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Technology
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September 23, 2024
Journalists Say EBay Can't ID Sources In Stalking Case
A Massachusetts couple who were harassed by a group of eBay Inc. employees over their negative blog posts about the company said they shouldn't have to turn over the names of confidential sources purportedly scared off by the ordeal.
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September 20, 2024
RV Co. Wins $5.5M Enhanced TM Damages, $1.3M Atty Fees
Forest River can collect enhanced damages after a jury determined inTech Trailers infringed its mountain design trademarks on recreational vehicles, an Indiana federal judge ruled Thursday, increasing the award from $2 million to more than $5.5 million to make sure inTech does not profit from its infringement.
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September 20, 2024
AGs Push To Can Google Privacy Deal With No Class Payout
Nearly two dozen Republican state attorneys general are urging the Ninth Circuit to scrap a data privacy deal that requires Google to pay $62 million to plaintiffs' counsel and third-party organizations but gives no money to individual class members, arguing that consumers aren't adequately benefiting from the settlement.
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September 20, 2024
Ad Tech Judge Not Biting On Google's Market Metaphor
Comparing Big Macs and Whoppers to undermine the Justice Department's market definition appeared to be a step too far Friday for the Virginia federal judge weighing the fate of Google's display advertising placement technology.
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September 20, 2024
ITC Has Been Launching Fewer Section 337 Investigations
Intellectual property activity at the U.S. International Trade Commission has "decreased somewhat," the agency said in a report Friday.
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September 20, 2024
Cities Score Wins Over FCC Even In 9th Circ. Permitting Loss
Even though the Ninth Circuit in a recent decision largely upheld a Federal Communications Commission policy that reined in municipal governments' power to impose zoning restrictions on wireless network siting, the court's ruling wasn't all bad news for city officials.
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September 20, 2024
EV Battery Co. Hit With $207M Default Loss For Lack Of Attys
Shareholders of electrical vehicle battery maker Romeo Power Inc. have secured a $206.8 million default win against the company after it failed to retain new counsel in a proposed class action alleging it concealed its acute shortage of high-quality battery cells before going public via a merger with a blank check company.
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September 20, 2024
SEC To Seek Sanctions For Musk Deposition 'Gamesmanship'
The U.S. Securities and Exchange Commission plans to seek sanctions against Elon Musk for not showing up to a scheduled deposition over his $44 billion acquisition of Twitter and instead flying to Florida to oversee a SpaceX launch, telling a California federal judge Friday that his excuse "smacks of gamesmanship."
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September 20, 2024
Judge Won't Toss Fraud Suit Against Crypto-Forex Co. Execs
A Florida judge decided that the CEO and a founding shareholder of purported foreign exchange currency broker FxWinning Ltd. have sufficient ties to Florida to keep them among the defendants of a suit alleging the business and its operators perpetrated a multimillion-dollar fraud.
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September 20, 2024
FCC Launches $200M School, Library Cybersecurity Program
The Federal Communications Commission has begun rolling out a new cybersecurity program for schools and libraries under the E-Rate federal subsidy for "anchor" institutions, highlighting their increasing vulnerabilities to cyberattacks.
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September 20, 2024
Amazon Seller Rips Rival As 'Bully' In Fake Reviews Suit
A maker of jump starters for cars on Thursday urged an Ohio federal court to reject a sanctions bid by a Chinese competitor that it accuses of posting fake reviews on Amazon in order to win market share, saying that the company is trying to "bully" its way out of the suit.
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September 20, 2024
Media Ownership Needs More Oversight, 8th Circ. Told
A coalition of media reform advocates, broadcast workers and public interest groups are coming to the defense of the Federal Communications Commission's updated broadcast ownership rules, telling the Eighth Circuit in a new brief Friday that the changes will promote competition and diversity in the TV and radio broadcast industry.
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September 20, 2024
Justices Asked To Clarify IP Eligibility In Animation App Case
App developer Plotagraph has asked the U.S. Supreme Court to review a Federal Circuit decision that found its patents that allow users to create the illusion of movement within digital photos or videos were invalid because they were abstract under the high court's Alice decision.
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September 20, 2024
Judge Doubts Amazon Targeted Workers On Military Leave
A Washington federal judge pressed an ex-Amazon employee on Friday to back up allegations that she was fired for taking military leave, saying the termination appeared to be an administrative "oops" on the company's part that it has since corrected by offering reinstatement and back pay.
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September 20, 2024
Calif. Panel Backs VW Drivers' $3.5M Data Breach Deal
California appellate justices have upheld Volkswagen and Audi drivers' $3.5 million data breach settlement and rejected an objector's request to intervene and vacate judgment, finding that her disagreement with their litigation strategy doesn't mean her interests weren't adequately represented.
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September 20, 2024
Northwestern Scores $6.6M Verdict On 'Cobot' Patents
A Delaware federal jury has awarded $6.6 million to Northwestern University after finding that Universal Robots infringed claims in three patents on collaborative robot, or "cobot," systems.
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September 20, 2024
Agriculture Tech Biz's $147M SPAC Merger Is Scrapped
Miami-headquartered special purpose acquisition company Agrinam Acquisition Corp. and Boston-based agricultural technology company Freight Farms Inc. have nixed their merger plans that would have seen Freight Farms go public at a market capitalization of around $147 million.
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September 20, 2024
Microsoft Accused Of Racial Bias By Ex-Diversity Professional
A former Microsoft employee tasked with helping advance diversity and inclusion efforts has filed a discrimination suit in Washington state court accusing the tech giant of an "ongoing campaign of intimidation, discrimination, and retaliation" against its Black female employees.
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September 20, 2024
Chevron's Demise May Not Bring Deluge Courts Had Feared
Though the death of Chevron deference has opened a door to attacking administrative decisions, the expected uptick in litigation probably won't threaten to clog federal courts, numerous administrative law experts told Law360.
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September 20, 2024
Taxation With Representation: Gibson Dunn, Holland & Knight
In this week's Taxation With Representation, CACI International buys Azure Summit Technology, Hotel Engine lands a valuation led by Permira, and Knowles Corp. sells its microphone business to Syntiant Corp.
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September 20, 2024
DOE Picks 25 Battery Projects For $3B Of Awards
The U.S. Department of Energy on Friday said it has selected 25 projects across 14 states for negotiations for $3 billion of federal funding aimed at boosting the domestic production and recycling of batteries and key materials.
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September 20, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen crypto exchange Binance face a new claim from the co-founder of SO Legal, a U.S. immersive art company take on a Bristol venue for copyright violations and Blake Morgan LLP hit with a pension schemes claim by The Trust for Welsh Archeology. Here, Law360 looks at these and other new claims in the U.K.
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September 19, 2024
Publishers 'Did Not Trust Google,' Former Ad Tech Exec Says
A former Google executive acknowledged Thursday that at least some website publishers sought a workaround to the search giant's advertising placement technology because they didn't trust the company's consolidated control, which the Justice Department has challenged in a Virginia federal courtroom.
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September 19, 2024
Michigan Judge Clears BMW Of Infringing Navigation Patent
A Michigan federal judge has put an end to infringement allegations in Detroit in the final case of a decadelong legal saga over a patent on a way of navigating cars, finding that BMW cars don't do what's covered in the patent.
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September 19, 2024
Congress Clears Bill Setting Aside Space Launch Spectrum
Congress has sent a bipartisan bill to the White House that would set aside certain airwaves specifically for use in commercial space launches in a bid to drive space industry growth.
Expert Analysis
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Navigating A Potpourri Of Possible Transparency Act Pitfalls
Despite the Financial Crimes Enforcement Network's continued release of guidance for complying with the Corporate Transparency Act, its interpretation remains in flux, making it important for companies to understand potentially problematic areas of ambiguity in the practical application of the law, say attorneys at Sidley.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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DOJ Must Overcome Hurdles In RealPage Antitrust Case
The U.S. Department of Justice's recent claims that RealPage's pricing software violates the Sherman Act mark a creative, and apparently contradictory, shift in the agency's approach to algorithmic price-fixing that will face several key challenges, say attorneys at Clifford Chance.
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How Companies Are Approaching Insider Trading Policies
An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.
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11 Patent Cases To Watch At Fed. Circ. And High Court
As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.
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Why India May Become A Major Patent Litigation Forum
India is reinventing itself with the goal of becoming a global hot spot for patent litigation, with recent developments at the Delhi High Court creating incentives for plaintiffs to assert patent rights in India, say Ranganath Sudarshan at Covington and IP litigator Udit Sood.
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Increased IPOs In '24 Shows Importance Of Strategic Planning
Initial public offerings, debt issuances and M&A activity so far in 2024 have shown substantial increases over comparable periods in 2023, highlighting why counsel should educate clients on market trends and financing alternatives to proactively prepare them to be ready to take advantage of opportunities, say attorneys at Skadden.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Bid Protest Spotlight: Rule Of Two, Post Award, Cost Request
In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions from the U.S. Government Accountability Office, offering distinct reminders for contractors challenging solicitations while an agency takes corrective action, pursuing post-award bid protests and filing timely cost reimbursement requests.
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Finding Coverage For Online Retail Privacy Class Actions
Following recent court rulings interpreting state invasion of privacy and electronic surveillance statutes triggering a surge in the filing of privacy class actions against online retailers, companies should examine their various insurance policies, including E&O and D&O, for defense coverage of these claims, says Alison Gaske at Gilbert LLP.
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The Fed. Circ. In August: Secret Sales And Public Disclosures
Two recent Federal Circuit rulings — Sanho v. Kaijet and Celanese International v. ITC — highlight that inventors should publicly and promptly disclose their inventions, as a secret sale will not suffice as a disclosure, and file their patent applications within a year of public disclosure, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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The State Law Landscape After Justices' Social Media Ruling
Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.
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Old Employment Law Principles Can Answer New AI Concerns
Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.
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Navigating New Enforcement Scrutiny Of 'AI Washing'
The U.S. Securities and Exchange Commission's recent lawsuit against Joonko Diversity, its first public AI-focused enforcement action against a private company, underscores the importance of applying the same internal legal and compliance rigor to AI-related claims as other market-facing statements, say attorneys at Fried Frank.
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Increased Scrutiny Raises Int'l Real Estate Transaction Risks
Recently proposed regulations expanding the Committee on Foreign Investment in the United States' oversight, a White House divestment order and state-level legislative efforts signal increasing scrutiny of real estate transactions that may trigger national security concerns, say Luciano Racco and Aleksis Fernández Caballero at Foley Hoag.