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Technology
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March 28, 2024
Oracle Exec Admitted Tech 'Scaring The Lawyers,' Judge Told
Consumers urged a California federal judge Thursday to keep alive Federal Wiretap Act and Florida common law claims in a proposed class action alleging Oracle illegally sold internet users' "electronic profiles," arguing that executive Larry Ellison admitted to the alleged misconduct by stating Oracle's new technology was "scaring the lawyers."
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March 28, 2024
FCC Lacks Legal Power To Collect Blackout Info, Stations Say
TV network affiliates and their national lobbying arm say the Federal Communications Commission lacks legal authority to collect data on impasses between broadcasters and cable and satellite providers that lead to programming "blackouts."
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March 28, 2024
Judge Throws Out IP Suit, Citing Expired 3D Glasses Patent
A federal judge in Houston has tossed a lawsuit brought by a prolific patent litigator on behalf of VDPP LLC, holding that the patent covering 3D glasses had expired before the complaint was anywhere near a courthouse.
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March 28, 2024
DOJ, FTC Weigh In On Another Pricing Algorithm Case
The U.S. Department of Justice and the Federal Trade Commission intervened in another alleged algorithmic collusion case Thursday with a statement of interest arguing that Atlantic City casino-hotels can't duck room rate price-fixing allegations simply by arguing there's no evidence they communicated directly or that pricing recommendations were binding.
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March 28, 2024
Staffing Co. Takes $100K DOJ Deal To End Hiring Bias Claims
An information technology staffing group agreed to pay $100,000 to resolve claims that its online job advertisements discouraged and excluded asylum-seekers and refugees from applying, the U.S. Department of Justice announced.
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March 28, 2024
Special Master Suggests Denying Bid To Toss Gaming IP Row
A special master in the Northern District of Georgia has recommended denying an attempt to throw out patent infringement and trade secret claims that New York-based sports tech company Vetnos LLC has lodged against Atlanta-based rival PrizePicks.
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March 28, 2024
Judge Rejects Amazon's Bid To 'Backpedal' In BIPA Suit
A Delaware federal judge will allow more plaintiffs to join a proposed class action accusing Amazon of violating Illinois' Biometric Information Privacy Act by collecting their voice data during calls to a financial services provider without consent, overriding the tech giant's apparent attempt to backtrack on standing concerns by instead seeking summary judgment.
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March 28, 2024
Texas Judge Lifts Discovery Stay On Google's Bidding Deals
A Texas federal judge agreed to lift a discovery stay in the Texas-led antitrust suit challenging Google's ad technology, allowing the 16 plaintiff states and Puerto Rico access to additional information about a network bidding agreement between Google and Facebook that they claim stymied competition in the digital advertising market.
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March 28, 2024
Judge Powers Down Lenovo Computer Crashing Claims
A Michigan federal judge on Wednesday scrapped a proposed class action claiming Lenovo marketed a computer as reliable when it allegedly suffered from performance issues, saying the company never promised the computer wouldn't freeze or crash.
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March 28, 2024
Chancery Tosses Mixmax Derivative Suit
A stockholder who filed a derivative suit against two Mixmax Inc. directors without first notifying the company's board has failed to prove that a majority of the board was too compromised to respond to the shareholder's concerns, so the lawsuit must be dismissed, a Delaware Chancery Court judge ruled.
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March 28, 2024
Google Wants Apple Search Pact Antitrust Suit Axed For Good
Google urged a California federal judge to permanently dismiss an amended antitrust suit over an agreement with Apple that would make Google the default iPhone search engine, calling it an untimely effort to "piggyback" on the U.S.'s monopolization case against Google without asserting any specified, antitrust injury.
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March 28, 2024
Advocates Push For More Hot Spot Options If E-Rate Expands
The Federal Communications Commission needs to consider a tech-neutral approach to funding wireless hot spots in schools to make sure that low-income and rural areas do not get left out if mobile carrier signals aren't adequate, an advocacy group said.
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March 28, 2024
4 Takeaways As Hollywood Asks For AI Deepfakes Laws
Deepfakes have ceased to live solely in the world of science fiction, and their proliferation has already presented disturbing examples of a distorted reality — from phony robocalls by politicians to bogus celebrity nudes.
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March 28, 2024
Tesla Judge Cites Rodney King Litigation In OK'ing EEOC Suit
A California federal judge indicated Thursday she'll likely deny Tesla's bids to toss or stay the U.S. Equal Employment Opportunity Commission's allegations that the electric carmaker fostered rampant racism at its Fremont factory, saying ongoing state litigation doesn't preclude the EEOC's claims and comparing the fight to Rodney King litigation.
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March 28, 2024
Meta Says Speech Immunity Dooms Instagram Addiction Case
Meta on Thursday asked a Massachusetts judge to toss a lawsuit alleging it has intentionally misled users about Instagram features purportedly designed to addict children and teens, saying it is shielded both by federal law and the First Amendment.
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March 28, 2024
MLS, Trade Group Say DOJ Deal Fix Itself Anti-Competitive
The U.S. Department of Justice drew fire Wednesday for pushing what a real estate trade group argued would itself be an anti-competitive rule, as the DOJ and other outside groups vie to influence a proposed $3 million settlement over house broker commissions in Massachusetts federal court.
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March 28, 2024
Walmart Gives Enforcers More Time On $2.3B Vizio Deal Probe
Walmart is giving the U.S. Department of Justice and Federal Trade Commission more time to complete their initial review of the retail giant's plan to boost its advertising business through the $2.3 billion purchase of smart television maker Vizio.
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March 28, 2024
FCC Urged To Reject T-Mobile Network 'Slicing' Proposal
The Federal Communications Commission shouldn't heed T-Mobile's call to craft network slicing rules that would essentially allow any mobile service provider to escape the agency's net neutrality rules against paid prioritization, according to one advocacy group.
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March 28, 2024
Texas Airbnb Host Says Suit Over Fatal Blast In Wrong Venue
The Texas owner of an Airbnb rental unit in Jamaica where a gas stove exploded, causing fatal injuries to a Connecticut woman, says she cannot be sued where the victim lived, arguing that she never targeted the online listing for the property to anyone in Connecticut and that the federal court there lacks jurisdiction over her as a resident of Texas.
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March 28, 2024
Commerce Adds Export Admin Roles To Boost Nat'l Security
The U.S. Department of Commerce's Bureau of Industry and Security is adding two new deputy assistant secretaries for export administration as part of a modernization drive to meet its growing national security role, the assistant secretary announced Thursday.
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March 28, 2024
Steptoe Taps McDermott's Fintech Head To Be NY Partner
A longtime partner at McDermott Will & Emery LLP who led the firm's fintech and blockchain transactions practice has joined Steptoe LLP in New York, where she will focus her practice on blockchain, crypto, derivatives and fintech.
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March 28, 2024
NC Atty Calls Airline Mogul's Bank Records Request 'Reckless'
A North Carolina attorney has asked a federal court to snuff a request by an airline tycoon to dig into the attorney's banking records as part of a hacking conspiracy lawsuit, arguing the request is an overbroad, "reckless" grab at irrelevant information.
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March 28, 2024
Bankman-Fried Gets 25 Years For 'Very Bad Bet' Of FTX Fraud
FTX founder Sam Bankman-Fried was sentenced Thursday to 25 years in prison for stealing more than $11 billion from customers, investors and lenders of his now-collapsed cryptocurrency empire, with a Manhattan federal judge saying the infamous risk-taker "made a very bad bet about the likelihood of getting caught."
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March 27, 2024
9th Circ. Revives Claims Against Apple In Crypto Theft Row
The Ninth Circuit on Wednesday partially reinstated a putative class action accusing Apple of misrepresenting the safety of its App Store after users' cryptocurrency was stolen from an app, finding that while a federal tech immunity law shielded Apple from an array of fraud and wiretapping claims, three consumer protection claims could move forward.
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March 27, 2024
Amazon Can't Block DSA Ad Repository Requirements
A European court reversed a ruling temporarily exempting Amazon from a set of regulations for large digital platforms, ruling Wednesday that — like Apple's App Store, Facebook and Instagram — Amazon will have to maintain a publicly available repository of advertising information, as mandated by the European Union's 2022 Digital Services Act.
Expert Analysis
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Artificial Intelligence Is In Need Of Regulation — But How?
Since most of the artificial intelligence-related laws in 2023 were part of more extensive consumer privacy law, the U.S. still has a lot of work to do to build consensus on how to oversee AI, and even who should do the regulating, before moving forward on specific and reasonable guidelines as AI's capabilities grow, say Nick Toufexis and Paul Saputo at Saputo Toufexis.
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Trends Shaping The 2024 Consumer Packaged Goods Industry
The better-for-you segment within the consumer packaged goods industry is poised for a significant evolution in 2024, and industry players must remain agile and adaptive through M&A activities, legal considerations, sustainability initiatives and changing technology, says Christopher Cain at Foley & Lardner.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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Reviewing 2023's Global AI Landscape Across Practice Areas
2023 stands out as a landmark year for artificial intelligence, both domestically and internationally, so legal professionals should brace for an increasingly complex future shaped by AI's integration into a multitude of sectors, including intellectual property, data privacy and cybersecurity, and ethics, say Fran Faircloth and May Yang at Ropes & Gray.
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2024 Trends To Watch As AI And IP Litigation Intersect
Just as generative artificial intelligence tools have proven unpredictable, the resulting legal disputes may also hold a few surprises in store for 2024, as intellectual property litigation related to AI inputs, outputs and the tools themselves takes shape, say Philip Warrick and Chengming Liu at Irell & Manella.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Opinion
Why Challenges To FTC Authority Are Needed
In spite of skepticism from courts, the Federal Trade Commission continues to advance novel legal theories — and Meta's recent federal suit against the agency over its alleged "structurally unconstitutional" administrative proceedings is arguably an expression of backlash to regulatory overreach, says Daniel Gilman at the International Center for Law & Economics.
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Del. Dispatch: The 2023 Corporate Cases You Need To Know
Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.
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The Year In FRAND: What To Know Heading Into 2024
In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.
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What's Ahead For Immigrant Employee Rights Enforcement
The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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10 Steps To Reduce Risks From AI Employment Tools
In light of the White House’s recent executive order on responsible use of artificial intelligence, companies using AI tools to make employment decisions should take steps to understand and mitigate the legal risks posed by these products and keep up with the rapidly evolving regulations that govern them, say attorneys at Cooley.
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5 Trends To Watch In Property And Casualty Class Actions
In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How The PTAB Landscape Shifted In 2023
Attorneys at Finnegan consider the impact of noteworthy Patent Trial and Appeal Board developments in 2023, including rulemaking, litigation, precedential decisions and director reviews that affected PTAB practice, and offer a reference for examining future proceedings and strategies.