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Technology
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June 05, 2024
Fubo Loses Bid To Toss Consumer's Privacy Suit
Streaming service Fubo cannot escape a proposed class action alleging it unlawfully shared subscribers' personally identifiable information, or PII, with third-party advertisers, an Illinois federal judge ruled Tuesday.
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June 05, 2024
Catholic Broadcasters Angry Over FCC 'Gender Ideology' Rule
The Catholic Radio Association is up in arms over the Federal Communications Commission's new workforce diversity reporting mandates that will require broadcasters to report how many nonbinary people they employ, telling the agency they're being forced to record something that "does not comport to reality."
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June 05, 2024
Google Loses Another Patent Board Appeal In Sonos Feud
Federal Circuit judges sided Wednesday with a patent board ruling that wiped out claims in yet another Google patent that was asserted in the tech company's infringement lawsuit against wireless speaker brand Sonos.
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June 05, 2024
Fed. Circ. Judges Skeptical Broadband IP Is Patentable
A Federal Circuit panel seemed ready Wednesday to affirm a Texas federal judge's decision that a Broadband iTV Inc. streaming service interface patent is invalid as abstract, even if one judge eventually said the company was "making close to a persuasive case."
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June 05, 2024
3rd Circ. Revives Union Harassment Claims Against County
The Third Circuit revived claims Wednesday accusing Hudson County, New Jersey; its department of corrections; and three county employees of retaliating against a corrections officer because of his union activity, saying a federal judge tossed the allegations too soon.
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June 05, 2024
Google Legal Dept. Goes From Crisis Mode To Long Term
As much of the major antitrust litigation against Google winds down, the company is shuffling around its in-house legal departments to add more people and settle from crisis mode into the more sustainable posture of a technology giant where lawsuits have likely become a permanent feature of its existence.
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June 05, 2024
Chamber Says New Docs Show Transparency Issues At USTR
The U.S. Chamber of Commerce is expressing transparency concerns about certain policy decisions after documents provided under the Freedom of Information Act revealed that Biden trade officials are utilizing a "deferential and highly coordinated approach" in their relationship with Sen. Elizabeth Warren, D-Mass.
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June 05, 2024
Texas Tamale Co. Wins Partial Injunction In Trademark Case
A Texas federal magistrate judge has found that a Fort Worth tamale outfit called Texas Lone Star Tamales can't use certain phrases in its advertising but limited some language in a requested injunction.
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June 05, 2024
Panel To Pick Venue For FCC Net Neutrality Challenges
The federal courts are poised to randomly pick which circuit court will initially hear more than half a dozen legal challenges to the Federal Communications Commission's recently adopted net neutrality rules.
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June 05, 2024
Nigeria Holding US Binance Exec Hostage, Lawmakers Say
The White House's hostage negotiator should begin seeking the release of a top executive at cryptocurrency exchange Binance whom the Nigerian government is holding personally liable for tax evasion charges against the company, the House Foreign Affairs Committee's chairman has said.
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June 05, 2024
USPTO Fee Hike Finds Ally In Google, But Others Have Gripes
The U.S. Patent and Trademark Office's plan to increase many patent-related fees beginning next year has received support from Google, but dozens of other comments came from patent litigators of all stripes who argue that the proposal is a bad idea.
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June 05, 2024
Google Cleared From Suit Over Animal Abuse YouTube Videos
A California appeals panel has tossed a nonprofit's suit alleging that Google LLC breached its contract by allowing animal abuse videos on YouTube, saying Section 230 of the Communications Decency Act blocks all its claims.
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June 05, 2024
Microsoft Blasts Gamers' Bid To Add To Activision Appeal
Microsoft Corp. says the Ninth Circuit should reject a "bevy of additional, extra-record 'facts'" seeking to hold up the recent layoffs of 1,900 Activision and Xbox employees as proof that the tech giant's acquisition of Activision Blizzard Inc. was anticompetitive.
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June 05, 2024
Toshiba Unit CEO Can Be Deposed In $500M Mich. Plant Suit
The leader of a Toshiba Corp. subsidiary can be deposed in a lawsuit from Michigan energy companies alleging Toshiba's overhaul on a plant was shoddy and will cost more than $500 million to fix, as a Michigan federal judge has found the executive has relevant knowledge about the defective work.
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June 05, 2024
AI Co., Biotech Prep IPOs Worth $602M As Novelis Delays
Healthcare data artificial intelligence platform Tempus AI and Australian biotech Telix Pharmaceuticals on Wednesday unveiled plans for initial public offerings that will aim to raise a combined total of approximately $602 million, while sustainable aluminum solutions provider Novelis, a day prior, postponed IPO plans due to market conditions.
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June 05, 2024
Del. Justices Uphold Chancery's Toss Of Auto Parts Deal Suit
Delaware's Supreme Court has refused to reverse the Court of Chancery's 2023 dismissal of a stockholder suit accusing Chicago-based factory and automotive parts venture Distribution Solutions Group Inc. of failing to disclose conflicts surrounding and costs of a three-way merger in late 2021.
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June 05, 2024
FCC Looking Into Reports Of AT&T Wireless Service Outage
The Federal Communications Commission said it is trying to find out what happened when AT&T wireless customers lost service in several states Tuesday due to what the company described as an interoperability problem.
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June 05, 2024
Samsung Escapes Illinois Suit Over Exploding Vape Battery
An Illinois state appeals court has freed South Korea-based Samsung SDI Co. Ltd. from a suit alleging it sold a lithium-ion battery that exploded in a man's pocket, finding the man failed to provide any evidence that the company directed its wares at Illinois.
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June 05, 2024
Meta Can't Dodge Trial In Monopoly Suit, FTC Says
The Federal Trade Commission said "voluminous evidence" cuts against Meta's bid to avoid trial over claims the social media giant illegally entrenched its monopoly in the market for personal social networking by acquiring WhatsApp and Instagram.
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June 05, 2024
4th Circ. Says SC Agency Must Give Google Ad Docs
A South Carolina agency must respond to Google's document request after the Fourth Circuit ruled Wednesday that the state waived its sovereign immunity by joining a case accusing the tech giant of monopolizing key digital advertising technology.
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June 05, 2024
Epic Accuses Apple Of Stalling Antitrust Doc Production
Epic Games accused Apple Inc. at a hearing Wednesday of dragging its feet on producing internal documents that a California federal judge recently ordered the tech giant to hand over to help decide if Apple complied with her ban on App Store anti-steering rules.
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June 05, 2024
Google Hit With IP Suit By Textbook Cos. Over Pirated Books
A group of textbook publishers hit Google LLC with a copyright and trademark infringement lawsuit Wednesday in New York federal court, accusing the tech giant of allowing advertisements from websites that allegedly sell pirated books and ignoring take-down requests from the publishers for years.
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June 05, 2024
Orrick-Led SAP Inks $1.5B Deal For Israeli Tech Co. WalkMe
German software company SAP SE said Wednesday it has agreed to purchase software-as-a-service company WalkMe Ltd. for approximately $1.5 billion.
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June 05, 2024
Texas To Launch Stock Exchange Backed By $120M Capital
TXSE Group Inc. said Wednesday it plans to launch the Texas Stock Exchange, a national trading venue for public companies and exchange-traded products, following a $120 million private capital raise that was guided by Haynes and Boone LLP.
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June 04, 2024
Judiciary Panel Clears 1st MDL Rule, Eyes 'Mouthpiece' Amici
Top rulemaking gatekeepers for the federal judiciary Tuesday capped off seven years of strife in the defense and plaintiffs bars by backing a milestone measure aimed at optimizing multidistrict litigation, and then promptly greenlighted an entirely different war of words over new efforts to ferret out amicus briefs from "paid mouthpieces" masquerading as independent experts.
Expert Analysis
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Key Issues Raised By Colorado's Brain Data Privacy Bill
Colorado recently became the first state to provide consumer privacy protections for data generated from a person's brain waves, and despite the bill’s ambiguity and open questions introduced, the new law has helped turn the spotlight on neurodata, says Sara Pullen Guercio at Alston & Bird.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Compliance Strategies To Mitigate 3 New Areas Of AI Risk
The era of artificial intelligence-assisted corporate crime is here, but several concrete mitigation strategies can allow companies to address the new, rapidly evolving threats posed by deepfakes, information barrier evasion and AI model manipulation, say attorneys at Debevoise.
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Exploring A New Era Of IP Law Amid The Rise Of Generative AI
Attorneys at Hogan Lovells explore the effects of generative artificial intelligence in three areas of intellectual property, recent updates and emerging trends, and its significance on the IP landscape now and moving forward.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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Perspectives
Criminal Defendants Should Have Access To Foreign Evidence
A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.
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How Cos. Can Prep For New Calif. Privacy Regulations
The California Privacy Protection Agency has been very active in the first quarter of 2024 and continues to exercise its rulemaking authority with proposed draft regulations, so retailers should prepare for California Consumer Privacy Act enforcement and figure out how best to comply, say attorneys at Dentons.
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Fed. Circ. Defines Foreign IP Damages, Raises New Questions
In Brumfield v. IBG, the Federal Circuit recently clarified which standard determines the extraterritoriality of the patent statute after the U.S. Supreme Court's WesternGeco decision, opening a new avenue of damages for foreign activities resulting from certain domestic activities while also creating some thorny questions, say Amol Parikh and Ian Howard at McDermott.
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9th Circ. Arbitration Ruling Could Have Int'l Implications
In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Deciding What Comes At The End Of WTO's Digital Tariff Ban
Companies that feel empowered by the World Trade Organization’s recent two-year extension of the ban on e-commerce tariffs should pay attention to current negotiations over what comes after the moratorium expires, as these agreements will define standards in international e-commerce for years to come, say Jan Walter, Hannes Sigurgeirsson and Kulsum Gulamhusein at Akin Gump.
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Opinion
Cyber Regulators Should Rely On Existing Sources Cautiously
New incident reporting rules proposed by the Cybersecurity and Infrastructure Security Agency illustrate how the use of definitions, standards and approaches from existing sources can create a complex patchwork of regulations, demonstrating that it is essential for agencies to be clear about expectations and not create unnecessary confusion, says Megan Brown at Wiley.
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Considering CGL Defense For Social Media Addiction Claims
A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.