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Bossfight: Allstate Insurance enters the Right to Repair fight, loans its lobbyists to fight Apple

The Right to Repair movement got state legislatures to consider more than a dozen Right to Repair bills last year, and have made great strides in the EU and elsewhere, but for every two steps forward they manage, they're forced a step or two back by giant corporate lobbyists, led by Apple, who want to ensure that third parties can't repair products, and that a manufacturer's decision it's time to retire a product from the market won't be challenged by independent repair depots. Repair is a ...
Tags: Apple, Gadgets, Mobile, Post, Business, News, US, Insurance, Eu, Icracked, Allstate, Davids, Allstate Insurance, Right To Repair, SquareTrade, US PIRG


A Status Report on the California Consumer Privacy Act

Yesterday, I did a webinar for the California Lawyers Association on the status of the California Consumer Privacy Act (CCPA). This post recaps the discussion. A Quick Overview of the CCPA The CCPA imposes 6 new obligations on covered businesses: they have to make specified disclosures to consumers, provide consumers with a data erasure capacity, provide consumers with data portability, allow consumers to opt-out of data sales (or opt-in in the case of minors), and not discriminate against cons...
Tags: Apple, Facebook, Microsoft, Law, Congress, California, Washington, Sacramento, Los Angeles, Bloomberg, E-commerce, Palo Alto, San Diego, Privacy/security, AG, SCU


Morning Docket: 02.14.19

* Paul Manafort is the Energizer Bunny of lying and he'd now botched his own plea deal. [Huffington Post] * Apple attorney in charge of insider trading compliance charged with... insider trading. [Law360] * John Roberts declared himself the First Amendment's most passionate defender at the Supreme Court, which is absolutely true if you limit the First Amendment to political bribery and bigots with cake shops. [National Law Journal] * EU adopts new copyright law! It's... not good. [EFF] * The...
Tags: Apple, UK, Supreme Court, Law, America, Eu, Harvard, Courts, Affirmative Action, Huffington Post, Biglaw, Insider Trading, John Roberts, Proskauer, Energizer Bunny, Morning Docket


LawNext Episode 28: Cisco CLO Mark Chandler on Legal Department Innovation

For some two decades, Mark Chandler has been a leading voice for innovation and technology in the operation of legal departments and the delivery of legal services. Executive vice president and chief legal officer at technology giant Cisco, he has been the company’s top lawyer since 2001 and a member of its legal department since 1996, when Cisco acquired Stratacom, where he had been general counsel. In 2010, The National Law Journal named Chandler one of the 40 most influential lawyers of th...
Tags: Apple, Facebook, Law, Cisco, Executive, Chandler, National Law Journal, Bob Ambrogi, American Lawyer, Stratacom, Mark Chandler, LawNext


LawNext Episode 28: Cisco CLO Mark Chandler on Legal Department Innovation

For some two decades, Mark Chandler has been a leading voice for innovation and technology in the operation of legal departments and the delivery of legal services. Executive vice president and chief legal officer at technology giant Cisco, he has been the company’s top lawyer since 2001 and a member of its legal department since 1996, when Cisco acquired Stratacom, where he had been general counsel. In 2010, The National Law Journal named Chandler one of the 40 most influential lawyers of th...
Tags: Apple, Facebook, Law, Cisco, Executive, Chandler, National Law Journal, American Lawyer, Stratacom, Mark Chandler, LawNext


What’s New With Emoji Law? An Interview

I did an interview with Vanessa Blum of the Recorder about emoji law. It was first published here. The text: * * * Santa Clara University law professor Eric Goldman is an expert on internet speech. Lately, he’s been rather obsessed with a topic that most lawyers probably have never stopped to think about—the ways that emojis are creeping into court cases and how judges and litigants are dealing with them. Emojis can be difficult to interpret when they’re presented as evidence in a case, and tha...
Tags: Apple, Google, Law, Samsung, Goldman, Emojis, Santa Clara University, Eric Goldman, Vanessa Blum, Charney Hall


LawNext Episode 27: Founder Eric Elfman On Onit’s $200M Investment

We thought 2018 was a banner year for investment in legal technology companies. But then, less than two weeks into 2019, the year got off to a roaring start with news of a $200 million strategic investment in Onit, a Houston company that provides enterprise workflow products for legal management, contract management and business process automation. To discuss one of the largest investments ever in a legal technology company, cofounder and CEO Eric M. Elfman is our guest this week on LawNext. ...
Tags: Apple, Facebook, Law, New York City, Los Angeles, Houston, Wolters Kluwer, Eric Smith, Bob Ambrogi, Elfman, LegalWeek, K1 Investment Management, LawNext, Onit, Eric M Elfman, Eric Elfman


Spotify, eBay set standard for fertility benefits, study finds

The technology sector awards women and same-sex couples the most comprehensive fertility benefit packages, according to a survey by FertilityIQ, an online platform for fertility patients to review doctors and research treatments. The company asked 30,000 in vitro fertilisation (IVF) patients across industries about their employers’ — or their spouse’s employer’s’ — 2019 fertility treatment policy, and allocated points based on their support for IVF procedures and egg freezing, among other servic...
Tags: Apple, Health, Startups, Facebook, Spotify, Pinterest, Ebay, Insurance, Tech, Fertility, Vice Media, Silicon Valley, Sequoia Capital, Anderson, Armour, Analog Devices


Another Apple engineer accused of stealing autonomous vehicle secrets for China

For the second time in 6 months, the FBI is accusing a Chinese national engineer who worked for Apple of stealing Apple trade secrets related to self-driving cars, to help a China-based competitor. Michael Bott, NBC Bay Area: Apple began investigating Jizhong Chen when another employee reported seeing the engineer taking photographs in a sensitive work space, according to a federal criminal complaint unsealed this week. Chen, according to the complaint, allowed Apple Global Security employees ...
Tags: Apple, Post, Business, Technology, News, Mac, Law, China, Tech, US news, Fbi, Zhang, Chen, NBC Bay Area, Picks, Corporate Espionage


Apple cracks down on Facebook after it paid teens for access to their data

Program that enrolled users as young as 13 prompts Apple to ban Facebook from publishing some appsFacebook paid users as young as 13 to install an app that gave the company access to everything their phone sent or received over the internet. In response, Apple has revoked Facebook’s ability to publish certain apps, in a move that could have far-reaching implications for both companies.Facebook has been accused of exploiting a loophole in Apple’s privacy regulations to publish the iPhone app, whi...
Tags: Apple, Facebook, Technology, Media, Privacy, Social Networking, Children, Social Media, Society, World news, Digital Media


Lawyer Files Suit Over FaceTime Bug, Claims It Allowed Spying During Deposition

Only a quick payout from Apple can help with the mental anguish he's gone through because of this bug.
Tags: Apple, Technology, Law, Facetime, Small Law Firms, Depositions, Larry D. Williams II


Facebook paid 13-year-olds for access to all their internet data

Accusations that social media giant used privacy loophole could stoke conflict with AppleFacebook paid users as young as 13 to install an app that gave the company access to everything their phone sent or received over the internet.The company has been accused of exploiting a loophole in Apple’s privacy regulations to publish the iPhone app, which provided it with data it used to keep ahead of youth trends. Continue reading...
Tags: Apple, Facebook, Technology, Media, Privacy, Social Networking, Children, Social Media, Society, World news, Digital Media, AppleFacebook


LawNext Episode 26: Mark Cohen’s Strategies for the Global Legal Marketplace

Mark A. Cohen has long been ahead of the curve. After 25 years as an accomplished trial lawyer, he founded one of the first legal process outsourcing companies and then cofounded Clearspire, the groundbreaking two-company law firm and service provider that became the blueprint for a new generation of innovative legal services providers. Now, Cohen puts his experience to work as a legal business consultant, providing services and training to law firms, legal departments and other organizations...
Tags: Apple, Facebook, Law, Forbes, Mark Cohen, Cohen, Singapore Academy of Law, Bob Ambrogi, Northwestern University Pritzker School of Law, Clearspire, LawNext, LawNext Cohen


LawNext Episode 26: Mark Cohen’s Strategies for the Global Legal Marketplace

Mark A. Cohen has long been ahead of the curve. After 25 years as an accomplished trial lawyer, he founded one of the first legal process outsourcing companies and then cofounded Clearspire, the groundbreaking two-company law firm and service provider that became the blueprint for a new generation of innovative legal services providers. Now, Cohen puts his experience to work as a legal business consultant, providing services and training to law firms, legal departments and other organizations...
Tags: Apple, Facebook, Law, Forbes, Mark Cohen, Cohen, Singapore Academy of Law, Bob Ambrogi, Northwestern University Pritzker School of Law, Clearspire, LawNext, LawNext Cohen


An Analysis of Title I and Title III of The Music Modernization Act, Part 1 of 2 (Guest Blog Post)

Guest Blog Post by Tyler Ochoa On October 11, 2018, President Trump signed into law H.R. 1551, the Orrin G. Hatch-Bob Goodlatte Music Modernization Act, which became Public Law 115-264, 132 Stat. 3676.  It contains three titles pertaining to copyright law.  Title I is the Musical Works Modernization Act, or MWM Act, which revises the Section 115 compulsory license for musical works and establishes a new “mechanical licensing collective” to administer it.  Title II is the Classics Protection and ...
Tags: Apple, Law, Congress, Office, America, Copyright, United States, Ram, Cartoon Network, MMA, D, Trump, Ascap, Fed, Board, Copyright Office


Unsealed court documents reveal that Facebook knew kids were being tricked into spending thousands of dollars on their parents' credit cards

In 2012, Facebook settled a class-action suit with parents who claimed that their kids were being tricked into spending real money on game items, thinking they were spending virtual in-game currency; the parents said that Facebook had structured its system to allow kids to use their parents' credit cards without the parents' intervention, unlike competitors like Google and Apple, who required password re-entries when a card was re-charged for in-game purchases. When the case was settled, th...
Tags: Apple, Google, Facebook, Post, Business, Games, News, Parenting, Law, Michael, Gillian, Casino Capitalism, DeleteFacebook, Baby Whales, Nathan Halverson, Dan Hon Image


Lawmakers are pushing gadget manufacturers with the Right to Repair movement

The amount of electronics that we are throwing away each year is growing at an exponential rate, and this toxic trash is hazardous to both people and the planet. What are we supposed to do when our smartphones or other gadgets stop working? According to lawmakers in the United States and Europe, there is one option that should be available instead of getting rid of them— fixing them. Lawmakers in at least 18 states— and the European Parliament— believe that manufacturers should make it a priori...
Tags: Apple, Gadgets, Europe, Design, News, Microsoft, Electronics, Law, California, Virginia, Tech, Legislation, Smartphones, Earth, United States, Carbon Emissions


Fifth Circuit: Apple not liable for crash of driver reading texts

“The U.S. Court of Appeals for the Fifth Circuit has a rejected a products liability claim against Apple alleging that a woman’s neurobiological response to looking at a text message on her iPhone 5 while behind the wheel was the cause of a car crash that killed two people and paralyzed a child.” [John Council/Texas Lawyer, Tim Cushing/TechDirt; Meador v. Apple] Tags: Apple, cellphones, deep pocket, Fifth Circuit
Tags: Apple, Law, Uncategorized, Cellphones, Fifth Circuit, U S Court of Appeals for the Fifth Circuit, Deep Pocket, Meador, John Council Texas Lawyer Tim Cushing TechDirt


Here’s the Recording of My Guest Spot on the final episode of ‘This Week in Law’

I had the great pleasure to be a guest last week on the final episode of This Week in Law, the video podcast that Denise Howell has hosted for 12 years, most recently with cohosts Stefan Szpajda and Matt Curtis. If you missed the live broadcast, the recording is now available to view. This week’s episode, Odious Buffoons (no doubt a reference to the guest), was the show’s last. We rounded up a variety of topics in the news: including remix culture copyright, strangers may be watching your Ring v...
Tags: Apple, Google, Supreme Court, Law, Uncategorized, Bob Ambrogi, Denise Howell, Matt Curtis, Stefan Szpajda


Here’s the Recording of My Guest Spot on the final episode of ‘This Week in Law’

I had the great pleasure to be a guest last week on the final episode of This Week in Law, the video podcast that Denise Howell has hosted for 12 years, most recently with cohosts Stefan Szpajda and Matt Curtis. If you missed the live broadcast, the recording is now available to view. This week’s episode, Odious Buffoons (no doubt a reference to the guest), was the show’s last. We rounded up a variety of topics in the news: including remix culture copyright, strangers may be watching your Ring v...
Tags: Apple, Google, Supreme Court, Law, Uncategorized, Denise Howell, Matt Curtis, Stefan Szpajda


RIFs, WARN, OWBPA, Disparate Impact – An Alphabet Soup for a Future Downturn

In my prior post, I wondered aloud whether there were some rough waters ahead for employers.  Apple recently announced that it would not meet it’s earnings estimates in the first quarter of 2019, in part because of soft demand from China. Other companies are expected to announce some similar issues. Honestly, I’ve had enough conversations in the last few years with HR professionals who just haven’t lived through a major downturn. Think about this way: For anyone who joined the workforce since 20...
Tags: Apple, Layoffs, Law, China, Recession, Statistics, Class Actions, ADEA, Performance Review, Human Resources (HR) Compliance, Laws and Regulations, Discrimination & Harassment, Manager & HR Pro’s Resource Center, Owbpa, Reduction in Force, Rif


LawNext Episode 25: Using AI to Enhance Virtual Receptionists, with Smith.ai

 What do you get if you combine a virtual receptionist service with artificial intelligence? Spoiler alert: The answer is not robots answering the phone. Rather, the folks at Smith.ai say the combination results in a superior receptionist service for both live calls and website chat. By incorporating AI, they say, their service continually gets smarter as it comes to know your practice and your clients. On this episode of LawNext, I speak with Smith.ai’s Justin Maxwell, cofounder and chief ...
Tags: Apple, Google, Facebook, Law, Maxwell, Silicon Valley, Smith, Justin Maxwell, Martin, Bob Ambrogi, LawNext, Maddy Martin, Google Apple Mint Intuit Sony


LawNext Episode 25: Using AI to Enhance Virtual Receptionists, with Smith.ai

 What do you get if you combine a virtual receptionist service with artificial intelligence? Spoiler alert: The answer is not robots answering the phone. Rather, the folks at Smith.ai say the combination results in a superior receptionist service for both live calls and website chat. By incorporating AI, they say, their service continually gets smarter as it comes to know your practice and your clients. On this episode of LawNext, I speak with Smith.ai’s Justin Maxwell, cofounder and chief ...
Tags: Apple, Google, Facebook, Law, Maxwell, Silicon Valley, Smith, Justin Maxwell, Martin, LawNext, Maddy Martin, Google Apple Mint Intuit Sony


LawNext Episode 24: Making Legal Research Better, with Judicata Founder Itai Gurari

With Judicata, Itai Gurari believes he has built a better legal research platform. A lawyer and computer scientist, his approach to designing a legal research engine was to first “map the legal genome” — that is, map the law with extreme accuracy and granularity. The result is a research engine that returns the best results the fastest, he says. Gurari and his company also built Clerk, a tool that analyzes the strengths and weaknesses of legal briefs — like moneyball for motions, he says. “...
Tags: Apple, Google, Facebook, Law, Paypal, Peter Thiel, Aaron Levie, Bob Ambrogi, Judicata, Itai Gurari, Dylan Smith Judicata, LawNext, Making Legal Research Better, Judicata Itai Gurari, Gurari, TraceLaw


LawNext Episode 24: Making Legal Research Better, with Judicata Founder Itai Gurari

With Judicata, Itai Gurari believes he has built a better legal research platform. A lawyer and computer scientist, his approach to designing a legal research engine was to first “map the legal genome” — that is, map the law with extreme accuracy and granularity. The result is a research engine that returns the best results the fastest, he says. Gurari and his company also built Clerk, a tool that analyzes the strengths and weaknesses of legal briefs — like moneyball for motions, he says. “...
Tags: Apple, Google, Facebook, Law, Paypal, Peter Thiel, Aaron Levie, Judicata, Itai Gurari, Dylan Smith Judicata, LawNext, Making Legal Research Better, Judicata Itai Gurari, Gurari, TraceLaw, LawNext Gurari


2H 2018 Quick Links, Part 1 (Copyright)

* Capitol Records LLC v. ReDigi, Inc., No. 16‐2321 (2d Cir. Dec. 12, 2018): “ReDigi version 1.0’s process for enabling the resale of digital files thus inevitably involves the creation of new phonorecords by  reproduction, even if the standalone digital file is deemed to be a 2 phonorecord.  As for the argument that, as ReDigi copies a packet of data, it deletes the equivalent packet in the user’s device so that the amount of data extant in the transfer process remains constant, this does not re...
Tags: Apple, Amazon, Law, Youtube, Ebay, Wikipedia, Trust, Court, Copyright, Johnson, Viacom, Bmg, Gray, Hearst, CBS Corporation, Perry


LawNext Episode 23: Dan Rodriguez on Innovating Law and Legal Education

Our guest this week on LawNext is Daniel B. Rodriguez, who recently stepped down as dean of Northwestern University’s Pritzker School of Law, where he gained wide recognition for his work to innovate legal education, and recently stepped up to become chair of the governing council of the ABA Center for Innovation, which focuses on improving the affordability, effectiveness, efficiency, and accessibility of legal services. Rodriguez was dean at Northwestern Law from 2012-2018 and now serves on...
Tags: Apple, Facebook, Law, Harvard Law School, Harold Washington, Rodriguez, University of San Diego School of Law, University of Texas Austin, Stanford Law School, Bob Ambrogi, Association of American Law Schools, Northwestern Law, Daniel B Rodriguez, Dan Rodriguez, LawNext, Northwestern University 's Pritzker School of Law


LawNext Episode 23: Dan Rodriguez on Innovating Law and Legal Education

Our guest this week on LawNext is Daniel B. Rodriguez, who recently stepped down as dean of Northwestern University’s Pritzker School of Law, where he gained wide recognition for his work to innovate legal education, and recently stepped up to become chair of the governing council of the ABA Center for Innovation, which focuses on improving the affordability, effectiveness, efficiency, and accessibility of legal services. Rodriguez was dean at Northwestern Law from 2012-2018 and now serves on...
Tags: Apple, Facebook, Law, Harvard Law School, Harold Washington, Rodriguez, University of San Diego School of Law, University of Texas Austin, Stanford Law School, Association of American Law Schools, Northwestern Law, Daniel B Rodriguez, Dan Rodriguez, LawNext, Northwestern University 's Pritzker School of Law, ABA Center


Thursday round-up

Briefly: At CNBC, Tucker Higgins reports that “Justice Brett Kavanaugh has only been on the bench for two months, but a controversial decision announced this week has abortion opponents starting to worry that he may not be the ally on the high court that they expected.” Lyle Denniston reports at Constitution Daily that “[a] group of Maryland Republican voters, claiming that they were penalized for supporting their party’s candidates in the polling booth, asked the Supreme Court on Tuesday to ma...
Tags: Apple, Florida, Maryland, Supreme Court, Law, Montana, America, West Virginia, Pepper, United States, North Carolina, Cnbc, Round-up, Lyle Denniston, Greenwire, Gamble


Issue Preclusion Following a R.36 Jugdment

by Dennis Crouch VirnetX Inc. v. Apple Inc., (Fed. Cir. December 10, 2018) The PTAB sided with Apple in the underlying IPR proceedings, finding that VirnetX patent claims were obvious. U.S. Patent No. 8,504,696 (claims 1–11, 14–25, and 28–30).  On appeal, the Federal Circuit has refused to consider the patentability merits — rather holding that the appeal is barred by issue preclusion (collateral estoppel). Issue preclusion involves two separate legal actions — and operates to bar a party from r...
Tags: Apple, Law, Patent, Fed, IETF, Federal Circuit, IPR, Dennis Crouch, PTAB, Apple Inc Fed, VirnetX Inc, Citing Phil Insul Corp, Airlite Plastics Co, Other Federal Circuit



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