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Technology
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April 16, 2024
9th Circ. Upholds Tossing Skillz Gaming Tech Investor Suit
The Ninth Circuit on Tuesday upheld a decision to toss a proposed class action claiming that mobile gaming company Skillz Inc. misled investors about its technology prior to a 2021 merger with a special purpose acquisition company, ruling that issues with the gaming software do not make the company' statements false or misleading.
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April 16, 2024
Fed. Circ. Is Told To Undo Transfer Of Apple Patent Case
A Texas federal judge has shipped to California a suit accusing Apple of patent infringement, prompting patent-owning technology company Haptic Inc. to appeal the decision to the Federal Circuit.
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April 16, 2024
Tai Sidesteps As GOP Reps Try To Pin Down Trade Timeline
Republicans on the House Ways and Means Committee castigated U.S. Trade Representative Katherine Tai on Tuesday for the administration's vague agenda regarding future trade deals and a long-awaited tariff review that she described as "optimistic" and "coming soon."
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April 16, 2024
White House Opposes Bill To Close Data 'Loophole'
The White House on Tuesday came out against a bipartisan bill that would prevent law enforcement and intelligence agencies from buying Americans' personal information, an issue critics say is a "loophole" to get around the Fourth Amendment of the U.S. Constitution.
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April 16, 2024
SEC Hit With Class Action Over Database Privacy Concerns
A conservative think tank filed a lawsuit in Texas federal court Tuesday hoping to put an end to a U.S. Securities and Exchange Commission market surveillance tool known as the consolidated audit trail, arguing in the proposed class action that the database threatens to subject the personal information of tens of millions of American citizens to a possible data breach.
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April 16, 2024
Broadband Subsidy Backers Seek To Force House Vote
Nearly 300 groups urged Congress to extend the Affordable Connectivity Program, but as a bill to do so picked up support from more than half of U.S. House lawmakers, a vote on replenishing the fund remains up in the air.
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April 16, 2024
Genesis To Return $2B Of Crypto Under Gemini Settlement
Bankrupt crypto lender Genesis will return 97% of digital assets from a customer program with crypto platform Gemini by early May after a New York bankruptcy judge on Tuesday approved a settlement that attorneys for Genesis said closes out bitter disputes and sets it up to repay other creditors under a Chapter 11 plan.
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April 16, 2024
Virginia Judge Tosses State Broadband Law Challenge
The Association of American Railroads has lost its challenge to a Virginia federal law that gives broadband providers easier access to railroad property and that the group says constitutes illegal taking, after a judge knocked out all the suit's claims for various reasons.
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April 16, 2024
BIPA Judge Laments Blown Discovery Deadlines — Again
An Illinois federal judge on Monday scolded Union Pacific and the truck drivers suing it over alleged biometric privacy violations for missing a sixth discovery deadline, saying the results of multiple discovery extensions he's allowed over five years of litigation have been "disappointing, to say the least."
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April 16, 2024
GOP Senators Call IRS' E-File Program Too Costly
Senate Republicans continued to criticize the Internal Revenue Service's free tax filing pilot program during a Finance Committee hearing Tuesday, saying the program has not followed best practices and will be costly to implement long term.
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April 16, 2024
IBM Gained Most AI Patents By Far In 2023
IBM obtained more U.S. artificial intelligence patents in 2023 than any other company, with its closest competitors falling behind by more than 300 patents, according to a Harrity Patent Analytics report announced Tuesday.
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April 16, 2024
South State Bank Breach Exposed 1 Million People, Suit Says
South State Bank is facing a proposed class action accusing it of negligence following a February data breach that allegedly compromised the personal information of more than a million current and former customers.
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April 16, 2024
Public Advocates Say Surveillance Cams Could Disrupt Wi-Fi
Advocacy groups are banding together against Axon's bid for a Federal Communications Commission rule waiver to operate high-powered surveillance cameras, saying their signals could disrupt Wi-Fi use, especially in low-income neighborhoods.
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April 16, 2024
Court Urged Not To Quash Google's Agency Subpoenas
A special master has recommended that a Texas federal court allow Google to interview witnesses from three state agencies as the tech giant defends against a case from state-level enforcers accusing it of monopolizing key digital advertising technology.
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April 16, 2024
Sanctions In Byju's Ch. 11 Should Be Paused, Court Hears
Camshaft Capital, a hedge fund facing an adversary action from the Chapter 11 creditors of Byju's, has asked a Delaware federal court to stay a contempt order the bankruptcy court entered against the investment firm and its principal while it appeals the sanctions and a preliminary injunction.
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April 16, 2024
Del. Justices OK Midcase Review Of TripAdvisor Move
Delaware's Supreme Court will consider whether the Court of Chancery properly denied TripAdvisor's motion to dismiss a shareholder lawsuit over its corporate move to Nevada, finding that a midcase appeal of the ruling involves a question of law and could be "beneficial."
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April 16, 2024
Zuckerberg Dodges Liability In Meta Addiction MDL, For Now
A California federal judge has tossed certain fraud-by-omission claims seeking to hold Meta Platforms CEO Mark Zuckerberg personally liable in sprawling multidistrict litigation over social media platforms' allegedly addictive design, but she allowed the plaintiffs to amend their allegations to assert a new theory of corporate officer liability against Zuckerberg.
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April 16, 2024
AT&T Unit Urges Justices To Weigh In On FCC E-Rate Saga
An AT&T subsidiary is asking the U.S. Supreme Court to rule on whether reimbursement requests for the Federal Communications Commission's E-rate program for schools and libraries are "claims" under the False Claims Act, part of a whistleblower suit accusing the company of overcharging public schools and libraries.
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April 16, 2024
Smartmatic Settles Election Defamation Suit Against OANN
Electronic voting system company Smartmatic has settled its defamation suit in Washington, D.C., federal court alleging One America News Network peddled conspiracy theories claiming the firm rigged voting machines during the 2020 presidential election, the company said in a statement Tuesday.
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April 16, 2024
Media Watchdog Wants X Corp. Kept Out Of 'Privileged Affairs'
A left-wing media watchdog wants X Corp. to keep its hands away from its donor lists, internal communications and other "privileged affairs" as a Texas federal court ponders the nonprofit's motion to dismiss, saying the social network has made "sweeping and harassing" discovery requests.
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April 16, 2024
Magnesium Capital Clinches €135M Inaugural Fund
Energy-transition private equity-buyout firm Magnesium Capital, advised by Simpson Thacher & Bartlett LLP, on Tuesday announced it had closed its inaugural fund above target after raising €135 million ($143.4 million).
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April 16, 2024
Excess Carriers Say Property Co. Not Covered In Antitrust Suit
Two excess insurers said they don't owe coverage to a property management company for underlying litigation alleging a price-fixing conspiracy involving software company RealPage Inc., telling a Massachusetts federal court that a professional services exclusion in the primary policy bars coverage.
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April 16, 2024
Microsoft, OpenAI Say Intercept's IP Suit Should Be Axed
Microsoft and OpenAI have asked a Manhattan federal judge to dismiss a complaint by The Intercept accusing the companies of removing author and copyright information from material allegedly used to train ChatGPT, saying the publication lacks standing to sue because it has provided no evidence to support its claims.
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April 16, 2024
Cybersecurity-Focused PE Firm Secures $1.1B For 3rd Fund
Cybersecurity-focused private equity firm Evolution Equity Partners on Tuesday announced that it raised $1.1 billion of capital commitments for its third technology-focused fund, which will be used to back entrepreneurs building cybersecurity companies.
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April 16, 2024
Chancery Tosses Zelle Fraud Suit Against JPMorgan Directors
A JPMorgan Chase & Co. shareholder that sued the bank's board for allegedly ignoring fraud on the payment platform Zelle has not shown the bank failed to respond to the problem, a Delaware Chancery Court judge ruled Tuesday, dismissing the shareholder's case.
Expert Analysis
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Global Cartel Enforcement Looks Set To Intensify In 2024
The cartel enforcement winds may strengthen this year, with the U.S. Department of Justice, as well as regulators in other countries, placing a renewed focus on pursuing international cartels and more traditional, hard-core cartel conduct, say attorneys at Simpson Thacher.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Supreme Court Amgen Ruling's Major Effect On Enablement
The U.S. Supreme Court's Amgen v. Sanofi invalidity holding continues to significantly affect technologies and all aspects of the patent system by providing confidence in the Federal Circuit's approach and a clearer understanding on enforceability and the disclosure needed for compliance, say Irena Royzman and Daniel Williams at Kramer Levin.
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3 Key Class Action Trends To Use As Guidance In 2024
Telephone Consumer Protection Act, privacy and false advertising class actions saw significant shifts last year — including a trend toward expanding the application of preexisting laws to current technologies — that businesses should keep in mind to navigate the class action landscape in 2024, say attorneys at Mintz.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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The 5 Most Important Bid Protest Decisions Of 2023
Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.
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Healthcare Industry Must Prepare For Greater AI Regulation
Healthcare entities that use even basic machine-based systems should pay close attention to a recent executive order and a proposed bill, both of which focus on artificial intelligence safety and security, and signal the government's intent to establish a regulatory framework for AI-enabled technology, says Kristen Petry at Spencer Fane.
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What Can Be Learned From Adobe-Figma Merger Termination
The Competition and Markets Authority’s role in the recent termination of the proposed Adobe-Figma merger deal indicates the regulator's intention to be seen as a strong enforcer in the technology sphere, and serves as a warning for companies to address antitrust risks early on in the merger process, say Deirdre Taylor and Molly Heslop at Gibson Dunn.
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Fed. Circ. Cellect Ruling Triggers Significant Patent Risk
A recent data analysis shows that the Federal Circuit's decision of patent invalidity in Cellect presents a significant risk to patent holders with subsequent child applications, which may be unpatentable under the judicially created doctrine of obvious-type double patenting, says Curtis Altmann at Hoffmann & Baron.
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Wachtell-X Ruling Highlights Trend On Arbitrability Question
A growing body of case law, including a California state court's recent decision in X Corp. v. Wachtell, holds that incorporation of specific arbitral body rules in an arbitration provision may in and of itself constitute clear and unmistakable evidence of delegation of arbitrability to an arbitrator, and thus such clauses should be drafted carefully, say attorneys at Norton Rose.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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Top Considerations For Retailers Using AI To Combat Theft
The Federal Trade Commission's recent enforcement action against Rite Aid indicates a significant evolution in the landscape surrounding biometric information and artificial intelligence data collection by retailers, meaning retailers should take reasonable measures to prevent harm to customers, say attorneys at Dentons.
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6 Focus Areas For Companies Managing The Risks Of AI Use
To harness the significant and potentially transformative benefits that generative artificial intelligence can confer, companies must establish appropriate oversight and governance, ensure appropriate disclosures, and resolve other regulatory and legal challenges arising from deployment, say attorneys at Shearman.
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Consider A Key Insurance Tool For Environmental M&A Deals
Transactional liability insurance can be a useful risk allocation tool for completing mergers and acquisitions in the renewable energy and climate and clean technology sectors, though policies must be structured carefully to achieve maximum coverage, say Joseph Castelluccio and Paul de Bernier at Mayer Brown.
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On The Edge: Lessons In Patent Litigation Financing
A federal judge's recent request that the U.S. Department of Justice look into IP Edge patent litigation, and that counsel be disciplined, serves as a reminder for parties asserting intellectual property rights — and their attorneys — to exercise caution when structuring a litigation financing agreement, say Samuel Habein and James De Vellis at Foley & Lardner.