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Technology
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April 26, 2024
Sen. Panel Set To Vote On Dems' Spectrum Auction Bill
A Senate panel plans to vote on a bill that would renew the Federal Communications Commission's spectrum auction powers and address a shortfall in the agency's national security program.
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April 26, 2024
Feds Probe Tesla Autopilot Recall Fix Amid 'Misuse' Risks
The National Highway Traffic Safety Administration is investigating whether Tesla's software update following a December recall, intended to more clearly warn drivers to stay alert and attentive while using its vehicles' Autopilot advanced driver-assistance system, effectively addressed the risks of "driver misuse."
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April 26, 2024
Google Urges Va. Court To End DOJ's Ad Tech Case
Google urged a Virginia federal court on Friday to toss the U.S. Department of Justice case accusing it of monopolizing key digital advertising technology ahead of trial, saying the government cannot use antitrust law to force a company to help its competitors.
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April 26, 2024
Ex-Walmart Worker Files Ill. BIPA Suit Over Fingerprint Scans
Walmart is violating biometric privacy laws by gathering employees' fingerprint scans when clocking in for shifts and sharing them with various third-party identity service providers without written consent, a former employee alleges in a putative class suit.
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April 26, 2024
TikTok GC To Step Down, Work On Overturning US Law
The global general counsel for TikTok and parent company ByteDance will be stepping down from his role in June to take on a different job within the social media giant, the company announced Friday: fighting a new federal law requiring ByteDance to divest in TikTok or face a ban in the U.S.
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April 26, 2024
HP Defeats Video Coding Patent Case At ITC
The U.S. International Trade Commission has terminated a patent case against HP Inc. by VideoLabs Inc. over video coding patents, agreeing with an administrative law judge that the asserted claims are invalid as indefinite.
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April 26, 2024
Apple Keeps Win Over Fortnite Player In Calif. Antitrust Suit
A California state appeals court on Thursday refused to revive a putative class action brought by Fortnite players alleging that Apple's App Store policies violate the state's antitrust and unfair competition laws, saying because the tech giant's conduct is immune from antitrust liability it can't be held to be "unfair."
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April 26, 2024
Cox Says Insurers Must Pay For Settled DMCA Suit
Cox Enterprises Inc. sued two of its insurers this week over allegations they failed to cover the company's more than $15 million in expenses in defending, and ultimately settling, a novel lawsuit that aimed to hold the internet service provider liable for users' illegal downloads.
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April 26, 2024
CVS Customers Say Colo. Co. 'Eavesdrops' On Web Activity
Two consumers who used CVS.com to order prescription refills have filed a putative class action against a Colorado software service provider claiming it illegally eavesdrops on visitors' interactions with the website without their knowledge, even gathering information about specific drugs and dosages they purchased.
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April 26, 2024
Microsoft Narrows Virtual Assistant Patent Row Ahead Of Trial
A Delaware federal judge has tossed claims that Microsoft's virtual assistant program infringed a patent initially issued to a company that developed Apple's Siri software, but declined to scratch out allegations on another patent in the dispute, which is teed up for trial early next month.
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April 26, 2024
US Says 2 Chinese Nationals Smuggled Semiconductor Tech
The U.S. has charged two Chinese nationals with conspiring to smuggle semiconductor technology to a blacklisted Chinese company, according to an announcement from the U.S. Department of Justice.
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April 26, 2024
FTC Claims Amazon Execs Destroyed Antitrust Evidence
The Federal Trade Commission and state attorneys general urged a Washington federal judge to force Amazon to produce documents detailing its preservation efforts in their high-stakes antitrust fight, arguing that discovery has revealed that ex-CEO Jeff Bezos and other executives used the encrypted app Signal to destroy relevant antitrust evidence.
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April 26, 2024
Mass. Justices Dash Deported Man's Hope For Remote Retrial
Massachusetts' high court ruled Friday that a man deported to the Dominican Republic cannot appear remotely for his retrial on charges that the justices previously vacated, citing court rules.
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April 25, 2024
Tesla Says Investors May Want To Influence Shareholder Vote
Tesla on Thursday questioned the motives of investors who want billions of dollars in company stock put into a trust, saying that their push to hasten the court's decision in their suit over Elon Musk's compensation plan raises concerns that they want to "elicit commentary" ahead of a shareholder meeting.
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April 25, 2024
AI-Created Rant Tied To Principal Leads To Ex-Staffer's Arrest
Baltimore County police on Thursday arrested a former high school athletic director who is accused of using artificial intelligence to generate a racist and antisemitic audio recording falsely attributed to the school's principal, allegedly in retaliation for an investigation into the potential mishandling of school funds.
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April 25, 2024
FTC Sues Bill-Payment Co. Over Misleading Ads, Junk Fees
The Federal Trade Commission on Thursday filed suit against a Seattle-based, third-party bill-paying company for allegedly tricking online consumers into using the company's service by disguising itself as consumers' billers' official payment channel and tacking on junk fees.
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April 25, 2024
GOP Lawmakers Want Intel Chip Exports To Huawei Blocked
Sen. Marco Rubio, R-Fla., and Rep. Elise Stefanik, R-N.Y., demanded Wednesday that the U.S. Department of Commerce "immediately revoke" all export licenses granted to Huawei, following the Chinese technology giant's recent announcement that it plans to use new Intel chips with artificial intelligence capabilities in its latest personal computers.
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April 25, 2024
Meta Can't Get TTAB To Dismiss Software Biz's TM Challenge
An administrative tribunal has dealt a setback to the tech giant formerly known as Facebook in its legal efforts to register a trademark covering its new moniker, allowing an Italian software company called myMeta to proceed with arguments that it was first.
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April 25, 2024
Exail Looks To Nix Suit Challenging Award In Aerospace Feud
High-tech industrial group Exail SAS on Thursday urged a New York court to toss litigation filed by two units of French aerospace and defense corporation Safran looking to vacate an arbitral award issued in a high-stakes dispute arising from a decades-old licensing agreement.
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April 25, 2024
Rubrik Leads Trio Of IPOs That Buoy Recovering Market
Three companies debuted trading Thursday following initial public offerings that raised nearly $1.4 billion combined under guidance from six total law firms, including two offerings that priced above range by data security firm Rubrik and aerospace company Loar, providing fresh energy for a strengthening IPO market.
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April 25, 2024
Legal Battles Set To Begin On Broadband 'Neutrality' Regs
Now that the Federal Communications Commission's Democratic leadership brushed past GOP members' opposition to net neutrality rules, it faces what could be a higher hurdle — growing resistance in the courts to expansive views of agency powers.
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April 25, 2024
Zendesk Beats Shareholders' Suit Over $10B PE Takeover
Zendesk Inc. has defeated a securities class action in California federal court accusing the customer service software company of undervaluing itself to get a $10.2 billion go-private merger with private equity firms approved by Zendesk shareholders.
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April 25, 2024
FCC OKs $1.35B T-Mobile, Mint Deal With Unlocked Phones
The Federal Communications Commission on Thursday approved T-Mobile's $1.35 billion purchase of Ka'ena, the parent company of Hollywood actor Ryan Reynolds' wireless brand Mint Mobile, adopting as a condition for approval the carrier's commitment to more quickly "unlocking" its phones so they can be transferred between service providers.
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April 25, 2024
Delta Illegally Shares Fliers' Info With Facebook, Suit Says
Delta Air Lines Inc. was hit with a proposed class action lodged Thursday in California state court by two customers who accused it of unlawfully sharing their personal information with Facebook, including their travel dates, airport destinations, travel class, loyalty status, language and currency used to book flights on the airline's website.
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April 25, 2024
Microsoft, Nintendo And Others Sued Over Addictive Games
A gamer sued Microsoft Corp., Nintendo of America Inc., Rockstar Games Inc. and other video game developers Wednesday in Georgia federal court over allegations that they are intentionally getting users addicted to boost profits, saying he's suffering from depression and anxiety because of his addiction.
Expert Analysis
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Complying With Enforcers' Ephemeral Messaging Guidance
Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.
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New FinCEN Guide Provides Useful BOI Context For Banks
Financial institutions should review a new Financial Crimes Enforcement Network compliance guide for helpful details about how the agency's beneficial ownership information database should be used, though questions remain about the access rule and whether it will truly streamline bank borrowers' Corporate Transparency Act due diligence, says George Singer at Holland & Hart.
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What's New In FDA's Updated Data Monitoring Guidance
The U.S. Food and Drug Administration's new guidance on the use of data monitoring committees in clinical trials is set to replace the agency's 2006 guidance on the topic, with notable updates including stronger language indicating a more stringent stance against financial conflicts of interest and adaptation to recent changes in DMC structure, say attorneys at Hogan Lovells.
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Strategies For Single-Member Special Litigation Committees
The Delaware Supreme Court's recent order in the Baker Hughes derivative litigation allowing testimony from a single-member special litigation committee highlights the fact that, while single-member SLCs are subject to heightened scrutiny, they can also provide unique opportunities, says Josh Bloom at MoloLamken.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Bracing Cos. For Calif. Privacy Agency's Restored Authority
A recent California state appeals court decision greenlights the California Privacy Protection Agency's enforcement of certain consumer privacy regulations, which may speed up compliance requirements, so businesses considering use of artificial intelligence, for instance, may want to reassess their handling of privacy notices and opt-out requests, say Kevin Angle and Matthew Cin at Ropes & Gray.
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Fed. Circ. In Feb.: Using Prior Products To Invalidate A Patent
The Federal Circuit's recent Weber v. Provisu ruling, that prior-product operating manuals constituted printed publications that can be used to invalidate patents in an inter partes review proceeding, makes it easier for a petitioner to invalidate a patent, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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How Cos. Can Assess Open-Source Contribution Patent Risks
Recent trends underscore the importance of open-source software to the technology industry for both engineering and strategic purposes, and companies should consider using a framework that addresses whether contributions require granting licenses to patent claims in portfolios to analyze associated risks, says Shrut Kirti at TAE Technologies.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Following The Road Map Toward Quantum Security
With the Financial Conduct Authority’s recent publication of a white paper on a quantum-secure financial sector, firms should begin to consider the quantum transition early — before the process is driven by regulatory obligations — with the goal of developing a cybersecurity architecture that is agile while also allowing for quantum security, say lawyers at Cleary.
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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.