsuits Challenge Qualcomm’s Allegedly Anticompetitive Patent Practices

by Perkins Coie on

The Federal Trade Commission filed suit last week in federal court against Qualcomm, Inc., following its investigation launched in September 2014. The FTC alleges that the semiconductor manufacturer illegally maintained a...more

Ninth Circuit: In-Box Arbitration Clause Not a Binding Contract

by Ballard Spahr LLP on

Adding more complexity to the issue of arbitration contract formation, the Ninth Circuit has rejected Samsung's attempt to compel individual arbitration of fraud claims asserted by plaintiffs in two class actions. Ruling in...more

NHTSA Pushes For Smartphones to Incorporate Automatic Pairing and Driver Mode in New “Guidelines”

by K&L Gates LLP on

New guidelines proposed by the National Highway Traffic Safety Administration (“NHTSA”) earlier this month would encourage manufacturers of a variety of portable electronic devices to include technologies aimed at combating...more

New Textalyzer App May Eliminate Distracted Driving

by Howard Ankin on

New York lawmakers have proposed to give police officers a new device called a Textalyzer to help reduce the high number of distracted driving accidents that result in serious injuries and fatalities. In Chicago, a car...more

International Cellular Roaming – Am I Secure?

Many firms have strict international travel policies in relation to the use of technology. These policies tend to be more skewed towards countries with greater state control over communications networks and specifically the...more

Privacy Tip #61 – Beware of Fake Apps that are Gearing Up for the Holiday Season

The New York Times reported last week that “hundreds of fake retail and product apps have popped up in Apple’s App Store in recent weeks”—just in time to deceive holiday shoppers....more

A Selfie’s Worth a Thousand Dollars

by Robins Kaplan LLP on

A picture might be worth a thousand words, but could it also be worth a thousand dollars? New technology by MasterCard and Amazon may mean that the new hammock you’ve been eying online is only a camera flash away....more

High Tech Way to Prevent Texting While Driving

by Howard Ankin on

Technology can disable cell phone use while driving, which could prevent many texting-related accidents. Illinois law prohibits the use of all hand-held devices while operating a motor vehicle. Calls, texts, and browsing the...more

Practical Implications from the Federal Circuit’s Rare en Banc Reversal in Apple v. Samsung

by K&L Gates LLP on

In a precedential opinion issued en banc on Friday, October 7, 2016, the Federal Circuit overturned a panel decision, affirming and reinstating the district court’s judgment and the jury’s verdict. The majority opinion...more

Cell Phones at the Workplace: Protecting Employee Safety

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As OSHA’s enforcement relating to employee cell phone use gains more notoriety, it can be expected that it will have a significant collateral impact on law enforcement at all levels to address this hazard....more

Encryption: Ensuring the Right to Privacy in the Information Age?

by LeClairRyan on

On December 2nd, 2015, a tragic mass shooting occurred in San Bernardino, California. The attack resulted in 14 deaths and severe injuries to 22 others. The attackers, a married couple, targeted the husband’s workplace – the...more

Privacy and The Cell Phone: Arizona Says Yes

by Snell & Wilmer on

Arizona recently recognized a “legitimate expectation of privacy” in cell phones. The case was State v. Peoples, and the opinion was issued on September 12, 2016. The Peoples case was about the police’s search of a cell...more

New FCC and Administration Initiatives Adopted to Support the Internet of Things

by Perkins Coie on

The Federal Communications Commission and the Obama administration recently adopted several important initiatives to facilitate innovation in and rapid deployment of the nascent Internet of Things (IoT). The FCC identified...more

12-year-old Awarded Patent for Human-Powered Generator

by Cohen & Grigsby, P.C on

What started as a science fair project for then 12-year-old George Panousis of Penn Hills has led to a patent two years later. With the help of his father and Lisa Geary of Cohen & Grigsby’s intellectual property group,...more

Mobile Apps - Has the Marketplace Downloaded Potential Product Liability Risk?

by Wilson Elser on

For many consumers, it is hard to remember performing a daily routine without using a mobile application. App usage starts almost immediately - with a morning alarm that wakes you up slowly or with a coffee waiting for you at...more

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Cybersecurity

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