Analysis

Meta Loss Shows Time Not On Enforcers' Side In Tech Cases

By Bryan Koenig

Meta's triumph over a Federal Trade Commission antitrust case Tuesday hinged on a D.C. federal judge's finding that the company lacks a monopoly in the present day, highlighting some of the challenges of using slow-moving litigation to challenge fast-moving markets.

Read full article » | Save to favorites »

Analysis

Where Apple And Masimo's Watch Patent Fight Stands Now

By Theresa Schliep

The high-octane fight between Apple and Masimo over smartwatch patents escalated again last week, when a California federal jury hit Apple with a $634 million infringement verdict and the U.S. International Trade Commission agreed to assess whether its redesigned products infringe Masimo's patents.

Read full article » | Save to favorites »

Thomson Reuters Balks At AI Co.'s Fair Use Appeal

By Adam Lidgett

Thomson Reuters wants the Third Circuit to back a district court's decision that an artificial intelligence-powered legal search engine's use of Westlaw headnotes did not constitute fair use, saying the AI company "pilfered" copyrightable content to make a competing business.

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

SEC Walks Away From SolarWinds Data Breach Case

By Jessica Corso

The U.S. Securities and Exchange Commission announced Thursday that it was voluntarily dismissing a lawsuit accusing software developer SolarWinds Corp. and its chief information security officer of failing to warn investors about lax cybersecurity standards prior to suffering a massive data breach.

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

Deal To End Twitter Ex-Workers' $500M Severance Suit Falters

By Kellie Mejdrich

A tentative deal to end a proposed class action against X Corp. and Elon Musk alleging Twitter Inc. ex-workers are owed some $500 million in severance has hit a stumbling block, with attorneys representing individual ex-employees disputing how to proceed in federal court in dueling briefs.

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

X Corp. Ends $90M Fee Suit Against Wachtell

By James Mills

X Corp. has ended its California state lawsuit against Wachtell Lipton Rosen & Katz over $90 million in legal fees tied to the fight over Elon Musk's purchase of Twitter, according to a court filing.

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

Ramey Ordered To Pay $95K For Sharing Netflix Info

By Elliot Weld

A California federal judge has ordered patent firm Ramey LLP and its founder to pay Netflix $95,000 in attorney fees for violating a court protective order by sharing confidential documents with a third-party litigation funder.

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

Unlockd Is Latest Google Foe To Seek Judge's Recusal

By Andrea Keckley

Unlockd Media has become at least the second Google antitrust foe to seek the recusal of U.S. District Judge Haywood S. Gilliam Jr. over his close relationship with Google's vice president for litigation and discovery.

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

Warner Music, Udio Settle AI Music Copyright Suit

By Elliot Weld

Warner Music Group and artificial intelligence music generator Udio said they settled claims that Udio had used copyrighted music to train its AI models and announced a collaboration to create a licensed AI music service.

Read full article » | Save to favorites »

Renewed Federal Push To Block State AI Laws Faces Backlash

By Allison Grande

The Trump administration is pushing to revive a failed effort to stop states from regulating artificial intelligence systems, drawing opposition from California's data privacy regulator, consumer advocates and others that argue it's crucial for states to retain their ability to put guardrails on the emerging technology in the wake of continued federal inaction.

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

Analysis

Importers Left With Uncertainty After US-China Trade Truce

By Dylan Moroses

U.S. importers have welcomed the latest trade truce with China and the ability to obtain key minerals without new licensing requirements for the next year, but continue to have questions about how commitments in the bilateral agreement will be met and concerns about risks of escalation.

Read full article » | Save to favorites »

Congressional Dems Revive Bill To Curb Rental Price-Fixing

By Nate Beck

A group of Democratic lawmakers have reintroduced legislation in Congress to crack down on landlords using algorithms to systematically raise rental prices.

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

Fed's Cook Says AI Could Either Steady Wall Street Or Rig It

By Hailey Konnath

Federal Reserve Board Gov. Lisa Cook said Thursday that the use of artificial intelligence in algorithmic trading in financial markets has the potential to improve on current trading, but it also has the potential to create "risks that are difficult to monitor or mitigate."

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

FCC Rescinds Contested Biden-Era Cybersecurity Ruling

By Christopher Cole

The Federal Communications Commission on Thursday reversed a ruling made late in the Biden administration that required new steps from telecoms to beef up cybersecurity, even as an FCC Democrat decried the move as gutting the agency's response to the Salt Typhoon cyberattack.

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

FCC Pushes Upper C-Band Spectrum Auction Forward

By Christopher Cole

A prime piece of midband spectrum will likely go on the auction block soon after the Federal Communications Commission on Thursday kicked off new rules opening a portion of upper C-band airwaves for flexible wireless use.

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

Fed. Circ. Shoots Down Bot Patent Claim In Google Challenge

By Adam Lidgett

The Federal Circuit on Thursday reversed the Patent Trial and Appeal Board's finding that upheld one of the claims in a Nobots LLC's bot-detecting patent challenged by Google, finding that the PTAB incorrectly interpreted the claim.

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

Musk Lied About Tesla To Fund Twitter Buy, 9th Circ. Told

By Bonnie Eslinger

Tesla shareholders urged the Ninth Circuit Thursday to revive their allegations that Elon Musk lied about the capabilities and safety record of Tesla's self-driving technology, saying the district court erred in finding no evidence of fraudulent intent since the billionaire clearly needed to boost Tesla's share price to buy Twitter.

Read full article » | Save to favorites »

9th Circ. Urged To Revive Google Maps Antitrust Suit

By Dorothy Atkins

App makers urged the Ninth Circuit on Thursday to revive a proposed class action targeting Google's Maps product, arguing that the lower court erred in failing to accept at the pleading stage their antitrust arguments that Google's terms suppressed competition, allowing Google to increase developer costs up to 1,400%.

Read full article » | Save to favorites »

Adidas Must Face Claim It Shared Info With Microsoft, TikTok

By Craig Clough

A California federal judge has denied a motion from Adidas to toss a proposed class action alleging the apparel company violated a California privacy statute by placing tracking pixels from TikTok Pixel and Microsoft Bing on its website, finding the trackers plausibly constitute a "pen register" under state law. 

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

New Trial Bid Denied After $57M Coal Emissions IP Verdict

By Adam Lidgett

A Delaware federal magistrate judge won't order a new trial after a jury found in 2024 that companies affiliated with CERT Operations owed Midwest Energy Emissions Corp. more than $57 million for infringing patents on technology for refining coal to reduce mercury in emissions from power plants.

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

DocGo Investors Get First OK For $12.5M Settlement

By Sydney Price

Investors of mobile medical provider DocGo have received preliminary approval of their $12.5 million settlement of claims that the company deceived stockholders before a $432 million contract with New York City to provide emergency migrant housing came under public scrutiny.

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

Data Breach Suit Against Circle K Franchisee Wraps Up

By Kelcey Caulder

A group of ex-workers who sued a franchisee of gas and convenience store chain Circle K over a May 2024 data breach have agreed to end their proposed class action, according to a Georgia federal court filing. 

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

Chancery Says $33M Nikola Deal 'More Than Fair'

By Jarek Rutz

Delaware Chancellor Kathaleen St. J. McCormick granted final approval Thursday to a pair of settlements totaling more than $33 million, including more than $1.8 million in fees and expenses, resolving years of shareholder litigation tied to Nikola Corp.'s fraud-shadowed SPAC merger.

Read full article » | Save to favorites »

Roblox Can't Get Teen Grooming Suit Arbitrated

By Emily Field

A California state judge said Roblox couldn't compel a minor to arbitrate his claims that he was targeted and exploited by a sexual predator on the online gaming platform, saying that a recent federal law aimed at ending forced arbitration in sexual assault and harassment cases isn't limited to workplaces.

Read full article » | Save to favorites »

UiPath Execs Want Derivative Suit Axed Over Board Demand

By Katryna Perera

The top brass of UiPath have hit back against a derivative suit in Delaware Chancery Court, arguing the plaintiff shareholder did not make a presuit demand on the company's board and that the complaint merely copies claims from a separate federal class action that was dismissed.

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

Dell Says Atty's Pregnancy Bias Suit Belongs In Arbitration

By Grace Elletson

A former in-house attorney for Dell can't pursue a lawsuit alleging that the company fired her because she chose to work remotely to accommodate her high-risk pregnancy, the technology company told a Massachusetts federal judge, arguing she is bound by an arbitration agreement.

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

Legal Marketing Co. Misclassified Call Center Reps, Suit Says

By Irene Spezzamonte

A legal marketing and client support company misclassified call center representatives as independent contractors despite exercising control over their working conditions in a manner typical of employers, a worker claimed in a proposed collective action filed in New Jersey federal court Thursday.

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

Hisense USA Overhypes TVs As 'QLED,' False Ad Suit Says

By Gina Kim

Hisense USA customers filed a proposed class action in California federal court on Wednesday, accusing it of falsely marketing its televisions as implementing QLED displays that help deliver brighter pictures, even though they either do not contain that technology or contain such negligible amounts that do not materially boost performance or display outputs.

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

Nokia, Tesi Plug €100M Into Partnership With AI Defense Biz

By Jade Martinez-Pogue

Telecommunications giant Nokia and European artificial intelligence lab NestAI on Thursday announced a strategic partnership for AI-powered defense solutions, featuring a €100 million ($115.4 million) investment into NestAI by Nokia and Finnish investment company Tesi.

Read full article » | Save to favorites »

Deals Rumor Mill

Big Beer, Bots And Billion-Dollar Bids Top Week's Rumors

By Al Barbarino

Private equity dealmaking and artificial intelligence investment continued to generate a steady flow of market chatter this past week, as reports pointed to fresh fundraising efforts, potential take-private bids, and early-stage talks across the technology, energy and consumer sectors.

Read full article » | Save to favorites »

Ex-SDNY Chief Rejects Claim Of Broken FTX Plea Promise

By Pete Brush

Former interim Manhattan U.S. Attorney Danielle Sassoon told a federal judge Thursday that she never promised crypto lobbyist Michelle Bond any kind of no-prosecute deal as the government negotiated a guilty plea with Bond's husband, former FTX executive Ryan Salame.

Read full article » | Save to favorites »

State AGs Want Further HPE-Juniper Integration Barred

By Bryan Koenig

The Democratic state attorneys general challenging the controversial U.S. Department of Justice settlement clearing Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks want a California federal judge to bar the companies from "further integration" while they push the court to reject the deal outright.

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

Contradictory Rulings Show Complexity Of Swaps Regulation

Recent divergent rulings, including two by the same Nevada judge, on whether the Commodity Exchange Act preempts state gambling laws when applied to event contracts traded on U.S. Commodity Futures Trading Commission-regulated markets illustrate the uncertainty regarding the legality of prediction markets, say attorneys at Akin.

Read full article » | Save to favorites »

IP Ownership Risk Grows In Booming Cancer Drug Market

The ownership of intellectual property has become strategically decisive in deals involving valuable cancer therapeutics known as ADCs, as highlighted by the recent Takeda-Innovent deal, with the commercial value of a license resting on the integrity and defensibility of the underlying technology, say attorneys at Loeb & Loeb.

Read full article » | Save to favorites »

8th Circ. Decision Shipwrecks IRS On Shoals Of Loper Bright

The Eighth Circuit’s recent decision invalidating transfer pricing regulations in 3M Co. v. Commissioner may be the most significant tax case implementing Loper Bright's rejection of agency deference as a judicial tool in statutory construction, says Edward Froelich at McDermott.

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

How New Law Transforms Large-Load Power Projects In Texas

S.B. 6 — the new Texas law that revises state regulations for large electrical loads and related behind-the-meter projects — introduces higher up-front costs for developers and more flexible operating models for large-load customers, but should provide the certainty needed for greater investment in generation, say attorneys at Sidley.

Read full article » | Save to favorites »

Rule Amendments Pave Path For A Privilege Claim 'Offensive'

Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.

Read full article » | Save to favorites »

Series

My Miniature Livestock Farm Makes Me A Better Lawyer

Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.

Read full article » | Save to favorites »

Bonus Spotlight

Law Firms Begin Upping The Ante For Associate Bonuses

By Tracey Read

Trial boutique Wilkinson Stekloff LLP is exceeding the year-end associate bonus scale set by Cravath Swaine & Moore LLP, announcing bonuses late Wednesday that are 150% of market.

Read full article » | Save to favorites »

CFPB Will Shift Remaining Lawsuits Over To DOJ

By Jon Hill

The Consumer Financial Protection Bureau will be handing off its enforcement lawsuits and other litigation to the U.S. Department of Justice as the Trump administration prepares for the consumer agency to run out of money, Law360 has learned.

Read full article » | Save to favorites »

Analysis

Trump's Epstein Directive Puts SDNY Prosecutor In A 'Pickle'

By Phillip Bantz

Manhattan chief federal prosecutor Jay Clayton appears to have been backed into a "horrible" corner with a "no-win" outcome as a result of a directive from President Donald Trump and U.S. Attorney General Pam Bondi to investigate Jeffrey Epstein's ties to prominent Democrats, experts say.

Read full article » | Save to favorites »

Comey Says DOJ's Conduct 'Shocks The Conscience'

By Hailey Konnath

James Comey on Thursday reiterated his request that the U.S. Department of Justice be forced to disclose all grand jury materials related to his indictment, noting the government has conceded that the grand jury never saw the operative indictment and saying the purported misconduct "shocks the conscience."

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

NJ Panel Expands Scope Of Ex-Reed Smith Atty's Bias Claims

By Rose Krebs

A New Jersey appellate panel on Thursday ruled that a former Reed Smith LLP attorney is entitled to pursue more damages and obtain expanded wage data in her gender discrimination suit against the firm, saying a trial court incorrectly applied certain statutes when it limited the damages and data she could seek.

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

Senate Panel OKs Miss. Judge, US Atty Nominees After Delay

By Courtney Bublé

After weeks of holdup, nominees for Mississippi federal courts and U.S. attorneys were voted out of committee on Thursday, following an impasse between Republican senators.

Read full article » | Save to favorites »

Brief

Senate Passes Bill To Protect State Judges From Threats

By Courtney Bublé

The Senate on Thursday unanimously passed a bipartisan bill to beef up security for state and local judges.

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

DOJ Antitrust Chief Says Agriculture A 'Top Priority'

By Matthew Perlman

The U.S. Department of Justice's top antitrust official said enforcers have already opened several investigations in the agriculture sector, including into meatpackers at the direction of President Donald Trump, and called the industry a "top priority" for the agency.

Read full article » | Save to favorites »