Redpaper, published: Tue, 28 Apr 2020

The FlashSystem 9200 combines the performance of flash and end-to-end Non-Volatile Memory Express (NVMe) with the reliability and innovation of IBM® FlashCore technology, the ultra-low latency of Storage Class Memory (SCM), the rich features of IBM Spectrum® Virtualize and AI predictive storage management, and proactive support by Storage Insights.

Draft Redpaper, last updated: Wed, 29 Apr 2020

Having appropriate storage for hosting business-critical data and advanced Security Information and Event Management software for deep inspection, detection, and prioritization of threats has become a necessity of any business.

Blueprint, published: Wed, 6 May 2020

This IBM® Redpaper™ publication is intended as an architecture and configuration guide to set up the IBM System Storage™ for the SAP HANA tailored data center integration (SAP HANA TDI) within a storage area network (SAN) environment.

The Legislature needs to stop its dithering over school funding and reform and put Washington’s students first, writes Kate Riley, editorial page editor.

Organizations that use IBM Security Guardium activity monitoring for data security and compliance struggle with the quantity of collected audit data, especially if they have 10 or more Guardium collectors. IBM Security Guardium Big Data Intelligence provides the power of a big data platform that is purpose-built for data security requirements. It helps augment existing Guardium deployments with the ability to quickly create an optimized security data lake that can retain large quantities of historical data over long time horizons.

This article provides a list of ISV solutions that can augment the capabilities of Hortonworks Data Platform (HDP) running on Linux on IBM Power Systems. Solutions cover many categories including business intelligence (BI) tools, advanced analytics, and so on.

With the release of IBM Bluemix Local System and PureApplication System firmware V2.2.3, you can create automatically configured hosted VMware environments for more flexibility on how you run and manage your workloads. This tutorial series provides a step-by-step guide for users of the Bluemix Local System W1500, W2500, W3500, and W3550 models to work with these advanced capabilities. In Part 2, you install and configure a PureApplication Software workload environment.

With the release of IBM Bluemix Local System and PureApplication System firmware V2.2.3, you can create automatically configured hosted VMware environments for more flexibility on how you run and manage your workloads. This series of articles provides a step-by-step guide for users of the W1500, W2500, W3500, and W3550 models to work with these advanced capabilities. In Part 1, you get started with creating and deploying hosted VMware environments in Bluemix Local System. Specifically, you learn how to allocate resources, configure external access to VMware components, and configure and deploy virtual machines in VMware.

With the release of IBM PureApplication Platform and PureApplication System firmware V2.2.3, you can create automatically configured hosted VMware environments for more flexibility on how you run and manage your workloads. This series of articles provides a step-by-step guide for users of the PureApplication Platform W1500, W2500, W3500, and W3550 models to work with these advanced capabilities. In Part 3, you set up disaster recovery and learn how to perform three different disaster recovery procedures.

Pledging to quit smoking, lose weight and get fit is pretty popular on New Years' Eve, so why do many people fail?

Desalination is not just for coastal cities treating seawater. Drought-hit inland towns could use it where emergency bore water supplies are too salty.

With towns facing "zero day" water crises National Party MPs are frustrated not enough dams are being built, but states are spending billions to fix a system ill-prepared for crisis.

Plastic cutlery, paper bags and plates overflowing in bins have become a thing of the past for a Melbourne primary school with a tough stance on waste.

A remote Central Australian community will trial a technology that boosts supplies of drinking water using solar power and air, after battling water security issues for several years.

Boring online classes, long supermarket queues, and a lack of physical touch are just some of the problems identified by young people who are coming up with solutions to life under a pandemic.

Adelaide councils are considering a range of options to address the problem of abandoned shopping trolleys including GPS tracking, locking systems and a bounty for returned trolleys.

With the global coronavirus pandemic continuing to damage health systems and economies worldwide, there is a desperate need to start transitioning out of lockdown and reopen communities and cities in the safest way possible. Shapes AI, a computer vision and artificial intelligence company, has launched a platform to support this transition by tracking and monitoring social distancing and the wearing of masks.

With a focus on using artificial intelligence (AI)/ machine learning (ML) to better predict demand and improve companies operations from end-to-end, Blue Yonder Holding, Inc. (Blue Yonder), has launched its reimagined Luminate Planning portfolio. This powerful set of solutions enables boundaryless planning providing customers with integrated sales and operations execution (S&OE); limitless, always-on planning; and an intelligence engine that can predict and pivot to deliver an autonomous supply chain.

Women face a number of hurdles when it comes to working in manual trades, but overcoming the barriers as some have done could be the answer to the skills shortage.

Look for the new Infrastructure Solutions Enablement Zone on the IBM Virtual Innovation Center (VIC), providing technical enablement information and education to Business Partners seeking solutions. You'll need to log in to the VIC to access the zone.

The City of Bolzano's Living Safe Project was one of the top five Laureates, or nominees, in the "Innovation" category at the ComputerWorld Honors program, and was recognized publicly at the Laureate Medal Ceremony and Gala Evening.

An IBM Smarter Cities team led by the IBM Human Centric Solutions Center partnered with Bolzano city planners to answer the question "Can we use technology to guarantee a good quality of life for our aging population?" And the answer is a resounding "yes."

(United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the appeals court affirmed in part, reversed in part, and vacated in part a jury verdict for plaintiff as follows: 1) defendant's liability for trade secret misappropriation regarding a photodiode array structure was affirmed; 2) several patent infringement claims were reversed and several were affirmed; and 3) monetary damage awards were vacated and remanded for further consideration.

(United States Federal Circuit) - Affirmed the bench trial finding that valid patents still existed in a longstanding pharmaceutical drug called Aveed after defendant Custopharm was sued for patent infringement by Endo Pharmaceuticals and Bayer after seeking FDA approval to produce a generic version of Aveed.

(United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the jury verdict for plaintiff is affirmed in part, reversed in part, and vacated in part where: 1) defendant’s liability for trade secret misappropriation regarding a photodiode array structure is affirmed; 2) four patent infringement claims are reversed and four are affirmed; and 3) monetary damage awards are vacated and remanded for further consideration.

(United States Ninth Circuit) - Affirmed in part and reversed in part the summary judgment in favor of defendant in a copyright case. Plaintiff compiled a listing of individual consumer names with their addresses and sought copyright protection. The District Court found in favor of the defendant and against the copyright claims. The 9th Circuit held that the compilation of names and addresses is copyrightable, but plaintiff had failed to establish that its copyright had been infringed. Affirmed as to the infringement claim for the defendant, but reversed as to the state law trade secret claim.

(United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the appeals court affirmed in part, reversed in part, and vacated in part a jury verdict for plaintiff as follows: 1) defendant's liability for trade secret misappropriation regarding a photodiode array structure was affirmed; 2) several patent infringement claims were reversed and several were affirmed; and 3) monetary damage awards were vacated and remanded for further consideration.

(United States Fifth Circuit) - Affirmed a judgment in favor of a medical supplier in its lawsuit against a health insurance company that refused to pay for covered services. The supplier, which provides equipment and staffing to doctors who perform surgery in their own offices, prevailed in a jury trial.

(United States Fifth Circuit) - Summary judgment affirmed, award of costs vacated and remanded, where Plaintiff making FLSA claim for unpaid overtime was exempt. But because district court did not provide reasons for declining to award costs to prevailing party, award of costs vacated and that issue remanded back to district court.

(United States Ninth Circuit) - In an ethics and professional responsibility action, arising out of a dispute between class plaintiffs over conflicts of interest among class counsel, the district court's rejection of the motion to disqualify counsel is affirmed where California does not apply a rule of automatic disqualification for conflicts of simultaneous representation in the class action context and the district court did not abuse its discretion in determining that counsel will adequately represent the class.

(United States Fifth Circuit) - In a lawsuit that a bankruptcy trustee brought against officers and directors of the debtor company and others who allegedly participated in a securities fraud scheme, affirmed a jury verdict in part and reversed it in part.

(United States Fourth Circuit) - Affirming the district court's grant of a declaratory judgment to the plaintiff that it hadn't breached any contractual agreement with Korea, but refusing a permanent injunction barring Korea from suing them in Korean courts in a contract suit between a US defense contractor and Korea in a complex set of exchanges involved in upgrading the country's fighter planes.

(United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the appeals court affirmed in part, reversed in part, and vacated in part a jury verdict for plaintiff as follows: 1) defendant's liability for trade secret misappropriation regarding a photodiode array structure was affirmed; 2) several patent infringement claims were reversed and several were affirmed; and 3) monetary damage awards were vacated and remanded for further consideration.

(United States Federal Circuit) - Affirmed the bench trial finding that valid patents still existed in a longstanding pharmaceutical drug called Aveed after defendant Custopharm was sued for patent infringement by Endo Pharmaceuticals and Bayer after seeking FDA approval to produce a generic version of Aveed.

(United States Ninth Circuit) - Affirmed in part and reversed in part the summary judgment in favor of defendant in a copyright case. Plaintiff compiled a listing of individual consumer names with their addresses and sought copyright protection. The District Court found in favor of the defendant and against the copyright claims. The 9th Circuit held that the compilation of names and addresses is copyrightable, but plaintiff had failed to establish that its copyright had been infringed. Affirmed as to the infringement claim for the defendant, but reversed as to the state law trade secret claim.

(United States Fifth Circuit) - In an insurance coverage dispute arising from a leak in an underground fuel storage tank, affirmed in part and reversed in part. The insurer sought a declaratory judgment that it did not owe coverage because the insured had breached the Cooperation Clause in its policy, among other things.

(United States Federal Circuit) - Affirmed the bench trial finding that valid patents still existed in a longstanding pharmaceutical drug called Aveed after defendant Custopharm was sued for patent infringement by Endo Pharmaceuticals and Bayer after seeking FDA approval to produce a generic version of Aveed.

(United States Ninth Circuit) - Held that a proposed class action lawsuit challenging the Golden Gate Bridge toll-collecting system belonged in state court. Affirmed the remand of the case to state court after it was removed under the Class Action Fairness Act. The suit principally alleged unlawful collection of personal data.

(California Court of Appeal) - Held that an employer was entitled to enforce an employment contract's forum selection clause that required any lawsuits to be brought in Indiana. Granted writ relief to prevent an employee from proceeding with a wrongful-termination lawsuit in a California court.

(United States Seventh Circuit) - Affirmed the dismissal of a consumer's proposed class action, which alleged that a debt-collection letter violated the Fair Debt Collection Practices Act. The letter allegedly stated that important information was on the back of its first page, but the information was on the front of its second page.

(United States Second Circuit) - Held that recipients of unsolicited spam text messages had legal standing to bring a lawsuit against the company that sent them. Affirmed a ruling in a class action suit under the federal Telephone Consumer Protection Act.

(United States Ninth Circuit) - Affirmed Defendant’s summary judgment against Plaintiff, holding that the Fair Credit Reporting Act did not require Defendant to initiate a reinvestigation of incorrect credit report items because Plaintiff did not directly notify Defendant of disputed items.

(California Court of Appeal) - Remanded for a redetermination of whether an arbitration agreement covered a dispute between a school and a consulting firm. Reversed an order denying arbitration.

(US 5th Circuit) - No. 19-20023

(United States Fifth Circuit) - In a lawsuit that a bankruptcy trustee brought against officers and directors of the debtor company and others who allegedly participated in a securities fraud scheme, affirmed a jury verdict in part and reversed it in part.

This is the second part of a three-part series on use of litigation interest and risk assessment (LIRA), growing out of a program at CPR’s annual meeting in February 2020. The first part of this series describes how to do LIRAs and includes results from a survey of participants in our program.  This part describes … Continue reading Early Dispute Resolution Processes →

This is the final part of a three-part series on litigation interest and risk assessment (LIRA) and early dispute resolution procedures.  The first part explains how lawyers can use LIRA procedures to help clients make better decisions about litigation and negotiation.  The second part describes some early dispute resolution procedures, which can benefit from good … Continue reading Dispute Prevention and Early Dispute Resolution Framework →

A recent post anticipates that as we go through the current crisis, we will develop a “crisis new normal” and, after we recover from the crisis, a “normal new normal” (NNN).  At this point, governments, institutions, and individuals are still developing new routines as we wait out the crisis by doing things like sheltering in … Continue reading The Next New Normal in Law, Dispute Resolution, and Legal Education →