A Manhattan appeals panel expressed concern Wednesday that Robins Kaplan LLP had poked through an opposing party's Dropbox database that was accidentally shared in investor litigation, while also criticizing the other side for failing to catch the error.
Law360
Technology
THURSDAY, MAY 9, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

computer_files.jpg

Robins Kaplan File Flub Bad Look For Both Sides, Panel Says

By Rachel Scharf

A Manhattan appeals panel expressed concern Wednesday that Robins Kaplan LLP had poked through an opposing party's Dropbox database that was accidentally shared in investor litigation, while also criticizing the other side for failing to catch the error.

Read full article » | Save to favorites »

Apple Judge Skeptical Tech Giant Complying With Epic Order

By Bonnie Eslinger

The California federal judge overseeing Epic's antitrust suit against Apple reacted skeptically Wednesday to an Apple executive's claim that it has fully complied with her order aimed at allowing app developers to send users to outside payment platforms, saying some of Apple's new rules appear to "stifle competition."

Read full article » | Save to favorites »

Amazon Seeks To Ax $525M Verdict Over Data Storage Patents

By Lauren Berg

Amazon asked an Illinois federal judge Wednesday to throw out a jury's verdict that the e-commerce giant owes $525 million for infringing three of Kove IO's patents relating to cloud data storage technology, saying the Chicago software company didn't actually prove infringement.

2 documents attached | Read full article » | Save to favorites »

AI Art Cos. Fight Uphill To Toss Artists' Copyright Suit

By Craig Clough

Attorneys for four companies that make or distribute software that creates images with text prompts urged a California federal judge Wednesday to rethink his tentative opinion to allow some claims by a proposed class of artists to move forward, with one warning it could lead to hundreds of thousands of similar suits.

Read full article » | Save to favorites »

Tribes And Groups Urge 9th Circ. To Uphold TikTok Ban Pause

By Crystal Owens

Free speech and internet advocacy groups, as well a Native American nonprofit and two tribes, are urging the Ninth Circuit to uphold a lower court's decision that blocks Montana from banning social app TikTok, arguing that First Amendment protections include such media platforms.

4 documents attached | Read full article » | Save to favorites »

Google Fights Subpoena On Texas Amid Ad Tech MDL

By Ali Sullivan

Google is urging a New York federal judge overseeing sweeping multidistrict litigation over the tech giant's alleged monopoly in digital advertising to stamp out a subpoena seeking discovery from Texas in related litigation in the Lone Star State.

Letter attached | Read full article » | Save to favorites »

Truth Social Backer's Insider Trading Alibi In Jury's Hands

By Pete Brush

A Manhattan federal jury weighed charges Wednesday against a Florida investor accused of fueling a $23 million insider trading scheme that exploited confidential plans to take Truth Social public, after the defense argued it was someone else who tipped speculators.

1 document attached | Read full article » | Save to favorites »

AGs Blast Federal Data Privacy Law's Proposed State Override

By Allison Grande

California joined attorneys general from more than a dozen other states and Washington, D.C., on Wednesday to urge Congress to ensure that proposed federal data privacy legislation sets a "floor, not a ceiling" that would preserve more stringent protections states have enacted and allow them to add new laws to address rapid technological developments. 

Letter attached | Read full article » | Save to favorites »

Biden Signs Law To Protect Children From Online Exploitation

By Henrik Nilsson

President Joe Biden has signed into law a bipartisan bill aimed at curbing online child sex exploitation by strengthening requirements for social media companies and other service providers to report abuse to the nation's centralized reporting system.

Read full article » | Save to favorites »

POLICY & REGULATION

Coordinators Resist Bid To Open 800 MHz Assignments

By Nadia Dreid

The Association of American Railroads is warning the Federal Communications Commission not to accept a proposal from the wireless industry that would remove frequency coordinators' requirement to concur with one another when operating in bands below 800 MHz reserved for business and industrial purposes.

3 documents attached | Read full article » | Save to favorites »

LITIGATION

9th Circ. Says Calif. Can Give Gun Buyer Info To Researchers

By Gina Kim

The Ninth Circuit on Wednesday declined to revive a constitutional challenge to a California law requiring the state to provide biographical information about firearm purchasers and those with carry-conceal permits to accredited research institutions studying gun violence, saying the information at issue isn't highly personal and doesn't implicate the right to privacy. 

Opinion attached | Read full article » | Save to favorites »

Split 6th Circ. Says Digital Media TM Case Has To Stay In Tenn.

By Andrew Karpan

The Sixth Circuit on Wednesday held that a trademark fight between two companies that digitally preserve home movies, photos and other media will have to play out in a Tennessee federal court, after the panel split over how many customers are enough to extend jurisdiction in the trademark dispute.

Opinion attached | Read full article » | Save to favorites »

Arendi Seeks Revival Of Google, Oath IP Rows At Fed. Circ.

By Adam Lidgett

Arendi SARL has urged the Federal Circuit to revive its two data system patent lawsuits alleging infringement by Google and Oath Holdings, arguing in part that the lower court erred when it failed to find the patents eligible.

Brief attached | Read full article » | Save to favorites »

Madison Square Garden Escapes Federal Suit Over Facial ID

By David Steele

A proposed class action challenging Madison Square Garden's use of facial recognition to ban attorneys from its properties was dismissed Wednesday, with a New York federal judge ruling that contracting with the third-party provider of the software did not break the law.

Order attached | Read full article » | Save to favorites »

NC Court Clerks, Administrators Escape Digital Courts Suit

By Travis Bland

Plaintiffs in a proposed class action have voluntarily dropped North Carolina court administrators and clerks from a lawsuit alleging that flaws in the state's electronic court filing system led to unlawful arrests and longer jail stays.

Notice attached | Read full article » | Save to favorites »

Icahn, Xerox Investors Settle Nixed HP Merger Suit For $2.2M

By Elliot Weld

Carl Icahn will pay $2.2 million to Xerox under an agreement reached with a pair of the company's stockholders, who accused the billionaire investor in a consolidated shareholder derivative lawsuit of trading on non-public information regarding Xerox's now-doomed bid to acquire HP Inc. for $33 billion.

Memorandum attached | Read full article » | Save to favorites »

Gambling Cos. Can't Knock Out 4 Location Software Patents

By Andrew Karpan

DraftKings and several other gambling companies have failed to persuade the Patent Trial and Appeal Board to invalidate a quartet of patents covering location software that were issued to a patent lawyer who has sued at least 10 major betting brands.

4 documents attached | Read full article » | Save to favorites »

CBD Retailer Wants To Avoid Privacy Suit

By Jonathan Capriel

CBD retailer Charlotte's Web Inc. has urged a California federal judge to toss a woman's suit accusing it of secretly recording conversations of those who visit its website, saying the lead plaintiff didn't even use the allegedly wiretapped chat functions and therefore can't have been harmed.

Motion attached | Read full article » | Save to favorites »

Lyft Driver Asks Calif. Justices To OK Intervening In PAGA Suit

By Craig Clough

An attorney for a Lyft driver who sued the company under the Private Attorneys General Act urged the California Supreme Court on Wednesday to find her client has standing to intervene in a competing PAGA Lyft case that reached a settlement, saying the deal threatened to "extinguish" her client's rights.

Read full article » | Save to favorites »

Tesla Slams Class Bid For Musk Shares Lockdown In Del.

By Jeff Montgomery

Attorneys for Elon Musk and Tesla Inc. and its board have blasted class attorney motions to sequester billions worth of the automotive company's shares as an improper attempt to shield a nonfinal court ruling on Musk's 10-year compensation plan and as potential interference in a Tesla bid to reincorporate in Texas.

Read full article » | Save to favorites »

Coldwell Banker's Lockboxes Draw BIPA Suit

By Celeste Bott

Coldwell Banker has been sued in Illinois state court by a proposed class of employees who claim it violated Illinois' biometric privacy law by failing to get their informed consent before requiring them to scan their fingerprints to access biometric lockboxes that store keys for rental units shown to potential customers.

Complaint attached | Read full article » | Save to favorites »

DEALS

Simpson Thacher-Led Silver Lake Lands $20.5B For 7th Fund

By Jade Martinez-Pogue

Technology-focused private equity shop Silver Lake, advised by Simpson Thacher & Bartlett LLP, announced Wednesday the closing of its seventh flagship fund after securing $20.5 billion from investors, beating out the amount raised in its predecessor fund by about half a billion dollars.

Read full article » | Save to favorites »

DLA Piper, Cooley Lead Software Firm Silvaco's $114M IPO

By Tom Zanki

Electronic design automation software company Silvaco Group Inc. on Wednesday priced an $114 million initial public offering at the top of its range, represented by DLA Piper and underwriters' counsel Cooley LLP.

Read full article » | Save to favorites »

Japanese Crypto Exchange Coincheck Eyes US Listing In '24

By Tom Zanki

Simpson Thacher-led Japanese cryptocurrency exchange Coincheck Group BV plans to complete a long-awaited merger with a special-purpose acquisition company by the year's second or third quarter, a combination that would make it the second U.S.-listed crypto venue.

Read full article » | Save to favorites »

ENFORCEMENT

SEC Says Startup Founder Siphoned $10.8M In Investor Funds

By Emilie Ruscoe

The U.S. Securities and Exchange Commission has filed suit against the CEO of a chemical coatings startup, alleging that over roughly four years, the executive "siphoned off" $10.8 million, or roughly a third of the $32.5 million his company raised from investors and spent it on extravagances including a private jet.

Complaint attached | Read full article » | Save to favorites »

EXPERT ANALYSIS

Is The Digital Accessibility Storm Almost Over?

Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.

Read full article » | Save to favorites »

8 Questions To Ask Before Final CISA Breach Reporting Rule

The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.

Proposed Rule attached | Read full article » | Save to favorites »

Rebuttal

Double-Patenting Ruling Shows Terminal Disclaimers' Value

While a recent Law360 guest article seems to argue that the Federal Circuit’s Cellect decision last year robs patent owners of lawful patent term, the ruling actually identifies how terminal disclaimers are the solution to the problem of obviousness-type double patenting, say Jane Love and Robert Trenchard at Gibson Dunn.

Opinion attached | Read full article » | Save to favorites »

How Courts Are Interpreting Fed. Circ. IPR Estoppel Ruling

In the year since the Federal Circuit’s Ironburg ruling, which clarified the scope of inter partes and post-grant review estoppel, district court decisions show that application of IPR or PGR estoppel may become a resource-intensive inquiry, say Whitney Meier Howard and Michelle Lavrichenko at Venable.

Read full article » | Save to favorites »

Are Concessions In FDA's Lab-Developed Tests Rule Enough?

Although the U.S. Food and Drug Administration's new policy for laboratory-developed tests included major strategic concessions to help balance patient safety, access and diagnostic innovation, the new rule may well face significant legal challenges in court, say Dominick DiSabatino and Audrey Mercer at Sheppard Mullin.

Read full article » | Save to favorites »

Series

Swimming Makes Me A Better Lawyer

Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

Read full article » | Save to favorites »

LEGAL INDUSTRY

Analysis

In Story Of Sex And Lies, Can Cohen Write Final Chapter?

By Phillip Bantz

The Manhattan District Attorney's Office has told a story of scandal and scheming to the jury in Donald Trump's criminal hush money trial, setting the stage for the prosecution's star witness to take the stand and wrap up the narrative.

Read full article » | Save to favorites »

Ex-McElroy Deutsch CFO Cops To $1.5M Theft From Firm

By George Woolston

McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer admitted Wednesday to embezzling more than $1.5 million from the firm and failing to pay income tax, New Jersey Attorney General Matthew J. Platkin announced.

Read full article » | Save to favorites »

Lewis Brisbois Atty Fatally Shot In McDonald's Altercation

By Ryan Boysen

A Lewis Brisbois Bisgaard & Smith LLP attorney was fatally shot at a McDonald's in Houston after reportedly stepping in as a good Samaritan and attempting to calm down an irate customer who'd been arguing with staff at the fast food restaurant.

Read full article » | Save to favorites »

Titan Of The Plaintiffs Bar: Lieff Cabraser's Kelly Dermody

By Irene Spezzamonte

A semester off from Harvard University in the late 1980s meant for reflection instead turned into a pivotal moment in Kelly Dermody's life, settling the roots for her successful career during which she has become a lighthouse for employment and discrimination cases.

Read full article » | Save to favorites »

ABA Will Study Rape Questions' Necessity For Bar Applicants

By Cara Bayles

An American Bar Association commission will issue a report and recommendations by August on the practice of requiring would-be lawyers to disclose and discuss their experiences of sexual violence during the attorney licensure process.

Letter attached | Read full article » | Save to favorites »

ABA Directs Attys To Avoid Sharing Client Info On Listservs

By Emily Sawicki

It is in the best interest of clients for their legal counsel to avoid sharing information related to representation while seeking advice in an online listserv forum, if the comments or questions could be connected to a client's identity, according to American Bar Association guidance published Wednesday.

Opinion attached | Read full article » | Save to favorites »

Ga. Appeals Court Will Review Trump DQ Bid In Election Case

By Kelcey Caulder

The Georgia Court of Appeals on Wednesday agreed to review a judge's ruling allowing Fulton County District Attorney Fani T. Willis to continue prosecuting the election interference case she brought against former President Donald Trump.

Order attached | Read full article » | Save to favorites »

Fani Willis Is Outraising Primary Challenger More Than 5 To 1

By Chart Riggall

Less than two weeks from the first hurdle in her bid for reelection, Fulton County District Attorney Fani T. Willis is boasting a​​ campaign war chest more than five times heftier than her Democratic challenger's, according to campaign finance disclosures filed this week.

Read full article » | Save to favorites »

Biden Picks US Magistrate Judge In Fla. For 11th Circ.

By Courtney Bublé

President Joe Biden announced Wednesday his intent to nominate U.S. Magistrate Judge Embry J. Kidd to the Eleventh Circuit.

Read full article » | Save to favorites »

NJ Justices Approve Measures For Helping Atty Well-Being

By Emily Johnson

The New Jersey Supreme Court has accepted several recommendations from its committee focused on attorney well-being, paving the way for the committee to examine how attorneys can briefly postpone court dates or possibly receive an extension to meet deadlines so they can handle pressing wellness needs.

Notice attached | Read full article » | Save to favorites »

Legal Access Program Being Set Up For Separated Families

By Alyssa Aquino

The Biden administration has tapped the Acacia Center for Justice to manage a court-ordered legal access program to help migrant families stay in the U.S. after they were separated under a Trump-era policy to prosecute anybody caught entering the country unlawfully.

Read full article » | Save to favorites »

Colo. Judges Urge Attys To Take On More Pro Se Cases

By Thy Vo

A group of Colorado federal judges tried Wednesday to recruit more lawyers to help pro se litigants, who file about a third of the district's cases each year, with the judges recounting tactical mistakes and case delays that attorneys could have prevented.

Read full article » | Save to favorites »

Promo that reads Law360 2024 Titans of the Plaintiffs Bar Promo that reads Law360 Pulse 2024 AI Survey

COMPANIES IN TODAY'S NEWS

Acadia Pharmaceuticals

Allergan PLC

Amazon.com Inc.

American Bar Association

American Civil Liberties Union

Amgen Inc.

Apple Inc.

Association of American Railroads

Aurobindo Pharma Ltd.

Bestway Inflatables & Material Corp.

Binance Holdings Ltd.

Boehringer Ingelheim Vetmedica Inc.

Boston Scientific Corp.

Bridge Capital Holdings

ByteDance Ltd.

California Institute of Technology

Center for Justice

Charlotte's Web Inc.

Chevron Corp.

Coinbase Global Inc.

Coincheck Inc.

Coldwell Banker Real Estate LLC

Computer & Communications Industry Association

Cook Group Inc.

DraftKings Inc.

EIS Inc.

Endeavor Operating Company LLC

Entain PLC

Epic Games Inc.

Getty Images Inc.

GitHub Inc.

Google LLC

Great West Casualty Co.

HP Inc.

Hamilton Beach Brands Inc.

Harvard University

Intellectual Ventures Management LLC

International Justice Mission

Intuitive Surgical

Johnson Rice & Co. LLC

L'Oreal SA

LG Electronics Inc.

LKQ Corp.

LinkedIn Corp.

Los Angeles Rams

Lutron Electronics Co. Inc.

Lyft Inc.

Madison Square Garden Entertainment Corp.

Major League Baseball Inc.

Maserati North America Inc.

McDonald's Corp.

Microsoft Corp.

Minor League Baseball

NASDAQ Inc.

National Congress of American Indians

Native American Rights Fund Inc.

New Jersey State Bar Association

New York Knicks

New York Rangers

New York University

Paypal Holdings Inc.

Qualtrics

Raytheon Technologies Corp.

SAS Institute Inc.

SRI International Inc.

Silver Lake

Software AG Inc.

Tesla Inc.

The Goldman Sachs Group Inc.

The Leadership Conference on Civil & Human Rights

The State University of New York

TikTok Inc.

Trump Organization Inc.

Tyler Technologies Inc.

Valve Corp.

Walmart Inc.

Wi-LAN Inc.

Xerox Holdings Corp.

Yahoo Inc.

LAW FIRMS IN TODAY'S NEWS

Abraham Fruchter

Ahdoot & Wolfson

Aidala Bertuna

Andrews & Springer

Arnold & Porter

Ashby & Geddes

Axinn Veltrop

Baker Botts

Bartlett LLP

Berger Montague

Bernstein Litowitz

Boies Schiller

Bradley Arant

Brownstein Hyatt

Bryan Cave

Buchalter APC

Caldwell Carlson

Cleary Gottlieb

Clement & Murphy

Cooley LLP

Covington & Burling

Cravath Swaine

DLA Piper

Davidoff Hutcher

De Brauw

Edelson Lechtzin

Epstein Becker

Erise IP

Faegre Drinker

Fisch Sigler

Ford O'Brien

Freshfields

Friedman Oster

Garteiser Honea

Gibbons PC

Gibson Dunn

Girard Sharp

Gordon Rees

Grabar Law

Griffin Durham

Gustafson Gluek

Hamberger & Weiss

Hartley LLP

Hinkle Shanor

Horvitz & Levy

Hunton Andrews

Jackson Murdo

Jenner & Block

Joseph Saveri Law Firm

Kehoe Law Firm

Keker Van Nest & Peters

Kellogg Hansen

Kirby McInerney

Korein Tillery

Latham & Watkins

Law Office of Timothy F. McGoughran

Lewis Baach

Lewis Brisbois

Lieff Cabraser

Lockridge Grindal

McElroy Deutsch

MoginRubin

Monteverde & Associates

Morris Nichols

Morrison Foerster

Munger Tolles

NastLaw

Nelson Mullins

Olivier & Schreiber

Outten & Golden

Paskowitz Law

Perkins Coie

Peter Romer-Friedman Law

Pierson Law LLC

Pillsbury Winthrop

Quinn Emanuel

Radice Law Firm

Reichman Jorgensen Lehman & Feldberg LLP

Richards Layton

Robins Kaplan

Robinson Bradshaw

Ross Aronstam

Saltz Mongeluzzi

Shaffer Lombardo

Shapiro Arato

Sheppard Mullin

Simpson Thacher

Sinergia Technology

Snell & Wilmer

Sullivan & Cromwell

Susman Godfrey

Tauler Smith

Taus Cebulash

The Miller Law Firm PC (Rochester, MI)

Tin Fulton

Venable LLP

Vorys

Weil Gotshal

Wexler Boley

Wheeler Trigg

Williams & Connolly

Williams Law Firm

WilmerHale

Womble Bond

Zuckerman Spaeder

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Attorney General's Office

California Department of Justice

California Supreme Court

Confederated Salish & Kootenai Tribes

Executive Office of the President

Federal Communications Commission

Food and Drug Administration

Georgia Supreme Court

House Committee on Energy and Commerce

Library of Congress

Manhattan District Attorney's Office

Montana Attorney General's Office

New Jersey Supreme Court

New York State Liquor Authority

North Carolina Department of Justice

North Carolina Judicial Branch

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Defense

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District Court for the Central District of California

U.S. District Court for the District of Delaware

U.S. District Court for the District of Massachusetts

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of New York

U.S. House of Representatives

U.S. Patent and Trademark Office

U.S. Postal Service

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the Northern District of Ohio

United States District Court for the Southern District of Indiana