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Technology
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April 22, 2024
Kansas Gov. Signs Earned Wage Access License Bill Into Law
Kansas has become the fourth state to approve new laws governing so-called earned wage access products, joining Nevada, Missouri and Wisconsin in regulating services for workers seeking cash advances.
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April 22, 2024
FCC Fines AT&T, Internet Co. For Discussing Auction Bids
AT&T Services Inc. and AMG Technology Investment Group LLC have not been able to convince the Federal Communications Commission to kibosh a combined $175,000 in fines for talking to each other during the bidding process for an auction of funds to subsidize infrastructure build-out.
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April 22, 2024
FCC Eyes Rule Changes For Independent Video Programmers
The Federal Communications Commission plans to explore how federal rules can better help independent video programmers thrive in a competitive media landscape and may prohibit a pair of provisions that affect their contracts with distributors.
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April 22, 2024
Ex-Tech CEO Gets 18 Months, $1M Fine For Investor Fraud
The former CEO of software company HeadSpin Inc. will spend 18 months in prison and pay a $1 million fine after pleading guilty to wire fraud and securities fraud for cooking the books as he pitched investors and raised over $100 million.
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April 22, 2024
Watchdog Nixes Unfair Treatment Claims In $310M VA IT Deal
The U.S. Government Accountability Office was unconvinced that the U.S. Department of Veterans Affair graded an IT firm's bid for a $310.3 million deal more harshly than a competitor's, saying the rankings reflected differences in the bids.
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April 22, 2024
Social Media MDL Attys Ordered To Sort Out Confidentiality
A California federal judge presiding over discovery in multidistrict litigation over whether social media platforms' design is addictive warned parties at a hearing Monday not to ask him to resolve disputes over confidentiality designations, asking repeatedly, "Why do they matter?" and saying, "These are the kinds of things that lawyers should work out."
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April 22, 2024
$1 Awarded To Software Co. Splunk In Copyright Fight
A California federal jury on Monday awarded software company Splunk a single dollar in damages in a suit accusing rival Cribl of copyright infringement.
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April 22, 2024
Amazon Illegally Gathered Workers' Face Scans, Suit Says
Amazon.com Services faces a proposed class action filed Monday in Illinois federal court accusing the retail giant of gathering employees' facial geometry scans and sharing them with various third parties without first receiving the employees' written consent in violation of the Illinois Biometric Privacy Act.
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April 22, 2024
Gambling Co., Casinos Battle Over Shuffler Antitrust Claims
Scientific Games successor Light & Wonder has urged an Illinois federal judge not to certify a class of automatic card shuffler buyers, even as the riverboat casinos accusing it of tricking the patent office into shoring up its shuffler monopoly argued that their claims should go to trial.
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April 22, 2024
Robinhood 'Meme Stock' Investors Lose New Class Cert. Bid
A Florida federal judge has denied a bid from Robinhood investors to file a new motion for class certification in a suit over the trading platform's suspension of so-called meme stock purchases, saying the deadline for class certification has passed and the investors have not shown a good reason to extend it.
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April 22, 2024
Group Backs Net Neutrality, But Not Fees On Broadband
Despite supporting a planned net neutrality regime, media advocacy group Free Press has argued against using the new rules to impose fees on the broadband industry to support telecommunications subsidies, saying the idea would only harm consumers.
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April 22, 2024
ITC Backs Partial Win For Voltage In Shoals Solar Patent Case
The full U.S. International Trade Commission has declined to review an administrative law judge's finding that Shoals Technologies Group did not satisfy the requirement of showing it has a domestic industry for one of the solar technology patents it has accused Voltage LLC of infringing.
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April 22, 2024
E-Truck Maker Rivian Faces Investor Suit Over Sales Slump
Electric-vehicle manufacturer Rivian Automotive Inc. has been hit with a proposed class action alleging it misled investors by overstating the demand for its products and downplaying the impact historically high interest rates were having on its customers' shopping habits.
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April 22, 2024
Conn. Lawmaker Wants To Allow Suits For AI Discrimination
Connecticut citizens should be able to bring private lawsuits if an artificial intelligence system discriminates against them, a key lawmaker said Monday as the state's judiciary committee voted to advance a bill regulating the use of AI programs that can make significant decisions for consumers in the state.
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April 22, 2024
Palo Alto Networks Execs Face Suit Over Misleading Outlook
Executives and directors of cybersecurity company Palo Alto Networks have been hit with a shareholder derivative suit in California federal court alleging they misled investors about the success of its platform consolidation strategy, which was expected to result in lucrative government contracts.
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April 22, 2024
Congress Can Enact Corp. Transparency, Orgs Tell 11th Circ.
Congress is empowered to require American companies to report their beneficial owners to the federal government because there is ample evidence they've previously been used to fund hostile foreign actors, evade sanctions and traffic drugs, two think tanks told the Eleventh Circuit in an amici brief.
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April 22, 2024
GM, Others Sued For Sharing Driver Data With Insurers
Two New Jersey drivers say they saw increases in their insurance premiums after General Motors and its OnStar unit allegedly used apps installed in their vehicles to illegally share driver data with consumer reporting agencies and insurance carriers without their consent.
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April 22, 2024
Ex-Gov. Huckabee Says Bloomberg Can't Duck Copyright Suit
Former Arkansas Gov. Mike Huckabee has urged a New York federal court not to dismiss Bloomberg from his proposed class action alleging copyright infringement of e-books to train the media company's large language model, arguing the business cannot lean on a fair use defense to toss the complaint at this stage.
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April 22, 2024
Google Faces Sanctions Bid Over Alleged Data Destruction
A putative class of Google account holders urged a California magistrate judge to sanction and hold Google in contempt for purportedly intentionally destroying key evidence in their suit, which claims Google's ad auction practices violate privacy rights, arguing Google has a pattern of the alleged misconduct in the district.
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April 22, 2024
EU Threatens To Suspend 'Addictive' TikTok App Features
The European Commission warned TikTok on Monday that it may suspend a key feature of the video sharing platform's new app that rewards users for watching videos unless it addresses the watchdog's concerns about addictive elements of the new app and its risk to mental health.
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April 22, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware's Chancery Court news included a Tesla announcement about moving to Texas, a midcase appeal of Tripadvisor's move to Nevada, and United Airlines' escape from a stockholder suit. Disputes about board entrenchment, squeeze-out mergers, co-founder fallouts and deadly ice cream moved ahead.
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April 22, 2024
Foley & Lardner Gains Two Perkins Coie IP Partners
Foley & Lardner LLP has landed two attorneys from Perkins Coie LLP who focus on a range of intellectual property and patent matters and work with clients in the financial technology and software industries, the firm announced Monday.
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April 22, 2024
High Court Turns Away Ex-HP Worker's Disability Bias Suit
The U.S. Supreme Court on Monday refused to take up a former Hewlett Packard employee's challenge to a Fourth Circuit decision finding he wasn't entitled to a jury trial over allegations that he was fired for seeking accommodations to treat an arthritic toe.
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April 22, 2024
Thermo Fisher Says Rival Is Raiding Its Workforce
Thermo Fisher Scientific Inc. is seeking to block Repligen Corp. from hiring one of its top executives, according to a suit in Massachusetts state court accusing the rival of a "systematic raiding" of its workforce.
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April 22, 2024
UAE Considering R&D Tax Break, Seeks Feedback
The United Arab Emirates is seeking public input to help design a possible research and development tax incentive proposal to help drive innovation and growth, its Ministry of Finance said.
Expert Analysis
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How Policymakers Can Preserve The Promise Of Global Trade
Global trade faces increasing challenges but could experience a resurgence if long-held approaches adjust and the U.S. accounts for factors that undermine free trade's continuing viability, such as regional trading blocs and the increasing speed of technological advancement, says David Jividen at White & Case.
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10 Areas To Watch In Aerospace And Defense Contracting Law
The near future holds a number of key areas to watch in aerospace and defense contracting law, ranging from dramatic developments in the space industry to recent National Defense Authorization Act updates, which are focused on U.S. leadership in emerging technologies, say Joseph Berger and Chip Purcell at Thompson Hine.
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Opinion
Proposed MDL Management Rule Needs Refining
Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.
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Meta Data Scraping Case Has Lessons For Platforms, AI Cos.
The California federal court ruling that artificial intelligence company Bright Data's scraping of public data from Meta social media sites does not constitute a breach of contract signals that platforms should review their terms of service and AI companies could face broad implications for their training of algorithms, say attorneys at Arnold & Porter.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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How Harsher Penalties For AI Crimes May Work In Practice
With recent pronouncements from the U.S. Department of Justice that prosecutors may seek sentencing enhancements for crimes committed using artificial intelligence, defense counsel should understand how the sentencing guidelines and statutory factors will come into play, says Jennie VonCannon at Crowell & Moring.
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2nd Circ.'s Binance Locus Test Adds Risk For Blockchain Cos.
The Second Circuit’s recent use of the irrevocable liability test to rule a class action may proceed against decentralized crypto exchange Binance heightens the possibility that other blockchain-based businesses with domestic customers and digital infrastructure will find themselves subject to U.S. securities laws, say attorneys at Holland & Knight.
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AI In Performance Management: Mitigating Employer Risk
Companies are increasingly turning to artificial intelligence tools in performance management, exposing organizations to significant risks, which they can manage through employee training, bias assessments, and comprehensive policies and procedures related to the new technology, say Gregory Brown and Cindy Huang at Jackson Lewis.
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Legal Issues When Training AI On Previously Collected Data
Following the Federal Trade Commission's recent guidance about the use of customer data to train artificial intelligence models, companies should carefully think through their terms of service and privacy policies and be cautious when changing them to permit new uses of previously collected data, says James Gatto at Sheppard Mullin.
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Document Retention Best Practices To Lower Litigation Risks
As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Compliance Steps After ABA White Collar Crime Conference
Senior law enforcement officials’ statements this month at the American Bar Association's white collar crime conference suggest government enforcement efforts this year will increasingly focus on whistleblower incentives, artificial intelligence and data protection, and companies will need to update their compliance programs accordingly, say attorneys at Baker McKenzie.
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2 Issues For Venture-Backed Climate Tech Startups To Avoid
As climate tech startups become more common, poor equity dilution management and stacked seed financing are two common pitfalls that apply more acutely to climate tech startups than to the broader venture-backed startup space, say attorneys at Goodwin.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Uncertainty Surrounds Patent Eligibility Restoration Bill
A recent U.S. Senate hearing regarding the Patent Eligibility Restoration Act, a bill that aims to overhaul patent eligibility law and establish clearer statutory exclusions, marks a pivotal moment in the ongoing patent eligibility debate, but the law’s fate remains uncertain as discussions continue, say attorneys at Marshall Gerstein.