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Technology
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May 24, 2024
Sony Denied Early Bid To Block PlayStation Antitrust Class
A California federal judge Friday denied Sony's preemptive bid to deny class certification in a suit accusing it of overcharging PlayStation Store users through a monopoly on downloadable game cards, saying Sony has yet to show that the plaintiffs are bound by class action waivers, or it can enforce arbitration.
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May 24, 2024
Senate Republican Eyes Tutor.com's China Ties, Data Use
The top Republican on the U.S. Senate's health and education committee has launched an investigation into Tutor.com, a Chinese-controlled web service of The Princeton Review that offers students online tutoring, saying China's Communist Party may be exploiting users' sensitive data.
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May 24, 2024
Uvalde Families Say Call Of Duty, Meta Groomed Shooter
Families of schoolchildren shot at Robb Elementary School in Uvalde, Texas, in 2022 alleged in a pair of lawsuits Friday that Meta Platforms' Instagram, the maker of first-person shooter video game Call of Duty, and a manufacturer of assault rifles helped inspire, train and equip the teenage gunman.
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May 24, 2024
Samsung Beats Patent Suit Due To Misconduct By Ex-Attys
A Texas federal judge has thrown out a patent suit against Samsung seeking more than $300 million, holding that former in-house Samsung patent attorneys stole the company's confidential documents and used them to aid the patent owner, in misconduct he called "repugnant to the rule of law."
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May 24, 2024
Apple Can't Wipe Out 2 Fintiv Mobile Wallet Patents At PTAB
Apple wasn't able to persuade a panel of administrative patent judges to invalidate any language in a pair of patents issued to the founder of a failed cloud-based mobile financial services startup.
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May 24, 2024
Electric Car Co. Execs Hid Supply Issues, New Suit Claims
A shareholder of ChargePoint Holdings Inc. alleged Friday that current and former officers and directors of the electric vehicle charging station company misrepresented the company's business prospects and failed to disclose supply overruns for charging products, causing a stock drop when the truth was finally revealed.
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May 24, 2024
Malware Backdoor Found In Software Used By Courtrooms
Software created by a company that provides digital audiovisual technology to courtrooms, jails and other facilities contains a backdoor associated with malware that disguises itself as a normal update, analysts at a cybersecurity firm reported, warning that "users are at high risk and should take immediate action."
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May 24, 2024
FCC Calls For Fresh Comments On Orbital Debris Rulemaking
The Federal Communications Commission is hitting the "refresh" button on orbital debris rulemaking, issuing a new call for public input on potential agency rules.
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May 24, 2024
FCC Republican Knocks Plan To Require AI Ad Disclosures
A Federal Communications Commission Republican is slamming a commission proposal aimed at limiting the use of artificial intelligence in political advertisements, saying the push is a politically motivated effort to stop Republicans from using AI.
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May 24, 2024
Bungie Cheat Code Sellers Hit With $63K Copyright Verdict
A federal jury said Friday that people behind a video game cheat code owe Bungie about $63,000 for replicating a sci-fi shooter's code to make the cheat software and peddle it on the internet, capping off a nearly weeklong copyright trial in Seattle.
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May 24, 2024
E-Rate Growth Needed As Other Funds Wane, FCC Chief Says
Calling the E-Rate program for subsidizing broadband in schools and libraries a "quiet powerhouse," the head of the Federal Communications Commission is looking to build support in Congress to expand it to cover off-campus learning after pandemic rescue funds dissipated.
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May 24, 2024
Biden's Judicial Impact And What's Left On The Wish List
President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.
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May 24, 2024
Software-Aided Price Fixing Under Antitrust Assault
Claims that companies in the same industry are using software middlemen to fix prices are percolating in federal courts around the country, with cases targeting major operators in residential real estate, hospitality and health insurance, among other areas.
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May 24, 2024
NYSE Companies Could Face Heat If Business Focus Changes
A New York Stock Exchange proposal seeking additional authority to delist companies that enact wholesale business changes after going public could subject certain companies to more scrutiny, attorneys say, though such drastic actions are expected to be rare.
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May 24, 2024
Feds' Probe Into Waymo Self-Driving Car Finds More Incidents
The U.S. auto safety regulator has said it found nine additional incidents of Waymo LLC autonomous vehicles exhibiting "unexpected driving behaviors" and has asked the company for more information as part of a new investigation.
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May 24, 2024
New Minnesota Law Removes Barriers To Public Broadband
Public broadband advocates on Friday lauded Minnesota's enactment of a state law making it easier to deploy community broadband networks.
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May 24, 2024
FCC Probing Unauthorized Navigation Satellite Signals In US
The Federal Communications Commission is continuing its investigation into U.S. phones receiving unauthorized Russian and Chinese navigation satellite signals, but FCC Chair Jessica Rosenworcel told lawmakers last week that she didn't have much more to share on the inquiry.
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May 24, 2024
CFPB Will Ask DC Circ. To Rescue Rule Challenged By PayPal
The Consumer Financial Protection Bureau said Friday it will appeal a Washington, D.C., federal judge's recent decision that sided with payments giant PayPal in its lawsuit challenging the agency's extension of certain prepaid card regulations to digital wallets.
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May 24, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.
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May 24, 2024
DLA Piper Adds Corporate Ace From Goodwin In Calif.
A finance lawyer with deep expertise has joined DLA Piper from Goodwin Procter LLP in its Palo Alto shop, strengthening its offerings in the Golden State.
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May 24, 2024
DOJ's Live Nation-Ticketmaster Suit: What You Should Know
The U.S. Department of Justice and a slew of state attorneys general filed a suit challenging the 2010 merger of Ticketmaster and Live Nation. Here, catch up on Law360's coverage of the deal and those who have challenged it along the way – Taylor Swift fans, investors and regulators.
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May 23, 2024
FTC Blasts Amazon's 'Unbelievable' Claims About Signal Use
The Federal Trade Commission on Thursday again pressed a Washington federal court to force Amazon to hand over documents regarding the company's communication preservation practices, calling Amazon's claims that executives never used the encrypted app Signal to discuss business practices relevant to the antitrust fight "unbelievable."
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May 23, 2024
Bungie Cheat Code Sellers Dinged At Trial For Deleting Docs
A Seattle federal judge overseeing a trial of Bungie's copyright claims against a group of cheat code sellers instructed jurors Thursday that the defendants intentionally destroyed evidence by deleting records they had a duty to preserve once they were aware of the game studio's claims.
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May 23, 2024
Sonos Gets Fed. Circ. To Affirm Axed Google Patent Claims
Google failed on Thursday to persuade Federal Circuit judges to breathe new life into patent claims the tech giant has asserted in its legal fight with the Sonos speaker brand.
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May 23, 2024
Latham, Cravath Rep Live Nation In DOJ Ticketmaster Battle
In the battle against the U.S. Department of Justice's push to break up Live Nation and Ticketmaster, the concert promotion and ticketing company has called upon a team of attorneys at Cravath Swaine & Moore and Latham & Watkins to go up against a large roster of highly experienced government antitrust attorneys.
Expert Analysis
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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A Closer Look At Antitrust Agencies' Chat Platforms Guidance
Following the U.S. antitrust agencies' clarification that companies' preservation obligations extend through applications that automatically delete communications, firms should look at new compliance measures, including keeping control over retention settings, say John Ingrassia and Tim Burroughs at Proskauer.
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Ruling Signals Wave Of CIPA Litigation May Soon End
A California state court's recent ruling in Licea v. Hickory Farms, which rejects the argument that IP address tracking violates the California Invasion of Privacy Act's pen register provision, is likely to reduce or stop the slew of new cases filed against businesses for similar alleged violations, says Patricia Brum at Snell & Wilmer.
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Opinion
High Court Should Settle Circuit Split On Risk Disclosures
The U.S. Supreme Court should grant the petition for writ of certiorari in the Facebook case to resolve a growing circuit split concerning when risk disclosures can be misleading under federal securities laws, and its decision should align with the intent of Congress and the U.S. Securities and Exchange Commission, says Richard Zelichov at DLA Piper.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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How Export Controls Are Evolving To Address Tech Security
Recently proposed export control regulations from the U.S. Department of Commerce are an opportunity for stakeholders to help pioneer compliance for the increasing reliance on the use of outsourced technology service providers, say attorneys at Benesch.
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The Multifaceted State AG Response To New Technologies
In response to the growth of technologies like artificial intelligence, biometric data collection and cryptocurrencies across consumer-facing industries, state attorneys general are proactively launching enforcement and regulatory initiatives — including bipartisan investigations and new state AI legislation, say Ketan Bhirud and Emily Yu at Cozen O'Connor.
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Handling Customer Complaints In Bank-Fintech Partnerships
As regulators mine consumer complaint databases for their next investigative targets, it is critical that fintech and bank partners adopt a well-defined and monitored process for ensuring proper complaint handling, including by demonstrating proficiency and following interagency guidance, say attorneys at Jenner & Block.
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Timing Is Key For Noninfringing Alternatives In Patent Cases
A Texas district court’s recent ruling in Smart Path Connections v. Nokia may affect the timing of expert disclosures and opinion regarding noninfringing alternatives in patent infringement litigation, for both defendants and plaintiffs, says Alexander Clemons at Ocean Tomo.
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Breaking Down The Latest National Security Tech Regulations
Companies all along the semiconductor value chain, across all industries and all geographies, should be mindful of the nature and extent of the highly complex, sweeping U.S. export controls, and how they can impact research and development, investment, production, and sales, say Brendan Saslow and Anthony Rapa at Blank Rome.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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Film Plagiarism Claims May Foreshadow AI Copyright Issues
The contentious plagiarism dispute over the Oscar-nominated screenplay for "The Holdovers" may portend the challenges screenwriters will face when attempting to prove copyright infringement against scripts generated by artificial intelligence technology, says Craig Smith at Lando & Anastasi.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Decoding The FTC's Latest Location Data Crackdown
Following the Federal Trade Commission's groundbreaking settlements in its recent enforcement actions against X-Mode Social and InMarket Media for deceptive and unfair practices with regards to consumer location data, companies should implement policies with three crucial elements for regulatory compliance and maintaining consumer trust, says Hannah Ji-Otto at Baker Donelson.