Companies that generate revenue from patents are seeing less willingness to negotiate in recent years among businesses they approach about potential licenses, requiring more litigation in order to reach agreements, executives from IBM, InterDigital and others said Monday.
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TUESDAY, APRIL 16, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Resistance To Patent Licenses Drives More Suits, Execs Say

By Ryan Davis

Companies that generate revenue from patents are seeing less willingness to negotiate in recent years among businesses they approach about potential licenses, requiring more litigation in order to reach agreements, executives from IBM, InterDigital and others said Monday.

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Microsoft, Walmart CLOs Recognized For Integrity, Creativity

By Michele Gorman

The legal chiefs at Microsoft and Walmart are among about a dozen leading corporate lawyers who soon will be recognized at the Burton Awards as "Legends in Law" for their track records of addressing complex matters and creativity in solving challenges.

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EEOC Maintains Broad Take On PWFA In Final Rule

By Vin Gurrieri

The U.S. Equal Employment Opportunity Commission unveiled its final rule implementing the Pregnant Workers Fairness Act on Monday, largely adopting a sweeping pro-worker interpretation of the year-old law.

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Analysis

Justices Leave Lower Courts To Parse Corporate 'Half-Truths'

By Jessica Corso

A recent U.S. Supreme Court ruling that corporate silence isn't enough to form the basis of a securities fraud suit pointedly declined to wade into the question of what counts as a "half-truth," leaving it to lower courts to wrestle with which corporate statements are blurry enough to sustain a shareholder class action.

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Attys In Google Maps Case Chided For Wordy Footnotes

By Rose Krebs

A California federal judge has flagged attorneys representing Google Maps customers in an antitrust action for submitting a filing with "numerous excessively long footnotes," and threatening sanctions if they don't provide a reasonable explanation to the court.

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Exxon Seeks $1.8B Tax Refund As Qatar Deal Trial Opens

By Spencer Brewer

Exxon Mobil Corp. argued Monday in Texas federal court that its deal with Qatar to extract natural gas from the country's coast was a partnership, rather than a lease agreement, saying at the start of a trial that it's entitled to get $1.8 billion in tax benefits back from the IRS.

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Apple Defends Anti-Steering Rule Compliance In Epic Case

By Matthew Perlman

Apple told a California federal court it has fully complied with an order barring anti-steering rules in its App Store and said complaints from Epic Games, Microsoft and others about its compliance are just efforts by the companies to pad their own profits.

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MGM Slams FTC Probe After Cyberattack During Khan Visit

By Hailey Konnath

MGM Resorts International on Monday accused the Federal Trade Commission of launching an "unconstitutional" investigation into its data protection practices after FTC Chair Lina Khan stayed at an MGM hotel in Las Vegas during a major cyberattack last year, according to a suit filed in D.C. federal court.

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Ex-Medical Co. GC's Suit Against Loeb & Loeb Gets Trimmed

By Madison Arnold

A Colorado federal court has narrowed a lawsuit by a former medical device company's in-house attorney against Loeb & Loeb LLP and an ex-firm attorney for pursuing claims on behalf of the business alleging that he stole its trade secrets.

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ENFORCEMENT

'Pig Butchering' Scams' Human Toll Has Experts Alarmed

By Carolina Bolado

Financial institutions, cryptocurrency exchanges and social media companies need to do more to stem a growing tide of so-called pig butchering scams, which experts at the OffshoreAlert Conference in Miami said Monday are wreaking havoc on victims while funding a large human trafficking operation.

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LITIGATION

Trump Accused Of Witness Threats As Jury Selection Begins

By Frank G. Runyeon and Stewart Bishop

The Manhattan district attorney's office on Monday asked the judge overseeing Donald Trump's hush money trial to find Trump in contempt for flouting the court's gag order barring witness intimidation, on day one of jury selection in the first criminal trial of a former U.S. president.

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Hytera Still Not Doing All It Can To Stop Fine, Motorola Says

By Lauraann Wood

Hytera Communications has continued to drag its feet as it tries to lift the sanctions against it for participating in Chinese litigation against a court order, Motorola Solutions told the Seventh Circuit, arguing that a district court judge's daily status hearings ensure Hytera is being compelled to comply without being punished.

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Taro Inks $36M Investor Deal Over Generics Price-Fixing

By Lauren Berg

Taro Pharmaceutical Industries shareholders asked a New York federal judge Monday to greenlight a $36 million settlement resolving proposed class claims that the company misled investors about alleged generic drug price-fixing that led to a drop in stock price upon news of a U.S. Department of Justice antitrust investigation.

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Justices Won't Nix FDA Labeling Preemption For State Claims

By Katie Buehler

The Supreme Court on Monday let stand lower court findings that the unique authority of the federal Food and Drug Administration preempted and, therefore, justified dismissing a proposed class action that alleged a Johnson & Johnson subsidiary broke Massachusetts law by misbranding Lactaid drug products as dietary supplements.

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Meta, FTC Pause Constitutionality Fight For High Court Ruling

By Jared Foretek

Meta and the Federal Trade Commission agreed Monday to pause Meta's challenge of FTC changes to a 2020 settlement over user privacy until the U.S. Supreme Court issues a ruling on a similar case involving the U.S. Securities and Exchange Commission.

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McDonald's, Workers Battle Over Future Of No-Poach Case

By Matthew Perlman

Workers suing McDonald's over its past use of no-poach provisions in franchise agreements have told an Illinois federal court the fast food chain is trying to slow down the case after the U.S. Supreme Court declined to take up its appeal.

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Apple Faces Two Suits Over IPhone Market Dominance

By Katryna Perera

Apple has been hit with a pair of suits alleging it has unfairly stifled competition in the smartphone market and that its practices and iPhone sales have violated federal securities and antitrust laws.

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1st Circ. Reopens Fired Whole Foods Worker's BLM Mask Suit

By Patrick Hoff

The First Circuit reinstated a lawsuit accusing Whole Foods of unlawfully disciplining and then firing an employee who wore a Black Lives Matter mask at work, overturning the Amazon-owned supermarket chain's pretrial win.

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Google Says Worker Fired Over Threats, Not Bipolar Disorder

By Patrick Hoff

Google told a California federal court it should toss a lawsuit alleging the tech giant fired an employee because he took medical leave due to his bipolar disorder, arguing he was let go because of threatening emails he sent rather than his mental illness.

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Republican AGs Ask 5th Circ. To Knock Out DOL Rule For ESG

By Grace Elletson

A group of Republican-led states have urged the Fifth Circuit to scrap a U.S. Department of Labor rule allowing retirement advisers to consider social and political issues when choosing investments, arguing that the agency is flouting protections set in stone by federal benefits law.

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Tesla Workers' Atty Rips Claim Of Influence Over State Agency

By Dorothy Atkins

Counsel representing a putative class of roughly 6,000 Black Tesla workers alleging the automaker has allowed racism to run rampant at its California factory fired back during a class certification hearing Monday, calling Tesla's suggestion that plaintiffs counsel are driving the state's civil-rights litigation "beyond preposterous."

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DEALS

Trump Media Files To Register More Shares For Potential Sale

By Tom Zanki

The owner of former President Trump's newly public social media platform Truth Social filed paperwork on Monday to issue an additional 21.5 million shares and register for resale about 146 million existing shares, including a large stake owned by Trump.

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PEOPLE

Ballard Spahr Adds Benefits Pro In Ga. From Union Pacific

By Christine DeRosa

An employee benefits and executive compensation attorney has moved to private practice at Ballard Spahr LLP after spending more than a decade in-house at Union Pacific Railroad.

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Pittsburgh University GC Returns To Littler

By Jack Rodgers

Littler Mendelson PC has rehired a former associate, who left the firm to join her alma mater as its associate general counsel more than a decade ago, the firm announced Monday.

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EXPERT ANALYSIS

New Proposal Signals Sharper Enforcement Focus At CFIUS

Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.

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Oracle Ruling Underscores Trend Of Mootness Fee Denials

The Delaware Chancery Court’s recent refusal to make tech giant Oracle shoulder $5 million of plaintiff shareholders' attorney fees illustrates a trend of courts raising the standard for granting the mootness fee awards once ubiquitous in post-merger derivative disputes, say attorneys at Troutman Pepper.

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Opinion

Anti-DEI Complaints Filed With EEOC Carry No Legal Weight

Recently filed complaints against several companies' diversity, equity and inclusion programs alleging unlawful discrimination against white people do not require a response from the U.S. Equal Employment Opportunity Commission, and should not stop employers from rooting out ongoing discriminatory practices, says former EEOC general counsel David Lopez.

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LEGAL INDUSTRY

Justice Thomas Misses Monday's Supreme Court Arguments

By Katie Buehler

U.S. Supreme Court Justice Clarence Thomas was absent Monday for oral arguments examining disputes over whether accepting illegal gratuities without a quid pro quo is prohibited under a federal bribery statute and what test courts should apply when determining whether malicious prosecution claims can proceed. 

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Justices Face Off Over Shadow Docket Procedures

By Katie Buehler

The U.S. Supreme Court's internal disagreements over how to manage its emergency docket were on full display Monday in its decision allowing Idaho to enforce a ban on gender-affirming care for minors — a case the court's liberals said wasn't worthy of their intervention, but its conservatives touted as a win in the fight against universal injunctions.

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Consumer Class Action Trio Joins Morgan Lewis From Crowell

By Tracey Read

Morgan Lewis & Bockius LLP said Monday that it has added three partners from Crowell & Moring LLP to its consumer class action and product liability practice.

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Analysis

Dueling Bills Highlight Partisan Divide Over 'Judge Shopping'

By Courtney Bublé

Dueling proposals to limit so-called judge shopping were unveiled by Senate party leaders last week, sparking optimism that Congress will rein in plaintiffs' ability to bring cases before judges they think will be friendly to their views, while others raised questions about the proposals' feasibility.

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Analysis

Stressed About The Trump Trial? Imagine How The Attys Feel

By Cara Salvatore

A trial-of-the-century moment like Donald Trump's New York criminal case heaps singular attention and pressure on the lawyers involved — and a commensurate need for smart stress relief tactics during months of prep, lawyers who have taken on landmark cases say.

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Trump Tells Justices Impeachment Required For Prosecution

By Katie Buehler

Former President Donald Trump told the U.S. Supreme Court on Monday that the "inevitably and unavoidably" political nature of prosecuting a former president requires input from Congress, arguing the U.S. Constitution's framers carefully wrote the impeachment clause to act as an initial hurdle for criminal prosecutions.

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Prosecutor Says Trump Can't Keep Punting Docs Deadlines

By Carolina Bolado

The special counsel prosecuting former President Donald Trump over the alleged mishandling of classified documents at his Mar-a-Lago estate has asked a Florida federal judge to deny Trump's request for another delay, arguing Trump should not be able to use a trial against him in New York to further delay the proceeding.

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Baltimore Taps DiCello Levitt, Saltz Mongeluzzi For Key Bridge

By Lauren Berg

The city of Baltimore announced Monday it has hired DiCello Levitt and Saltz Mongeluzzi Bendesky PC as it plans legal action against those responsible for a container ship destroying the Francis Scott Key Bridge last month, the same day FBI agents boarded the ship as part of a criminal investigation.

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Law Firm Shooting Victim Was 'In Constant Fear,' Family Says

By Lauren Berg

A woman who was killed in a shooting that also took the life of her husband, prominent Las Vegas personal injury lawyer Dennis Prince, "lived in constant fear for her safety" as she battled her ex-husband for custody of their two young children, her parents said Monday.

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Harvard Says Antisemitism Case Not 'Legally Appropriate'

By Julie Manganis

Harvard University has said a lawsuit seeking to force it to submit to court-ordered monitoring and other conditions following allegations of antisemitism on campus "is neither an effective nor legally appropriate vehicle" to address the issue.

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Promo that reads 2023 Practice Groups of the Year Promo that reads 2023 Law Firm Culture Survey

LAW FIRMS IN TODAY'S NEWS

A&G Law LLC

Adkins Kelston

Baker McKenzie

Balestriere Fariello

Ballard Spahr

Bernstein Liebhard

Bernstein Litowitz

Brand Woodward

Bryan Cave

Bryan Schwartz Law

Casey Gerry

Cleary Gottlieb

Cohen Milstein

Continental PLLC

Cravath Swaine

Crowell & Moring

DLA Piper

Davis Polk

Davis Wright Tremaine LLP

Dewey & LeBoeuf

DiCello Levitt

Donnelly Conroy

Duane Morris

Earth & Water Law

Faegre Drinker

Gibson Dunn

Hilgers Graben

Holland & Knight

Honigman LLP

Jackson Lewis PC

Jones Day

Kasowitz Benson

King & Spalding

Kirkland & Ellis

Lauro & Singer

Lichten & Liss Riordan

Lieff Cabraser

Littler Mendelson

Loeb & Loeb

McGuireWoods

Morgan Lewis

NechelesLaw

Nelson Mullins

Nematzadeh PLLC

O'Melveny & Myers

Peretz & Associates

Reed Smith

Resnick & Louis

Saltz Mongeluzzi

Scott & Corley

Shearman & Sterling

Shook Hardy

Skadden Arps

Squire Patton

Steptoe LLP

Sterne Kessler

Stradley Ronon

Treece Alfrey

Troutman Pepper

Weil Gotshal

Williams & Connolly

WilmerHale

​Bottini & Bottini

COMPANIES IN TODAY'S NEWS

A Better Balance

A.P. Moller-Maersk

AbbVie Inc.

Allergan PLC

Alphabet Inc.

Amazon.com Inc.

American Bar Association

American Board of Trial Advocates

American Media Inc.

Apple Inc.

Binance Holdings Ltd.

Brennan Center for Justice

California Western School of Law

Chevron Corp.

Coinbase Global Inc.

Digital Content Next

Epic Games Inc.

Ethereum GmbH

Exxon Mobil Corp.

George Washington University

Georgia-Pacific LLC

Google LLC

Groupon Inc.

Harvard University

Huobi Global Ltd.

IPValue Management Inc.

InterDigital Inc.

International Business Machines Corp.

International Legal Finance Association

Intuit Inc.

Johnson & Johnson

Kellogg Co.

Las Vegas Review-Journal Inc.

Lincoln National Corp.

LinkedIn Corp.

MGM Resorts International

Macquarie Infrastructure Corp.

Macy's Inc.

Magellan Health Inc.

Major League Baseball Inc.

Mars Inc.

Match Group LLC

McDonald's Corp.

Medtronic PLC

Meta Platforms Inc.

Microsoft Corp.

Motorola Solutions Inc.

NASDAQ Inc.

National Association of Home Builders

NetSuite Inc.

Netflix Inc.

Nuance Communications Inc.

Oracle Corp.

Pacific Premier Bancorp Inc.

Packaging Corp. of America

Perrigo Co. PLC

Spotify Technology SA

State Farm Mutual Automobile Insurance Co.

T-Mobile US Inc.

Taro Pharmaceutical Industries Ltd.

Tesla Inc.

The Goldman Sachs Group Inc.

Trump Organization Inc.

Twitter Inc.

Union Pacific Corp.

University of Central Arkansas

University of Virginia

Vitamin Shoppe Inc.

Walmart Inc.

Walt Disney Parks & Resorts Worldwide Inc.

Whole Foods Market Inc.

Willis Towers Watson PLC

Xoom Corp.

YouTube Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Arkansas Teacher Retirement System

California Civil Rights Department

Committee on Foreign Investment in the United States

Delaware Court of Chancery

Equal Employment Opportunity Commission

Executive Office of the President

Federal Bureau of Investigation

Federal Trade Commission

Food and Drug Administration

Internal Revenue Service

Library of Congress

Manhattan District Attorney's Office

Maryland Department of Transportation

National Archives and Records Administration

National Highway Traffic Safety Administration

National Labor Relations Board

National Transportation Safety Board

U.S. Army Corps of Engineers

U.S. Coast Guard

U.S. Consumer Product Safety Commission

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of Transportation

U.S. Department of the Treasury

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

U.S. District Court for the District of Columbia

U.S. District Court for the District of Delaware

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of New Jersey

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 Northern District of Texas

U.S. District Court for the Southern District of Florida

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

U.S. House of Representatives

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado