Tech Prices, Driver Networks Hang Over DoorDash Tie-Up

By Bryan Koenig

Antitrust observers told Law360 Thursday they expect significant scrutiny of DoorDash's plan to acquire Instacart for an equity value of approximately $17 billion, pointing to the overlap between their restaurant and grocery delivery services, and the timing of the deal just as the Federal Trade Commission launches a surveillance pricing investigation.

Read full article » | Save to favorites »

3 Firms Steer $17B DoorDash-Instacart Grocery Delivery Deal

By Al Barbarino

DoorDash Inc. said Thursday it has agreed to acquire Instacart for an equity value of approximately $17 billion, with Latham & Watkins LLP advising DoorDash and Cravath Swaine & Moore LLP and Cooley LLP representing Instacart. 

Read full article » | Save to favorites »

Tech In-House Attys Say AI Rivals Humans At Writing Patents

By Ryan Davis

Current and former in-house counsel from Google and Meta said at a conference Thursday that the ability of artificial intelligence to write patent applications is rapidly improving, and that in blind tests, experienced attorneys often deem AI-drafted patents to be superior to those from humans.

Read full article » | Save to favorites »

9th Circ. Drops Speech Holding In Seattle Gig Worker Ruling

By Benjamin Morse

The Ninth Circuit on Thursday withdrew its earlier finding that Seattle's protections for app-based delivery workers don't regulate speech, replacing it with a narrower ruling that assumes the law involves speech but still passes First Amendment scrutiny.

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

US Tells Justices FedEx Can't Appeal Interested Party Order

By Elliot Weld

The U.S. government has urged the U.S. Supreme Court to ignore a petition from FedEx Corp. seeking review of whether Qualcomm Inc. complied with real-party-in-interest requirements when it challenged FedEx patents, saying the Federal Circuit got it right by declining to hear the case.

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

Judge Stark Advises Attys To Confront Flaws In Their Cases

By Ryan Davis

Federal Circuit Judge Leonard Stark suggested at a conference Thursday that attorneys can improve their odds of success on appeal by addressing the weaknesses in their cases and explaining why they should still prevail, since that is how judges think when making decisions.

Read full article » | Save to favorites »

Judge 'Put Off' By Atty Fee Bid In $59.5M Menstrual App Deal

By Bonnie Eslinger

A California federal judge said Thursday that he'll give final approval to a $59.5 million settlement resolving class claims over a menstrual tracking app sharing sensitive health data with Google, but he cut the $19 million attorney fee request by 5%, saying counsel is "taking money out of consumers' pockets."

Read full article » | Save to favorites »

Gov't Urges Court To Dismiss $50B Ligado Takings Case

By Madeline Lyskawa

The federal government has urged the U.S. Court of Federal Claims to dismiss Ligado's attempt to secure $50 billion over claims the Pentagon prevented the company from using valuable spectrum rights it bought for exclusive use to build a terrestrial wireless network.

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

Meta Faces Senate Inquiry Over AI Glasses Privacy Risks

By Lauren Berg

Two Democratic senators on Thursday launched an investigation into allegations that Meta Platforms' "smart" glasses capture sensitive images of users and bystanders without their consent and use the data to train the tech giant's artificial intelligence models.

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

NY Bars AI Chatbots From Using Emotional Tactics With Kids

By Dorothy Atkins

New York Gov. Kathy Hochul signed a law Wednesday that creates a regulatory framework restricting artificial intelligence chatbots' emotional interactions with minors, spurring swift pushback from business groups, which criticized the legislation for allegedly being unconstitutionally vague and overly broad.

Read full article » | Save to favorites »

House Bill Would Increase Oversight Of Antitrust Settlements

By Matthew Perlman

Rep. Jamie Raskin, D-Md., introduced proposed legislation Thursday that would increase court scrutiny of antitrust settlements reached by federal enforcers, with the lawmaker saying more oversight is needed after the White House's involvement in recent cases.

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

Squires Grants 4 Patent Review Bids In Latest Bulk Order

By Adam Lidgett

U.S. Patent and Trademark Office Director John Squires has greenlighted four new petitions seeking review of patents in his latest round of decisions, while turning down one on discretionary grounds.

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

FCC Agrees To Rules Targeting Some Foreign Test Labs

By Christopher Cole

The Federal Communications Commission voted Thursday to block recognition of equipment testing labs in countries that do not similarly recognize U.S.-based labs.

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

FCC Seeks To Rev Up Satellite Device Coverage

By Christopher Cole

The Federal Communications Commission advanced new rules Thursday that could open 25 megahertz of midband spectrum for new uses, including not only terrestrial wireless but potentially also direct-to-device coverage from satellites.

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

EU Head Affirms Ties With Canada As Member Talks Open

By Jack McLoone

European Commission President Ursula von der Leyen on Thursday reaffirmed the European Union's commitment to strengthening its ties with Canada at the opening of a summit to consider whether to adopt Canada as the EU's first-ever associate member.

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

Canada, UAE Sign Economic Partnership Agreement

By Jack McLoone

Canada and the United Arab Emirates have reached an agreement on a trade deal that is expected to double bilateral trade between the countries, up to CA$7 billion ($5 billion) annually, the Canadian government said, lauding the agreement as being reached in "record time."

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

Brief

US Signs Key Sector Memorandums With Hungary, Finland

By Dylan Moroses

Secretary of State Marco Rubio signed memorandums with Finnish and Hungarian officials Thursday indicating that the U.S. will work together with those trading partners on key minerals, technology and energy policy matters.

Read full article » | Save to favorites »

Brief

EU Pushes China For More Fair Trade Commitments

By Jack McLoone

The European Parliament's Committee on International Trade spent a three-day trip to China pushing for an expansion of a trade framework beyond a recently reached mutual understanding on hybrid vehicles, among other concerns, the committee said Thursday.

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

Fed. Circ. Upholds Decision Wiping Out Cybersecurity Patent

By Elliot Weld

The Federal Circuit on Thursday affirmed a Patent Trial and Appeal Board decision holding that a patent covering methods of monitoring a system for cyberattack detection was invalid as obvious.

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

5th Circ. Sinks Motorola's Discovery Bid For IP Feuds Abroad

By Adam Lidgett

The Fifth Circuit on Thursday reversed a lower court's approval of Motorola's discovery request for use in foreign proceedings in litigation brought by Advanced Standard Communication LLC over allegations of patent infringement, saying the district court "erred legally and analytically."

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

5th Circ. Will Review Texas Content-Filtering Law Ruling

By Aneeta Mathur-Ashton

The Fifth Circuit has granted Texas' request for an en banc rehearing of a July panel opinion that partly upheld a block on the state's new law requiring companies to filter content for underage users.

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

ITC To Review ALJ's Infringement Ruling In Wi-Fi Patent Case

By Adam Lidgett

The U.S. International Trade Commission has said it will look over various parts of an agency judge's findings that Taiwanese electronics manufacturer Asus and another Wi-Fi device seller infringed claims in a couple of patents licensed to Netgear.

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

Uber, Amazon, Instacart Fight NYC Courier Deactivation Law

By Linda Chiem

Uber, Amazon and Instacart have accused New York City of overstepping by enacting a law prohibiting them from "deactivating" delivery couriers without formal notice and investigation, claiming in a new federal lawsuit that the regulation unconstitutionally interferes with their contractual rights.

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

Parents Say Roblox, Discord Can't Compel Arbitration

By Emily Field

Federal law bars Roblox and Discord from compelling sexual assault plaintiffs to arbitrate their claims that the companies enabled adult predators to use their platforms to groom and abuse children, parents have told the California federal court overseeing their suits.

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

Fertility Cos. Accused Of Moving Eggs Without Consent

By Gianna Ferrarin

A national fertility clinic network has been hit with a suit in Los Angeles Superior Court alleging it jeopardized a 50-year-old woman's ability to have a biological child by transporting her frozen eggs across state lines to an automated facility without her permission.

Read full article » | Save to favorites »

Cravath, Kirkland Steer $15.3B ADT Take-Private Deal

By Al Barbarino

New York investment firm Thrive Holdings has agreed to acquire security company ADT in an all-cash transaction for approximately $7.6 billion in equity value and $15.3 billion in enterprise value, ADT announced Thursday.

Read full article » | Save to favorites »

Serval Valued At $3B After $150M Series C Round

By Jade Martinez-Pogue

Enterprise service management and automation platform Serval revealed Thursday that it reached a $3 billion valuation after closing its latest funding round with $150 million in tow.

Read full article » | Save to favorites »

Deals Rumor Mill

BP Board Members Could Favor Biz Break-Up, More Rumors

By Jade Martinez-Pogue

Some board members of oil and gas company BP could be in favor of splitting up the energy giant, Marvell Technology is in "advanced discussions" to acquire laser maker Lumentum in a deal that could be valued at up to $83 billion, and private equity giant TPG considers acquiring British data center group Ark from Elliott Investment Management.

Read full article » | Save to favorites »

Brief

US Bankruptcy Noticing System Back Up After Cyber Event

By Hilary Russ

A BAE Systems Inc. spokesperson said in a statement Thursday the nationwide Bankruptcy Noticing Center has resumed operations following a cybersecurity incident that had brought the system to a halt earlier this month.

Read full article » | Save to favorites »

FCC Floats $4.4M Fine For Boomerang's Alleged Lifeline Fraud

By Aneeta Mathur-Ashton

The Federal Communications Commission proposed a $4.4 million fine against Boomerang Wireless for allegedly defrauding the Lifeline program, which gives discounts on phone and internet services to qualifying low-income Americans.

Read full article » | Save to favorites »

SEC Claims Crypto Firms' Bogus Filings Fueled $130M Scam

By Dorothy Atkins

The U.S. Securities and Exchange Commission hit BG Wealth Sharing Ltd. and crypto-platform DSJ Exchange Pty Ltd. with a civil lawsuit in California federal court Thursday, alleging their scam investment apps defrauded investors out of $130 million by posing as the "world's largest hedge fund" and submitting bogus SEC filings.

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

FTC, States Allege Toast Trapped Restaurants With Fees

By Carolina Bolado

The Federal Trade Commission and eight states sued Toast Inc. on Thursday, accusing the restaurant software company of saddling restaurants with hidden fees, failing to provide promised customer support and making it difficult to cancel its services.

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

Google Cut Worker's Duties After Military Leave, Feds Say

By Vin Gurrieri

Google failed to reinstate a former employee to a similar role after he returned from a yearlong stint in the U.S. Army's Cyber Command unit and eventually laid him off, according to a lawsuit the U.S. Department of Justice filed Thursday in Manhattan.

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

AI Litigation Risks Are Expanding To Affiliated Cos.

Litigation targeting artificial intelligence companies is underway, with claims reaching beyond primary developers and operators to include parties that supply technology and data, invest in and profit from platforms, validate systems, and provide services — so participants in the extended AI ecosystem must prepare, say attorneys at Arnold & Porter.

Read full article » | Save to favorites »

Va. Data Center Order Shows State Air Permit Limits

A consent order over data center air pollution violations proposed by Virginia, which Microsoft recently agreed to, demonstrates why an emergency situation may not excuse state air permit noncompliance, and why emergency power reliability and environmental compliance cannot be evaluated in isolation, says Sanaa Chakibi at SICPA Securink.

Read full article » | Save to favorites »

3 Eligibility Rulings Show Risks Of Broad Claim Constructions

Several recent decisions from the Federal Circuit, including its ruling in Berkeley v. W.W. Grainger, highlight the importance of identifying the inventive aspects of a patent early in the case so that patentees do not inadvertently read the inventive features out of their own claims, say attorneys at MoFo.

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

NHTSA Vehicle Recorder Rule Highlights Crash Data Protocols

An amended rule from the National Highway Traffic Safety Administration will soon require vehicle event data recorders to capture more information about crashes — but to turn that data into evidence, attorneys, claims professionals and fleet managers must properly obtain and preserve it after an incident occurs, says Andrew Haling at Pathway Law.

Read full article » | Save to favorites »

Bid Protest Spotlight: Bait-And-Switch, Scope, Performance

In this month's bid protest roundup, Michael Ols at MoFo offers takeaways from recent decisions examining bait-and-switch protest claims, the scope of a contractor teaming agreement and the use of an affiliate’s past performance.

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

Are You Happy With Your In-House Role? Take Our Survey

Is your company giving you everything you need to succeed? What are some misconceptions about working in-house? Help Law360 Pulse answer these questions and more in this year's In-House Satisfaction Survey.

Read full article » | Save to favorites »

DOJ Backs Ex-Wisconsin Judge's ICE Obstruction Conviction

By Andrea Keckley

The U.S. Department of Justice told the Seventh Circuit that the high-profile conviction of a former Wisconsin state court judge for interfering with an ICE arrest was not compromised by her position on the bench or by jury instructions.

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

Roundup

Hub Hires: WilmerHale, Womble Bond, Kirkland

By Chris Villani

Falling temperatures didn't bring a cooldown in the Boston legal lateral market as WilmerHale and Robinson & Cole LLP both welcomed former assistant attorneys general, Honigman LLP established its first office in the market, and Kirkland & Ellis LLP snagged a partner from Ropes & Gray LLP.

Read full article » | Save to favorites »

Law360's Legal Lions Of The Week

By Kevin Penton

Consovoy McCarthy PLLC and Smith Porsborg Schweigert Armstrong Moldenhauer & Smith lead this week's edition of Law360 Legal Lions, after the Eighth Circuit struck down the Federal Reserve's regulatory cap on the swipe fees that larger banks may collect on debit card transactions.

Read full article » | Save to favorites »

Cyberattack Class Action Against Fox Rothschild Dropped

By Madison Arnold

Three data breach victims have dismissed their proposed class action lawsuit against Fox Rothschild LLP after ransomware group Silent Ransom Group targeted the firm.

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

Ramona Nee, Tapped To Lead Weil, Now In Talks With Kirkland

By Daniel Moritz-Rabson

Ramona Nee, the co-leader of Weil Gotshal & Manges LLP's U.S. private equity practice who had been poised to become its leader, is engaged in talks to join Kirkland & Ellis LLP, a source with knowledge of the situation told Law360 Pulse on Friday.

Read full article » | Save to favorites »

Roundup

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

Meta reached a settlement during jury selection in the second Los Angeles bellwether trial over claims its Instagram platform harms the mental health of children, leaving Snap as the lone defendant facing trial. In the meantime, current and former in-house lawyers for Google and Meta said that the ability of AI to write patent applications is rapidly improving, and that in blind tests, experienced attorneys often deem AI-drafted patents to be superior to those from humans. These are some of the stories in corporate legal news you may have missed in the past week.

Read full article » | Save to favorites »

Jackson Walker Inks $500K Deal In EXCO's Ch. 11 Fee Fight

By Clara Geoghegan

Jackson Walker has agreed to pay EXCO Resources Inc. $500,000 to end litigation over fees paid to the firm while one of its partners was in an undisclosed relationship with the former bankruptcy judge who mediated in the reorganized oil and gas driller's Texas Chapter 11.

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

K&L Gates DQ'd In Trust's Mortgage Loan Agreement Dispute

By Isaac Monterose

A Washington federal judge disqualified K&L Gates LLP from a trust's dispute over a residential mortgage loan sale agreement, ruling that the law firm must leave the suit because it drafted the form agreement used in the transaction.

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

Cruz Counsel Returns To FCC As Space Bureau Chief

By Nadia Dreid

The Federal Communications Commission has named a former employee with experience in both the public and private sectors to head the agency's Space Bureau, after a stint as chief telecommunications counsel to the Senate Commerce Committee.

Read full article » | Save to favorites »

Kalshi Taps Clement For High Court Sports Contracts Fight

By Elaine Briseño

Kalshi has hired appellate heavyweight Paul D. Clement of Clement & Murphy PLLC to represent the company in its potential U.S. Supreme Court battle over whether the prediction markets platform's sports wagering is subject to state or federal oversight.

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