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Technology
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April 24, 2024
'Net Neutrality' Timeline: From Brand X To Biden-Era Brawl
The legal fight over how to treat broadband service hits a new milestone Thursday in Washington, the latest in a dispute that started a generation ago, soon after consumers began widely using the internet in the 1990s.
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April 24, 2024
Congress Didn't OK FCC's 'Disparate Impact' Ban, Critics Say
Business groups told the Eighth Circuit on Wednesday that the Federal Communications Commission's new rules against discrimination in broadband deployment should be overturned because Congress never intended that the agency use a sweeping "disparate impact" liability standard.
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April 24, 2024
GSA Reasonably Changed Terms On Polaris IT Deal
The U.S. Government Accountability Office has rejected a protest over the terms of an amendment to the U.S. General Services Administration's multibillion-dollar Polaris information technology procurement, saying the agency appropriately responded to an earlier court decision.
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April 24, 2024
Groups Back Intuit's 5th Circ. Challenge To FTC Over Ads
Business and conservative groups defended tax software giant Intuit Inc. in its Fifth Circuit constitutional challenge to the Federal Trade Commission's findings that the company engaged in deceptive advertising, saying the agency acts as both prosecutor and jury and that its administrative judges have unchecked power.
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April 24, 2024
Group Fights SpaceX's FCC Grants After Musk's Actions In War
A pro-Ukraine nonprofit is urging the Federal Communications Commission to halt spectrum assignments to Elon Musk's SpaceX and launch an investigation into the CEO's "erratic" behavior, arguing that his alleged meddling in U.S. foreign policy could disqualify him from exercising control over the company's Starlink satellite network system.
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April 24, 2024
Pegasystems Cuts $35M Deal To End Investor Suit
Pegasystems Inc. has agreed to pay $35 million to settle a shareholder suit in Massachusetts federal court alleging the software company failed to properly disclose a rival's trade secret litigation that led to a $2 billion verdict.
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April 24, 2024
Noteholders Say Chilean Telecom Lacks US Ties For Ch. 11
A group of WOM SA noteholders asked a Delaware bankruptcy judge to dismiss the Chilean cellphone network operator's Chapter 11 case, saying the company has no connections with the United States and courts here don't have jurisdiction over the company's assets.
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April 24, 2024
Paul Weiss-Led IBM To Acquire HashiCorp In $6.4B Deal
Paul Weiss Rifkind Wharton & Garrison LLP is representing IBM on a deal to buy infrastructure automation company HashiCorp Inc. at an enterprise value of $6.4 billion, which the tech giant said Wednesday will allow it to cater to clients grappling with the exponential expansion of the cloud.
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April 24, 2024
4th Circ. Revives Worker's Age Bias Suit Against IT Co.
The Fourth Circuit on Wednesday reinstated a former information technology company worker's lawsuit alleging she was unlawfully fired and replaced by someone nearly 30 years her junior, saying a trial court held her to too high a standard when it threw out her case.
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April 24, 2024
Tesla Must Put Musk's Potential Payday In Trust, Investors Say
Class attorneys for Tesla stockholders have asked Delaware's chancellor to seize or shelter in a trust tens of billions in company stock sidelined by a ruling that struck down CEO Elon Musk's 10-year compensation plan in January, pending a fast-track hearing.
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April 24, 2024
Samsung Unit Says Exclusion Doesn't Apply To Storm Losses
A Samsung unit seeking coverage for more than $400 million in damage to its semiconductor manufacturing facility related to Winter Storm Uri in 2021 asked a Texas federal court to rule that power loss during the storm did not trigger the policy's so-called lack of services exclusion.
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April 24, 2024
Toy Developer, Chinese Co. Settle Robot Source Code Suit
A Pittsburgh-based robot toy designer has settled and dismissed its dispute with a Chinese competitor over the alleged copying of the source code for a toy design acquired from a predecessor, according to federal court filings Tuesday.
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April 23, 2024
AGs Urged To Probe Anti-Abortion Centers' Privacy Claims
A watchdog group on Tuesday pressed the attorneys general from Idaho, Minnesota, New Jersey, Pennsylvania and Washington to investigate certain "crisis pregnancy centers" that are allegedly misrepresenting their compliance with federal health privacy law, arguing that the organizations are exploiting consumers' misconception that the statute broadly protects their medical data.
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April 23, 2024
Sanctioned Patent Challenger Fights VLSI Bid To ID Members
Patent Quality Assurance LLC, which successfully challenged a VLSI chip patent but was sanctioned by the patent office, urged a Virginia federal judge Tuesday not to make it identify the people behind the company, saying VLSI wants their names to "seek retribution against them."
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April 23, 2024
New Ga. Law Restricts Social Media Use For Youth Under 16
A bill signed into law Tuesday by Georgia Gov. Brian Kemp imposes new restrictions on minors' internet usage, including requiring social media companies to verify that users are 16 or older unless they receive approval from an individual's parents to use the service.
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April 23, 2024
TikTok Divestment Bill Heads To Biden's Desk
The Senate voted 79-18 on Tuesday night to pass a bill requiring ByteDance Ltd. to divest the popular social media app TikTok or face a ban in the U.S., which now goes to the president's desk.
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April 23, 2024
Ex-Autonomy Tech Exec Doubted 'Bizarre' $6M Deal, Jury Told
Autonomy's ex-chief technology officer testified Tuesday in the California federal fraud trial of former CEO Michael Lynch that he had concerns about Autonomy's "bizarre" 2010 deal to sell $6 million in repackaged hardware, which prosecutors allege was never delivered and was only used to artificially inflate Autonomy's revenues.
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April 23, 2024
Small Providers Can't Meet 'Vague' Title II Rules, FCC Hears
Small broadband providers will need at least a six-month buffer before they have to start complying with certain net neutrality mandates, should the Federal Communications Commission vote to restore open internet rules on Thursday, according to a communications industry trade group.
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April 23, 2024
Tracking Tech Maker Calls USPS' $282M Deal Redo Irrational
A software company pressed the U.S. Court of Federal Claims to again order the U.S. Postal Service to redo a $281.8 million vehicle tracking deal, saying the agency's course correct ignored that one-third of the agreement had been completed.
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April 23, 2024
Meta Secures Partial Trim Of Video Technology Patent Suit
A federal judge has narrowed a suit accusing Meta Platforms Inc. of infringing patents related to video technology, throwing out one of VideoLabs' patents but letting the patent owner keep moving forward with another.
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April 23, 2024
Jury Suggests $25M Damages For Co.'s Malicious IP Misuse
A Colorado federal jury has said a display technology company must pay $5.1 million for misusing a business partner's trade secrets during the development of a wireless headset, and recommended the company be punished with another $19.7 million in damages for its malicious conduct.
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April 23, 2024
4 Things Attys Should Know About NJ's $56B Spending Plan
New Jersey Gov. Phil Murphy has crafted a spending plan that furthers his vision of the state as an innovator in offshore wind and artificial intelligence, while drawing pushback for a proposed corporate transit fee and warehouse tax.
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April 23, 2024
Nexstar Calls FCC's Floated $1.2M Fine Over WPIX 'Unlawful'
Broadcast giant Nexstar slammed the Federal Communications Commission's proposed $1.2 million penalty over its "de facto control" of New York station WPIX, saying the fine is unconstitutional and that the agency is running afoul of both the Communications Act and procedural law.
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April 23, 2024
AI Invention Guidance Adds New Patent Wrinkles, Attys Say
Recent guidance from the U.S. Patent and Trademark Office that inventions developed with assistance from artificial intelligence tools can be patented prompted a sigh of relief among many attorneys, but confronting the nuances will create challenges, experts said Tuesday.
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April 23, 2024
Wash. Urges Federal Court To Set Bad Faith Test For IP Cases
A Washington federal judge should apply a standard analyzing patterns of harassment when determining whether the owner of a data processing network patent acted in bad faith by issuing nearly 2,000 uniform demand letters alleging infringement, the state attorney general's office has argued.
Expert Analysis
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What's At Stake In Pending Fed. Circ. Design Patent Test Case
The full Federal Circuit recently heard argument in LKQ v. GM Global, a case concerning patent obviousness in the aftermarket for auto parts; the court's decision will likely influence how design patents are obtained, enforced and challenged, and affect the broader innovation ecosystem, says Larry DeMeo at Hunton.
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NYC Workplace AI Regulation Has Been Largely Insignificant
Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.
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2 Emerging Defenses For Website Tracking Class Actions
Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.
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No AI FRAUD Act Is A Significant Step For Right Of Publicity
The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Keeping Up With Class Actions: Data Breach Litigation In Flux
In this monthly look at notable class action decisions, Gerald Maatman at Duane Morris examines a recent mixed-bag data breach ruling from an Illinois federal court — in the context of case law developments over the last year — which illustrates the range of issues confronting litigants going forward.
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Considerations For Disclosing AI Use In SEC Filings
Recent remarks from U.S. Securities and Exchange Commission Chair Gary Gensler should be heard as a clarion call for public companies to disclose artificial intelligence use, with four takeaways on what companies should disclose, says Richard Hong at Morrison Cohen.
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Averting Patent And Other IP Risks In Generative AI Use
While leveraging generative AI presents potential problems such as loss of ownership of patents and other intellectual properties, a series of practice tips, including ensuring that the technology is used as a supplementary tool and is not contributing to invention conception, can help mitigate those concerns, say Mackenzie Martin and Bryce Bailey at Baker McKenzie.
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After TikTok, Tiptoeing Toward Patent Transfer Alignment
Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.
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New Hydrogen Regulations Show The Need For IP Protections
The introduction of hydrogen regulations, such as the IRS' proposed tax credit for clean hydrogen under the Inflation Reduction Act, are reshaping the competitive landscape, with intellectual property rights an area of increased emphasis, say Evan Glass and James De Vellis at Foley & Lardner.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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Steps For Companies New To Sanctions Compliance
Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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5 Lessons For SaaS Companies After Blackbaud Data Breach
Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.