Top all-time · #3134
Welcome to WilmerHale
Company blog · wilmerhale.com/en/insights/blogssecuritybusiness
Welcome to WilmerHale is the company blog at wilmerhale.com, writing about security and business. Since 2010, 25 different Hacker News readers have linked it 25 times. No feed was found, so read it on the site itself.
Too few sampled comments (20) to say how often HN recommends it.?
Why HN links it
HN commenters link WilmerHale's law-firm publications as legal sources on implied patent licences, laches, deep linking, online contract terms, CFAA and FCC franchising. They cite them as references rather than judging the writing.
Summarised by Claude from a sample of 20 HN comments that link here. Each comment is marked recommending, critical or neutral (citing without judging); how this works.
WilmerHale provides global legal representation across a comprehensive range of industry and practice areas that are critical to our clients’ success.
Most-linked posts?
- /en/solutions/labor-and-employment2 people · 2 mentions · first linked 2021-07-29
- /pages/publicationsandnewsdetail.aspx?NewsPubId=955352 people · 2 mentions · first linked 2017-09-22
What Hacker News says?
Do they have an agreement with the local city, or is it a natural monopoly? It's unclear what causes that condition of a lack of choices in a given area. https://www.wilmerhale.com/pages/publicationsandnewsdetail.a... (March 5, 2007) >In streamlining the franchising process and preempting (Local Franchising Agency) LFAs from taking action inconsistent with its reforms, the FCC relied primarily on its statutory autho…
Comment linking /pages/publicationsandnewsdetail.aspx?NewsPubId=90848
on “F.C.C. Repeals Net Neutrality Rules”Submitted The 4th Amendment Moves to the Cloud: Chatrie and the Future of Digital Privacy as a story · 1 points
HN discussionTo quote a comment in a similar thread, apparently there's such a thing as an implied patent license: Implied patent licenses: https://www.wilmerhale.com/pages/publicationsandnewsdetail.a... . https://copyleft.org/guide/comprehensive-gpl-guidech7.html Basically, if you sell or license a product that requires a patent to work, courts have generally held that you grant an implied patent license for any patents that th…
Comment linking /pages/publicationsandnewsdetail.a..
on “Relicensing React, Jest, Flow, and Immutable.js”Submitted FTC Set to Flex Its Rulemaking Authority (2021) as a story · 1 points
HN discussionImplied patent licenses: https://www.wilmerhale.com/pages/publicationsandnewsdetail.a... https://copyleft.org/guide/comprehensive-gpl-guidech7.html Basically, if you sell or license a product that requires a patent to work, courts have generally held that you grant an implied patent license for any patents that the product might require. If you explicitly reference patents within the license, however, then whatever…
Comment linking /pages/publicationsandnewsdetail.aspx?NewsPubId=95535
on “Relicensing React, Jest, Flow, and Immutable.js”Submitted Covid-19: Work-from-Home/Shelter-in-Place Orders/Issues/Trends Entering Month 2 as a story · 1 points
HN discussionIt's actually the other way around, as I understand it. This is one area in which patent law and copyright law differ noticeably. Due to the way implied patent licenses work, if Facebook distributes React without explicit restrictions or conditions, they're automatically granting a license to any patents that are inherently infringed by React itself. This is a pretty well-established area of US patent law, see e.g.…
Comment linking /pages/publicationsandnewsdetail.aspx?NewsPubId=95535
on “React 16”Submitted Support Builds for Export Controls on Cyber Monitoring Technologies (2013) as a story · 1 points
HN discussionFunny that WilmerHale has diversity and inclusion as a "principle" while they actively undermine others and are paid to do so. >"Our commitment to diversity and inclusion starts at the top and cascades throughout the firm. WilmerHale is one of very few AmLaw 100 firms with a woman co-managing partner, and part of an even smaller number of such firms that have had both a woman and a person of color as a co-managing p…
Comment linking /en/about/diversity-and-inclusion
on “Activision Blizzard Hires Notorious Union-Busting Firm WilmerHale”Their own website lists one of their areas of expertise as "advising on union awareness and avoidance" https://www.wilmerhale.com/en/solutions/labor-and-employment Under "Executive and Workforce Training" tab
Comment linking /en/solutions/labor-and-employment
on “Activision Blizzard Hires Notorious Union-Busting Firm WilmerHale”Is Bloomberg sufficient?[1] Perhaps straight from the horse's mouth?[2] Or is the issue more with the claim they're a union-busting law firm? Because they even basically claim that on their website.[3] That said they otherwise look like not a terrible choice though as with all things like this the optics to something like this are incredibly sensitive. [1]: https://news.bloomberglaw.com/business-and-practice/activis…
Comment linking /en/solutions/labor-and-employment
on “Activision Blizzard Hires Notorious Union-Busting Firm WilmerHale”> "At WilmerHale 1st year counsel makes $350,000. The 24 year old 1st year summer associate still in law school walks into the office in a $1,500 Burberry suit and makes $202,500 that year. Those Amazon workers they swindled out of higher wages make less than $30,000 a year." The 200k figure is for a first-year associate who has graduated and passed the bar exam [1]. It's interesting to me that you can only hope to…
Comment linking /en/careers/lawyers/entry-level-or-lateral-attorneys
on “Activision Blizzard Hires Notorious Union-Busting Firm WilmerHale”Just to make certain put a button that says "I agree" next to a link to the T+Cs. >According to the court, DeJohn's claim that he did not read those terms was >irrelevant because, absent fraud (which was not alleged), "failure to read a >contract is not a get out of jail free card." https://www.wilmerhale.com/en/insights/publications/click-wr...
Comment linking /en/insights/publications/click-wrap-agreement-found-not-to-be-an-unenforceable-adhesion-contract-april-25-2003
on “Debunking Cloudflare’s recent performance tests”People keep saying that their financials are terrible, but last I checked they were killing on Revenue [1] compared to the average IPO [2]. Especially if you consider that average revenues at IPO have been steadily dropping since 2012. Average IPO revenue 2015: $38M SNAP revenue 2015: $58M SNAP revenue 2016: $350M Add to the fact that in 2015 on 30% of IPO companies were profitable, they seem to be well within marke…
Comment linking /uploadedFiles/Shared_Content
on “Snap Tumbles Below IPO Opening Price as Analysts Say Sell”I've made similar comments. That statement is in the International Labour Organization's founding documents, and it almost made it into the UN Charter. The US forced it into Germany's postwar law. Here's a summary of worker's rights in Germany.[1] [1] https://www.wilmerhale.com/pages/publicationsandNewsDetail.a...
Comment linking /pages/publicationsandNewsDetail.aspx?NewsPubId=90463
on “Reports Coming in of Big IBM Layoffs Underway in the U.S.”This is a ruling by a District Court. It could be appealed to the Circuit Court, and then to the Supreme Court. In the federal court system, District Court decisions are not binding precedent. Circuit Court decisions bind the District Courts in their circuit, and Supreme Court decisions bind all lower courts. This District Court is in the Second Circuit. Another District Court in the same Circuit made a similar deci…
Comment linking /insights/client-alerts/20231115-outlier-or-trend-a-possible-narrowing-of-the-border-search-exception-for-electronic-devices
on “Courts Close the Loophole Letting the Feds Search Your Phone at the Border”This would make sense to me if they had a decent business. But they are currently losing money hand over fist [1]. If they stabilize as is, they don't look like a good IPO target to me. The median amount taken in by an IPO in 2016 is $94.5 million [2], which would cover less than 2 weeks of Uber losses at their current burn rate. (Surely their IPO won't be the median size. E.g., Facebook's brought in $16 billion. Bu…
Comment linking /uploadedFiles/Shared_Content/Editorial/Publications/Documents/2017-WilmerHale-IPO-Report.pdf
on “Uber’s board wants Expedia CEO Dara Khosrowshahi to be its next CEO”From your first link, the link to the WilmerHale [0] article is a 404. [0] https://www.wilmerhale.com/uploadedFiles/Shared_Content/Edit...
Comment linking /uploadedFiles/Shared_Content/Editorial/Publications/Documents/2015-WilmerHale-IPO-Report.pdf
on “Ask HN: Starting Your Own LLC?”Couple of random ramblings about the article - IT jobs as in do they mean IT admins/Biz Analysts or programmers and software engineers. There is a smaller market in the area for IT admins than for programmers and software engineers. additionally, It seems to mix data between tech jobs and hotels etc. - Why the random cheap shot at H1-Bs. Is this focused on employment or immigration ? typically in a healthy market em…
Comment linking /uploadedFiles/Shared_Content/Editorial/Publications/Documents/2016-WilmerHale-VC-Report.pdf
on “San Jose and Oakland area job markets tumble”The recent Nosal cases seem relevant, since they were specifically about an employee violating the internal computer policy, and the government arguing that violated the CFAA. After some rounds and a divided court, the Ninth Circuit reviewed it en banc and decided against the government: https://www.wilmerhale.com/pages/publicationsandnewsdetail.a... The SCOTUS refused to hear the appeal, but since the Ninth has jur…
Comment linking /pages/publicationsandnewsdetail.aspx?NewsPubId=91348
on “OpenTable Fires Employee for Making Fake Reserve Bookings”There's already a doctrine of laches that limits past damages. From http://www.wilmerhale.com/pages/publicationsandnewsdetail.as... > Laches defenses have been successful in cases in which a patent owner knows about an infringement and then delays many years before bringing suit. Laches typically bars the recovery of any past damages but allows for the recovery of damages arising after the filing of the lawsuit
Comment linking /pages/publicationsandnewsdetail.aspx?NewsPubId=89731
on “Chinese government reveals Microsoft’s secret list of Android-killer patents”> TikTok technically isn't required to share data with China That can change in a few months. China is drafting Data Security Law whose “broad scope and extraterritorial reach pose particular risks for foreign companies as well as media organizations and their personnel. Most importantly, the Draft Law grants sweeping power in the name of national security to relevant Chinese government officials to access the data…
Comment linking /en/insights/client-alerts/20200710-china-publishes-draft-data-security-law
on “TikTok's new CEO says company will reveal how its algorithms work”Oddly, that's been litigated more than you'd think, including in the context of links ("deep linking"): http://www.wilmerhale.com/publications/whPubsDetail.aspx?pub...
Comment linking /publications/whPubsDetail.aspx?publication=2636
on “You need a paper licence to link to the Royal Mail website”Excellent point about why terms and conditions agreed to online are not as a rule legally enforceable. You may be able to withhold service from people violating your T&C but you will not be able to go much further than that. More reading on this: http://www.wilmerhale.com/publications/whPubsDetail.aspx?id=...
Comment linking /publications/whPubsDetail.aspx?id=c82e4a36-04ea-40d6-89cf-af46e0dc9ea7
on “Retailer adds 'immortal soul' clause to sale conditions”> given that the chances of any serious consequences for ignoring such provisions are effectively zero? I’m assuming that Oura are assuming that this—the Illinois BIPA is toothless—is true. It is not [1]. [1] https://www.wilmerhale.com/en/insights/blogs/wilmerhale-priv...
Comment linking /en/insights/blogs/wilmerhale-privacy-and-cybersecurity-law/20250219-year-in-review-2024-bipa-litigation-takeaways
on “Oura says it gets government demands for user data. Will it share how many?”
