Category Archives: Other

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Algorithms, Artificial Intelligence and Joint Conduct

Over the past few years, sophisticated pricing algorithms and artificial intelligence have attracted the attention of antitrust and competition enforcers. These new technologies interpret and respond to market conditions with far more precision, agility, and consistency than their human counterparts. As a result, they may require practitioners to develop new ways of thinking about joint … Continue Reading

Building a Kick-Ass Team: 5 Lessons

As published on Medium. Silicon Valley Bank, along with Sheppard Mullin, recently co-hosted a panel of seasoned entrepreneurs at Runway on “Building and Motivating a Kick-Ass Team.” The combined experience of these panelists was incredible, and we heard some great advice about how to build and manage teams, which sometimes requires ignoring conventional thinking. The following … Continue Reading

…And The Unicorn You Rode In On (Silicon Valley – Episode 26)

Alas, poor Erlich!  We knew him; ‘a fellow of infinite jest, of most excellent fancy; he hath borne us on his back a thousand times; and now,’ as Jared poetically recounts, “Erlich’s Bachmanity boondoggle has led to his being unceremoniously bucked off the Pied Piper unicorn, [lock-] stock-and-Board-seat-wise.”  Unfortunately, Erlich’s lavish over-spending of Bachmanity’s capital, … Continue Reading

Happy Times, High Crimes and Misdemeanors (Silicon Valley – Episode 25)

In this week’s episode of Silicon Valley, Richard enjoyed an unprecedented run of success, culminating with the official launch of Pied Piper’s platform.  Richard has suffered so many setbacks, it’s little wonder he is initially reluctant to launch even a beta version—certain that the platform is buggy and will only subject Pied Piper to further … Continue Reading

Bachmanity – From Sizzle to Fizzle and Maybe Bachruptcy (Silicon Valley – Episode 24)

At its heart, Episode 24 was about relationships – from the wayward dating lives of Richard and Dinesh to Big Head and Ehrlich’s marriage of “Bachmanity,” the Pied Piper entourage found themselves faced with the messy unraveling of unsuccessful relationships.  To recap some of those relationships, Richard loses a girlfriend over his obsession with code … Continue Reading

Big Head, Big Dreams, Big Mistake?

At least on paper, Episode 23 was a heartwarming story of new beginnings.  Sure, Richard was subjected to an excruciating limbo during which Laurie interviewed other people for “his” job as CEO.  But it turns out that was only for Richard’s own good—to make sure Richard would be seen as the best choice after a … Continue Reading

Laurie & Monica Out-Action Jack…and Other Fiduciary Duties (Silicon Valley – Episode 22)

Episode 22 provides a decisive and satisfying showdown between Jack’s Box plan and Richard’s consumer platform option.  Richard’s not-so-secret skunkworks project is dead, and the team sets to work on the Box believing that as soon as they deliver a working prototype, they will be free to build the platform.  But when they deliver the … Continue Reading

Jack’s Box (Silicon Valley – Episode 20)

Episode 20 of Silicon Valley explores numerous classic conflicts: consumer-oriented v. enterprise business model; engineers v. sales; revolutionary vs. safe; long-term goals v. short-term profits; Erlich v. Jian-Yang … Richard’s plan has been to transform the world by giving away the basic version of Pied Piper’s revolutionary compression technology, rapidly building a huge user base, … Continue Reading

The Days of the Vultures (Silicon Valley – Season 2 Finale)

This season’s finale of Silicon Valley provided Richard with only the briefest moment of victory before he once again faces losing Pied Piper.  First, the arbitrator rules that because Richard used a Hooli computer while developing Pied Piper, under the invention assignment provision of Richard’s employment agreement with Hooli, Hooli would have the right to … Continue Reading

Rogue Witnesses (Silicon Valley, Episode 17)

In Episode 17, Hooli’s lawsuit appears to be nearing its end – with Hooli poised as the apparent victor.  In Episodes 9 and 10 the show had positioned the case so we thought Pied Piper was sure to win.  What happened?  The impact of a rogue witness should not be underestimated.… Continue Reading

Board Games (Silicon Valley, Episode 16)

Episode 16 culminates with a disastrous end to the Intersite bake-off, and highlights an issue that’s cropped up in several episodes:  troublesome or under-performing board members.  To recap, Pied Piper is competing against nemesis Endframe in a “bake-off” to win a $15 million contract with Intersite.  In the course of the bake-off, Pied Piper’s (formerly) … Continue Reading

Other Peoples’ (Adult) Content (Episode 15)

There are so many legal issues in Episode 15 that it’s hard to know where to begin, so I’m going to start at the end: porn.  Pied Piper is competing against nemesis Endframe for a $15 million contract from the online porn company Intersite.  If Pied Piper wins the contract it will allow Pied Piper … Continue Reading

“‘Say it ain’t so, bro!’” (Episode 14)

Previously we’ve discussed Hooli’s reverse engineering of Pied Piper’s technology and the threatened lawsuit for ownership of the technology.  In Episode 14, Pied Piper faces a new threat:  Endframe, a Pied Piper competitor, has also stolen Pied Piper’s technology, in collusion with VC firm Branscomb Ventures.  This started back in Episode 10, when the Pied … Continue Reading

Baker v. Microsoft Corporation Revisited: Microsoft Seeks to Stop Class Action Plaintiffs From Shortcutting the Appeals Process

July 21, 2015 Update: On July 20, 2015, the Ninth Circuit Court of Appeals denied Microsoft’s petition for rehearing en banc and amended its March 18, 2015, opinion to add a footnote supporting the conclusion that it had jurisdiction because a stipulated dismissal is an appealable judgment.  The amended opinion can be accessed here. We … Continue Reading

Baker v. Microsoft Corporation: Game Companies Beware, Ninth Circuit Court of Appeals Decision May Make It More Difficult to Defeat Class Actions

July 21, 2015 Update: On July 20, 2015, the Ninth Circuit Court of Appeals amended its March 18, 2015, opinion to add a footnote supporting the conclusion that it had jurisdiction because a stipulated dismissal is an appealable judgment.  The amended opinion can be accessed here. A Quick Overview The Ninth Circuit Court of Appeals … Continue Reading
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