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Immediately after WIRED published the story, though, the agreement mysteriously changed. The secrecy provision is still there, but the statement that it's 'specifically intended' to prevent the media attention has vanished."
In the second case, Highmark v. Allcare Health Management, the Supreme Court also noted the 'exceptional' standard in reversing the appellate court's decision but specifically ruled that appellate courts should give more deference to the lower courts on rulings of fact. In Highmark, the district court found that Allcare had engaged in a pattern of 'vexatious' and 'deceitful' conduct throughout the litigation and awarded fees. The appellate court while agreeing with the lower court about part of the case reversed the fees in their de novo review of the case. In de novo reviews, the court case is essentially retried with the higher court. The Supreme Court iterated that de novo reviews should be done typically for 'questions of law' and reviews on 'questions of fact' are done if there are clear errors with decisions on matters of discretion 'reviewable for "abuse of discretion."' In other words, the appellate courts can review a case if a lower court has not correctly interpreted law; however, they should not retry a lower case on facts unless the lower court made a clear error. Also unless the lower court abused their power in some way, the appellate court should not review their final decisions.
For example, if a person is tried for murder, an appellate court could rule that a district court misinterpreted a statute about sentencing if the person if found guilty. The appellate court should not retry the facts of the case unless the lower court had made a clear error like ruling that there was a DNA match when there was not. Also an appellate court should not reverse the lower court if they sentenced the person to a reasonable time. Now if the district court sentenced the person to 400 years for one murder, then the appellate court should intervene.
In effect the two rulings make it easier for companies to recover money should they be sued in frivolous patent lawsuits. This would make the risks greater for those who sue."
Is the Internet essential infrastructure? Should local governments step in to preserve equality of access?"
If this ruling stands, foreign governments will not be happy about having their legal jurisdiction trespassed by American courts that force American companies to turn over customers' data stored in their countries. The question is: who does have legal jurisdiction on data stored in a given country? The courts of that country, or the courts of the nationality of the company who manages the data storage? This is a matter that has to be decided by International treaties. While we're at it, let's try to establish an International cyber law enforcement system. In the meantime."