European Commission Fines Facebook US$122 Million for Providing Inaccurate Information in WhatsApp Merger Review

The European Commission has imposed a fine of EUR110 million (US$122 million) on Facebook for providing misleading or incorrect information to the European Commission when it filed the acquisition of WhatsApp for merger approval in 2014. In the notification, Facebook stated that it would be unable to establish a reliable automated matching between Facebook users’ accounts and WhatsApp users’ accounts. View Full Post
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Divided FCC Begins Proceeding to Revise Internet Oversight Policy, Reverse Many “Open Internet Order” Decisions

On May 18, 2017, at the Federal Communications Commission’s (“FCC” or “Commission”) May Open Meeting, the Commission adopted, on a two-one vote, a notice of proposed rulemaking (“NPRM”), titled “Restoring Internet Freedom,” that would negate and replace the Commission’s 2015 Open Internet Order, which the NPRM refers to as the “Title II Order.”  This action begins a process that re-ignites differences between the Republicans and lone Democrat on the Commission, and signals that the effort to repeal the rules will be bumpy.  View Full Post
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Latest Ransomware Attack: Is Your Arbitration Cyber-ready?

By | Latham.London | May 18, 2017
The latest global ‘WannaCry’ attack has again brought to the fore the need for sovereign and private parties to have in place adequate cyber-security measures and response plans to deal with cyber-attacks, including in the context of international arbitration.  As attackers are becoming increasingly resourceful in their ability to exploit vulnerabilities, it is critical that participants in arbitration play their part in mitigating against this type of risk, particularly where sensitive information is involved and large sums are at stake. View Full Post
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Brexit – Squaring the Circle and Involving the European Court of Justice

Clash of Philosophies: There is a potentially irreconcilable clash of constitutional philosophies between the UK and the EU which results in certain “no go” areas on the EU side for the forthcoming Brexit negotiations…2) Perspective of the EU27: The EU27’s approach is driven by the perception that the European Union is not merely representative of a negotiable bundle of international trade treaties but is a supranational entity based on and subject to a constitution created by the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). View Full Post
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The Retail Squeeze- the Story of 2017 So Far

With Christmas a distant memory, Easter and the first quarter of 2017 behind us and summer and a General Election just around the corner, how are UK retailers shaping up? You will be aware that 2016 saw many well-known retailers fall upon hard times, not least BHS amidst great controversy, Austin Reed the office-wear retailer and Brantano the value shoe maker (to name just a few) each entering administration. View Full Post
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New EASA Consultation: Are Drone Pilots Heading for a Period of Regulatory Turbulence?

On 12 May 2017 the European Aviation Safety Agency (“EASA“) opened a consultation into sweeping new regulations on the operation of unmanned aircraft systems (“UAS” or drones) in European airspace. Individuals and companies that are interested in the future of UAS operations in the European Union (“EU”) should carefully review the Notice of Proposed Amendment and consider participating in the review process by submitting comments and letting EASA know their views on all aspects of the proposed regulations. View Full Post
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Key Trends in Pharmaceutical IPRs Filed by Generic Petitioners

We reviewed a sub-group of two hundred and four (204) IPRs filed by generic drug companies against pharmaceutical patents to assess PTAB outcomes and key trends in dealing with this technology field. The survey captured IPR filings by fourteen (14) of the most active generic petitioners among the world’s top-20 generic drug companiesView Full Post
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WannaCry Ransomware Attack: What Happened and How to Address

Recently, a widespread global ransomware attack has struck hospitals, communication, and other types of companies and government offices around the world, seizing control of affected computers until the victims pay a ransom.  This widespread ransomware campaign has affected various organizations with reports of tens of thousands of infections in as many as 99 countries, including the United States, United Kingdom, Spain, Russia, Taiwan, France, and Japan.  View Full Post
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