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EU court rejects challenge to cell phone cap

LUXEMBOURG - (AP) The European Union's highest court rejected a challenge Tuesday by four British cell phone companies to a Europe-wide price cap on fees for using a phone abroad. The British branches of Vodafone, Telefonica O2, T-Mobile and Orange had argued against the EU's imposing maximum...

Year in Review – Employment Law Changes for Employers in 2010

2010 marked several significant changes to federal and state laws affecting employers. The following are key changes that happened in 2010 in Oregon, Washington, and California and what employers need to do to follow these new laws as well as the recent health care reform legislation. All States...

Ramifications of Distracted Driving and Fleet Risk Management

By Rebecca Shafer, LowerWC.com Amaxx Risk Solutions, Inc. May 25, 2011 Do workers compensation laws need to be revised to exclude people who cause injury to themselves and others when driving distracted? And, how do employers manage this risk? As of today, a Google search showed 32 states...

McDermott Will & Emery: Employer-Provided Cell Phones May Generally Be Treated as Nontaxable Fringe

By Ralph E. DeJong , Michael N. Fine and Ira B. Mirsky The Internal Revenue Service recently issued a notice specifying that the business and personal use of an employer-provided cell phone, or other similar telecommunications equipment ( e.g. , PDAs and BlackBerrys), will generally be treated...

Google’s Patent Grab Invokes the Old Nuclear Doctrine “Mutual Assured Destruction”

As reported by Mashable , Google recently acquired 217 patents from IBM. The patent acquisition might look developmental, but just as likely, it's a defensive move intended to build up its patent warheads in defense of trolls or other IP giants (e.g., Apple). Time to drag out some nuclear verbiage...

Judge Posner Expresses Software Patent Doubts after Apple/Motorola Dismissal

Richard Posner, the U.S. judge who recently squashed Apple Inc.'s smartphone battle with Motorola Inc., has doubts regarding the applicability of patents to software. According to a story in the Chicago Tribune , Posner noted that smartphones have thousands of features, with all of them having...

HTC Beats Apple Smartphone Patent Claims in UK Court

As reported by Law360 , the UK's High Court of Justice on Wednesday found that certain European smartphone patents owned by Apple are either invalid or not infringed by HTC, Asia's second-largest smartphone maker. HTC was absolved of allegations that it infringed Apple's slide-to-unlock...

LG Electronics Accused of Infringing Smartphone Touch-Screen Patents

On Monday, Touchscreen Gestures filed suit against LG Electronics, alleging that LG's smartphones and tablets infringe touch-screen technology patents. In its complaint , Touchscreen accuses LG of infringing U.S. Patent Nos: 7,184,031 , entitled "Method and Controller for Identifying...

LexisNexis Mobile Solutions for Patent Practitioners

View mobile solutions from LexisNexis here or click the image below. View mobile solutions from LexisNexis here or click the image above. .... Sign in with your Lexis.com ID to access Patent Law resources on Lexis.com or any of these Mathew Bender Patent Law publications. Click here to...

Sallie Mae Reaches $24 Million Settlement In Telephone Debt Collection Class Action

SEATTLE - (Mealey's) Student loan borrowers and a subsidiary of SLM Corp. on Sept. 17 agreed to settle claims that the subsidiary violated the Telephone Consumer Protection Act (TCPA) by making a number of non-emergency autodialed calls and/or automated text messages to the borrowers' cellular...

Ohio: Termination for Violating Company’s Policy Against Cell Phones in Work Area Results in Denial of Additional TTD Benefits

Where an employee knowingly violated a company rule prohibiting employees from taking cell phones into the work area, her termination for the violation disqualified her from receiving temporary total disability benefits for an earlier, work-related injury since her actions amounted to a voluntary abandonment...

New Jersey Supreme Court: Cell Phone Users Have Privacy Interest In Cell Phone Location Information

The New Jersey Supreme Court has ruled that police cannot access the location information revealed by your cell phone without first acquiring a warrant based on probable cause. In State v. Earls , [ enhanced version available to lexis.com subscribers ], police were investigating a string of burglaries...

Smartphone Theft Prevention Act Clears First Committee Vote

Legislation that requires all smartphones and tablets sold in California to come pre-equipped with theft-deterring technology that will render stolen devices useless has passed its first committee vote in the California Senate. Senate Bill 962, [ enhanced version available to lexis.com subscribers ]...

Smartphone Theft Legislation Passes California Senate

SB 962 Requires All New Smartphones Sold in California to Come Pre-Equipped With Theft-Deterring Technology The California Senate has passed legislation that requires all smartphones sold in California to come pre-equipped with theft-deterring technological solutions to render the device useless if...

Supreme Court Prohibits Warrantless Cell Phone Searches Incident to Arrest: While the Fourth Amendment Remains Invariant, Technology Alters the Facts and Legal Conclusions

By David Bender The reduced expectations of privacy caused by an arrest do not mean the Fourth Amendment, [ enhanced version available to lexis.com subscribers ], no longer applies. The United States argued that a search of all data stored on a cell phone is materially indistinguishable from searches...

Jay Shapiro on Riley v. California and United States v. Wurie: Supreme Court Determines Legality of Cell Phone Searches Incident to Arrest

In Riley v. California and United States v. Wurie, ( David Leon Riley v. State of California , No. 13-132, United States v. Brima Wurie , No. 13-212, U.S. Sup.; 2014 U.S. LEXIS 4497) [lexis.com subscribers may access Supreme Court briefs and the opinion for this case], the US Supreme Court has issued...

Ballard Spahr LLP: Calif. Law Does Not Bar Recording of Cell Phone Calls by Participants, Federal Court Rules

By the Consumer Financial Services Group A California federal court recently ruled that the state’s call recording statute does not apply to cell phone call participants. This decision should help companies that record consumer calls for monitoring purposes defeat class actions brought under...