A California federal judge doubled down Tuesday on his concerns that Arizona law firm ClaimsHero is misleading authors to opt out of AI company Anthropic's $1.5 billion deal to end copyright infringement claims, saying the firm appears to be seeking "a nuisance settlement" and warning it against a legal strategy he called "extortion."
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TOP NEWS

Anthropic Judge Warns Firm Against 'Extortion' In Opt-Out Bid

By Bonnie Eslinger

A California federal judge doubled down Tuesday on his concerns that Arizona law firm ClaimsHero is misleading authors to opt out of AI company Anthropic's $1.5 billion deal to end copyright infringement claims, saying the firm appears to be seeking "a nuisance settlement" and warning it against a legal strategy he called "extortion."

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Tenn. Judge OKs $141M In RealPage Landlord Settlements

By Isaac Monterose

A Tennessee federal judge has preliminarily approved $141.8 million worth of class settlements for antitrust claims lodged against landlords that allegedly used RealPage Inc.'s revenue management software to fix rent prices for residential properties.

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Kaiser Cleared To Pay $46M For Sharing Data With Tech Cos.

By Bonnie Eslinger

A California federal judge granted preliminary approval Tuesday to a settlement of at least $46 million from three Kaiser Permanente entities to resolve claims by 13.1 million patients across the country who say it disclosed their information to Google, Microsoft, Twitter and other third parties without consent.

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$255K In Fees To Google For 'Frivolous' Ramey Case Upheld

By Ryan Davis

The Federal Circuit on Tuesday affirmed a California judge's decision that a client of embattled intellectual property firm Ramey LLP must pay nearly $255,000 in fees and sanctions for bringing a "frivolous" patent suit against Google, finding the award to be "entirely proper."

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Fed. Circ. Affirms Akamai's Win In Streaming Patent Fight

By Dani Kass

A California federal judge properly found that Akamai Technologies Inc. didn't infringe streaming patents owned by MediaPointe Inc. and that certain claims were invalid as indefinite, the Federal Circuit said Tuesday.

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Bloomberg Can't Nix Mike Huckabee's IP Suit Over AI Training

By Gina Kim

Bloomberg must face a proposed copyright infringement class action led by former Arkansas Gov. Mike Huckabee alleging the media company used e-books to train its large language model, after a New York federal judge said Monday she can't determine whether the fair use defense applied without "a robust factual record."

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Ex-Nikola CEO Milton Can't Decertify Investor Suit

By Sydney Price

An Arizona federal judge Tuesday rejected former Nikola CEO Trevor Milton's objections to certifying a class of shareholders accusing him and the electric vehicle startup of exaggerating the viability of its prospects, finding the investors have made reasonable progress toward contacting class members.

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Calif. Justices Asked To Review Prosecutors' Alleged AI Errors

By Dorothy Atkins

Nearly two dozen law professors have urged the California Supreme Court to help determine whether county prosecutors should be sanctioned for "apparent serial submission" of artificial intelligence-generated briefs with nonexistent legal citations in multiple criminal proceedings, arguing the alleged misconduct could have "grave consequences for the rule of law."

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Warner Music, Suno Settle AI Suit, Unveil Partnership

By Rae Ann Varona

Warner Music Group and artificial intelligence music startup Suno entered a new music creation partnership that also resolves WMG's copyright lawsuit against the AI-powered platform, the companies announced Tuesday, nearly a week after WMG also announced a settlement and collaboration with another AI music generator.

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POLICY & REGULATION

Former Fox Exec Says Philly Station Complaint Still Valid

By Christopher Cole

A former Fox media executive has called on the Federal Communications Commission to revive the Media and Democracy Project's complaint against Fox TV's Philadelphia station, saying it differs from recently debated "news distortion" complaints against major networks.

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Va. Jails Warn Site Commission Ban Could Curtail Services

By Christopher Cole

Regional jails in Virginia are concerned that a renewed plan to prohibit site commissions from prison phone call providers will eat into the facilities' revenue stream and lead to a reduction in services for incarcerated people.

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Brief

US, Mexico And Canada Environmental Panel To Meet

By Dylan Moroses

The Office of the U.S. Trade Representative announced that the environmental committee organized under the U.S. Mexico Canada Agreement will meet in December, according to a notice published Tuesday. 

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LITIGATION

11th Circ. Lets Fla. Enforce Social Media Law Amid Appeal

By Hailey Konnath

A split Eleventh Circuit panel on Tuesday allowed Florida to enforce its law banning children 13 and under from social media while the Sunshine State appeals a lower court's injunction, ruling that Florida Attorney General James Uthmeier is likely to succeed in his argument that the law is constitutional.

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USPTO Policies Targeted Again In 3 New Mandamus Petitions

By Ryan Davis

Four more companies, including Google and Intel, whose challenges to patents were denied under recently enacted U.S. Patent and Trademark Office policies have filed mandamus petitions at the Federal Circuit arguing the decisions violated the law.

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DoorDash Gets Ameranth's Menu Patent Axed By Alice

By Elliot Weld

A Delaware federal judge has dismissed a case brought by Ameranth Inc. against DoorDash Inc. claiming infringement of its online-ordering patent, saying it merely describes an abstract idea that is not eligible for a patent.

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Maryland Judge Keeps Kids' Privacy Law Challenge

By Jared Foretek

NetChoice's challenge to Maryland's "Kids Code" law regulating online privacy protections for children survived the state's motion to dismiss, after a Maryland federal judge Monday said the trade association had made sufficient claims that the law burdens protected speech.

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Circus, Bank Of America Agree To Wrap Up Online Theft Suit

By Kelcey Caulder

An Atlanta-based circus company and Bank of America have struck a tentative deal to end a lawsuit claiming the financial services giant let online thieves siphon off more than $4.8 million of the circus' funds, according to a filing in Georgia federal court. 

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NJ Panel Confirms Utility Co. Misclassified Workers

By Irene Spezzamonte

A New Jersey utility systems installer should have classified workers on public projects under the prevailing wages for electricians, a New Jersey appellate panel said Tuesday, affirming the state Department of Labor determination that the company owed nearly $159,000 in wages, penalties and fees.

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Yardi Looks To Calif. Win In Wash. Rent-Fixing Suit

By Grace Dixon

Yardi Systems Inc. told a Washington federal court that source code it turned over confirms that its revenue management software doesn't rely on confidential competitor data, echoing defenses that led to one of the first defeats of algorithmic rent-setting antitrust suits.

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Samsung Wants Units Dropped From Netlist IP Suit In Texas

By Elliot Weld

Samsung has asked a Texas federal court to dismiss two U.S.-based units from a patent infringement case filed by Netlist Inc., saying neither one is incorporated or has headquarters in the state of Texas.

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Chinese Chip Co. Says Entity List Status Is 'Irrelevant' In IPRs

By Dani Kass

Yangtze Memory Technologies Co. has told the U.S. Patent and Trademark Office that its presence on a list flagging national security risks has nothing to do with its challenge to Micron Technology Inc.'s patents and that Micron shouldn't be able to "weaponize" that list for its own benefit.

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Medical AI Co. Accused Of 'Smear Campaign' Against Rivals

By Julie Manganis

Two rivals of medical artificial intelligence platform OpenEvidence have told a Massachusetts federal judge the startup has used the courts in a campaign of "deceit, harassment and defamation" against competitors.

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LendingTree's QuoteWizard Unit Hit With Telemarketing Suit

By Gina Kim

Lending Tree's insurance comparison subsidiary QuoteWizard.com LLC violated the Telephone Consumer Protection Act by placing unsolicited prerecorded telemarketing calls to people's phones without first getting their express consent, according to a proposed class action filed Monday in North Carolina federal court.

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TextNow Accuses NC Rival Of Exploiting Its Trademark

By Abigail Harrison

Canadian text and calling service company TextNow Inc. accused a U.S. competitor of willfully infringing on its lucrative trademarks via websites, advertising and a mobile app, according to a lawsuit filed in North Carolina federal court.

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Healthcare Software Founders Sue In Del. For Sale Details

By Jeff Montgomery

A couple who sold their healthcare software business to an interest of Elevate RCM Holdings LLC before the buyer allegedly resold it for a reported $1 billion sued for company records in Delaware's Court of Chancery late Monday, seeking documents needed to confirm the deal's fairness.

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DEALS

Bridgepoint Buys Majority Stake In Crypto Audit Firm

By Jade Martinez-Pogue

Middle-market private equity firm Bridgepoint Group, led by Cleary Gottlieb Steen & Hamilton LLP, on Tuesday revealed plans to take a majority stake in British digital asset assurance and technology solutions provider ht.digital, led by Dentons.

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GOVERNMENT CONTRACTS

IT Contractor Fights $6.8M Verdict In FAA Contract Dispute

By Carolyn Muyskens

An information technology company has asked a Michigan judge to erase or reduce a $6.8 million verdict finding the company caused a competitor to lose a Federal Aviation Administration contract, saying there was no basis for the jury's award.

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INTERNATIONAL ARBITRATION

Bitcoin Depot Unit Hit With $18.5M Arbitration Award

By Joyce Hanson

The parent of a Canadian company that develops software allowing global network users to deposit cash for Bitcoin or exchange Bitcoin for cash said its subsidiary was hit with an $18.47 million arbitral award in a dispute with a bankrupt operator of cryptocurrency ATMs.

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ENFORCEMENT

John Deere Rival Can't Appeal Info Safeguards In FTC Case

By Lauraann Wood

A Deere & Co. competitor looking to shield confidential information it produced for a U.S. Federal Trade Commission right-to-repair investigation from related multidistrict litigation targeting Deere cannot tap the Seventh Circuit to resolve legal questions surrounding its failed protective order request, an Illinois federal judge said.

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FTC, Ticket Resellers Look To Toss Dueling BOTS Act Cases

By Matthew Perlman

Ticket brokers have asked to toss the Federal Trade Commission's case accusing them of bypassing Ticketmaster limits to buy and resell hundreds of thousands of concert tickets, while the commission asked to nix a preemptive case seeking to block the enforcement action.

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EXPERT ANALYSIS

Motorola Ruling Solidifies Discretionary Authority Of USPTO

The Federal Circuit's latest ruling in In re: Motorola Solutions Inc. underscores the finality and discretionary nature of the finality of Patent Trial and Appeal Board institution decisions, and clarifies that neither interim guidance nor shifting administrative policy creates substantive rights for petitioners, say attorneys at Morgan Lewis.

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UK Getty Ruling Tests Balance Of IP Rights And AI Industry

The recent Getty Images v. Stability AI High Court decision, rejecting copyright claims while upholding limited trademark infringement, will influence the creative community and U.K. artificial intelligence industry alike, and the training of AI models in the U.K. is still a risk, say lawyers at Powell Gilbert.

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How Banks Can Pilot Token Services As Fed Mulls Reforms

While the Federal Reserve explores streamlined payment accounts and other reforms aimed at digital asset infrastructure, banks and payment companies seeking to launch stablecoin services must apply the same rigor they use for cards or automated clearinghouse, says Christopher Boone at Venable.

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What Developers Must Know About PJM Grid Connection Plan

As PJM Interconnection, the nation's largest grid operator, reforms its interconnection process in an effort to accelerate capacity expansion amid surging demand, developers interested in PJM's new expedited track should anticipate significant up-front costs, and plan carefully to minimize delays that could jeopardize project completion, say attorneys at King & Spalding.

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Considerations When Invoking The Common-Interest Privilege

To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.

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LEGAL INDUSTRY

Bonus Spotlight

Magic Circle Firms Enchant Associates With Top-Tier Bonuses

By Tracey Read

U.S. associates at Linklaters LLP and Clifford Chance LLP have a lot to be thankful for this holiday season, as the Magic Circle firms Wednesday became the latest to match the BigLaw standard for this year's associate bonuses.

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Analysis

After Big Win For 2 Trump Foes, A Third Faces 'Tougher Job'

By Phillip Bantz

The recent dismissal of federal criminal charges against New York Attorney General Letitia James and former FBI director James Comey does little to help President Donald Trump's ex-national security adviser John Bolton, whose defense in a classified-materials case presents a thornier set of legal and factual issues, experts say.

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Roundup

Up Next At High Court: ISP Liability & State Subpoena Suits

By Katie Buehler

The U.S. Supreme Court will return Monday for the first week of its December oral argument session, during which the justices will consider whether internet service providers can be held liable for contributing to their customers' infringing activity online and whether the subjects of state subpoenas are required to first challenge them in state court. 

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Interview

For Covington's Adrian Perry, Music Is A Family Affair

By Theresa Schliep

Despite having a famous rock star dad, Covington & Burling LLP partner Adrian J. Perry wasn't all that interested in being a musician as a young child, but he knew as early as 6 years old that he wanted to be a lawyer.

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Analysis

Calif. Privacy Agency Gaining Steam Ahead Of 5th Anniversary

By Allison Grande

California's data privacy regulator has taken several notable steps in recent months, including handing down its first penalty upward of $1 million dollars and finalizing long-awaited rules on topics such as cybersecurity audits and technologies that use artificial intelligence, and the groundbreaking agency shows no signs of slowing down as its fifth anniversary approaches. 

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Split 6th Circ. Shields Baker Donelson, Not City Councilman

By Matt Perez

In a published opinion, the Sixth Circuit has found that Baker Donelson Bearman Caldwell & Berkowitz PC is shielded by qualified immunity as outside counsel for the city of Nashville in litigation over the law firm's firing of a city election commission chair and member of the firm.

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Foley & Lardner Hit With Malpractice Suit Over Chancery Loss

By Rose Krebs

Foley & Lardner LLP has been sued in Delaware Superior Court by three officers of a now-defunct food recycling company who say the firm was negligent when representing them in a Chancery Court case that led to a $1.6 million judgment against them and another officer.

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DOJ Asks Court If It Can Release Epstein Files Under New Law

By Lauren Berg

The U.S. Department of Justice is seeking a New York federal court's permission to publicly release the files related to the investigation of late sex offender Jeffrey Epstein, clarifying Wednesday that it wants to release search warrant results, travel and financial records, police reports, and other materials.

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Keesal Young Poaching Suit Against Stradley Ronon Trimmed

By Madison Arnold

A California state judge cleared Keesal Young & Logan to pursue most of its lawsuit alleging Stradley Ronon Stevens & Young crossed the line when it recruited 10 former Keesal Young attorneys, finding that claims such as inducing breach of contract could move forward, in part, because of conversations among the attorneys.

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DOJ Says Ex-Employees Can't Challenge Firings In Fed. Court

By Rose Krebs

The government says a D.C. federal court lacks jurisdiction to adjudicate a lawsuit filed by a former assistant U.S. attorney who prosecuted defendants charged in connection with the Jan. 6, 2021, attack on the U.S. Capitol and two other ex-Department of Justice employees, alleging they were unlawfully fired.

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Hub Hires: Todd & Weld, Freshfields, Shipman

By Julie Manganis

It was a busy November in Boston's legal community as another firm expanded into the market, and a longtime judge traded his gavel for the ability to address his growing concerns about the Trump administration.

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COMPANIES IN TODAY'S NEWS

AGCO Corp.

Adobe Inc.

Akamai Technologies Inc.

Alliance Defending Freedom

Allied Orion Group LLC

Amazon.com Inc.

Ameranth Inc.

American Civil Liberties Union

Anthropic PBC

Apartment Income REIT

Apple Inc.

Audax Private Equity

BH Management Services LLC

Bank of America Corp.

Bell Partners Inc.

Bitcoin Depot

Bloomberg LP

Bragg

Bridgepoint Advisers Ltd.

Brookfield Property Partners LP

Burke Inc.

Caterpillar Inc.

Civil Rights Corps

Coin Cloud

Computer & Communications Industry Association

Corning Inc.

Cox Communications Inc.

Deere & Co.

DoorDash Inc.

Dow Inc.

Edgewater Funds

Elevate Patient Financial Solutions Inc.

FPI Management Inc.

Fresh Del Monte Produce Inc.

General Motors Co.

Getty Images Holdings Inc.

Google LLC

GrubHub Inc.

HealthCare Partners LLC

Honda Motor Co. Ltd.

Hulu LLC

Intel Corp.

JPMorgan Chase & Co.

Kaiser Permanente

Lenovo Group Ltd.

LexisNexis Legal & Professional

LinkedIn Corp.

Live Nation Entertainment Inc.

Meta Platforms Inc.

Micron Technology Inc.

Microsoft Corp.

Midcontinent Independent System Operator Inc.

Motorola Mobility LLC

Motorola Solutions Inc.

NBCUniversal Media LLC

Netflix Inc.

Netlist Inc.

Nidec Corp.

Nikola Corp.

OpenAI OpCo LLC

PJM Interconnection LLC

Papa John's International Inc.

Pinnacle Property Management Services

Prometheus Real Estate Group Inc.

RELX PLC

RealPage Inc.

Samsung Electronics Co. Ltd.

Security Properties

Sherman Associates Inc.

Skyworks Solutions Inc.

Snap Inc.

Sony Interactive Entertainment Inc.

Sony Music Entertainment Inc.

Southwest Power Pool Inc.

Starbucks Corp.

The Bozzuto Group Inc.

The Software & Information Industry Association

Thomson Reuters Corp.

Todd Snyder

Tractor Supply Co.

Twitter Inc.

United States Tennis Association Inc.

Universal Music Group NV

Warner Music Group Corp.

WinnCompanies LLC

X Corp.

Yangtze Memory Technologies Co. Ltd.

Yardi Systems Inc.

YouTube Inc.

Zale Corporation

LAW FIRMS IN TODAY'S NEWS

Adams & Reese

Alston & Bird

ArentFox Schiff

Arnold & Porter

Atkinson Andelson

Baker Botts

Baker Donelson

Baker McKenzie

Bass Berry

Berger Montague

Block & Leviton

Bradley Arant

Briskin Cross

Bryson Harris Suciu & DeMay

Burakiewicz & DePriest

Burke LLP

Cafferty Clobes

Carella Byrne

Carlton Fields

Chipman Brown

Christensen Law LLC

Cleary Gottlieb

Clement & Murphy

Clifford Chance

Cloherty & Steinberg

Cohen & Gresser

Cohen Milstein

Cotchett Pitre

Covington & Burling

Cowan DeBaets

Cozen O'Connor

Cravath Swaine

Crowell & Moring

DLA Piper

Davis Wright Tremaine

Debevoise & Plimpton

Dennis & Dennis

Dentons

Devlin Law Firm PC

DiCello Levitt

Duane Morris

Dykema

Edelson PC

Ellis & Winters

Emery Celli

Finnegan

Foley & Lardner

Foote Mielke

Fox Rothschild

Freedman Normand

Freshfields

Fried Frank

Gallagher Evelius

Gibson Dunn

Gillam Smith

Girard Sharp

Gordon Rees

Greenberg Traurig

Guardian Accident & Injury Lawyers

Gustafson Gluek

Hagens Berman

Hatch Law Group

Hausfeld LLP

Haynes Boone

Herzfeld Suetholz

Hiraldo PA

Hodel Wilks

Holland & Knight

Howard & Howard

Hueston Hennigan

Hughes Hubbard

Irell & Manella

Jackson Walker LLP

Jones Day

Jones Gregg

Joseph Saveri Law Firm

Keesal Young

Keller Rohrback

Kelly IP

Kessler Topaz

King & Spalding

Kozyak Tropin

Labaton Keller

Latham & Watkins

Lehotsky Keller

Lieff Cabraser

Linklaters LLP

Lowell & Associates

Lowey Dannenberg

Manatt Phelps

Mark S. Zaid PC

Markus Moss PLLC

Matthew G. Miller PC

Maynard Nexsen

McGuireWoods

McKool Smith

McNaul Ebel

Milbank LLP

Milberg Coleman

Montgomery Purdue

Morgan Lewis

Morrison & Foerster

Nelson Mullins

Norton Rose

O'Melveny & Myers

Oppenheim & Zebrak

Orrick Herrington

Parkinson Benson

Paul Weiss

Perkins Coie

Phelps Dunbar

Piro Zinna

Pomerantz LLP

Powell Gilbert

Poynter Law Group

Quinn Emanuel

Ramey LLP

Reece Moore Pedergraft

Riley & Jacobson

Robins Kaplan

Ropes & Gray

Russ August

Scott&Scott

Shipman & Goodwin

Sidley Austin

Silverman Thompson

Sims Funk

Skadden Arps

Snell & Wilmer

Spragens Law

Stamoulis & Weinblatt

Stearns Weaver

Stoel Rives

Stradley Ronon

Stris & Maher

Susman Godfrey

Todd & Weld

Venable LLP

Vinson & Elkins

Wallin Hester

Weil Gotshal

Wexler Boley

Wheeler Trigg

Wilke Fleury

Williams McCarthy

WilmerHale

Wolf Greenfield

Zelle LLP

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bureau of Industry and Security

California Privacy Protection Agency

California Supreme Court

Delaware Court of Chancery

Executive Office of the President

Federal Aviation Administration

Federal Bureau of Investigation

Federal Communications Commission

Federal Energy Regulatory Commission

Federal Reserve System

Federal Trade Commission

International Trade Commission

Maryland Attorney General's Office

Metropolitan Government of Nashville and Davidson County

National Security Council

New Jersey Attorney General's Office

New Jersey Department of Labor and Workforce Development

New York Attorney General's Office

Office of the Attorney General for the District of Columbia

Office of the U.S. Trade Representative

Patent Trial and Appeal Board

U.S. Attorney's Office

U.S. Attorney's Office for the District of Maryland

U.S. Attorney's Office for the District of Massachusetts

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

U.S. Bankruptcy Court for the District of Nevada

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Energy

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the District of Arizona

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 Maryland

U.S. District Court for the District of Massachusetts

U.S. District Court for the Eastern District of Michigan

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

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Eastern District of Virginia

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

U.S. District Court for the Middle District of Tennessee

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

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

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

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 Texas

U.S. District Court for the Western District of Washington

U.S. Merit Systems Protection Board

U.S. Navy

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court