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Technology
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September 09, 2024
Navigation Co. Defends Plan To Deploy GPS Alternative
A geolocation company's bid for an exclusive license for a portion of the lower 900 megahertz band to deploy mobile broadband and a navigation system to backstop the Global Positioning System has hit resistance at the Federal Communications Commission.
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September 09, 2024
X Corp. Could Expose Donors To Death Threats, Per Watchdog
Watchdog Media Matters for America claims that for X Corp. to compel production of its donor lists would breach the First Amendment, saying in a Friday brief in a Texas federal court that if the documents go public, its donors would receive violent threats and other abuse.
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September 09, 2024
SEC Fines 7 Companies $3M Over Whistleblower Violations
The U.S. Securities and Exchange Commission on Monday announced a $3 million collective settlement with seven public companies, including TransUnion and Acadia Healthcare Co. Inc., to resolve claims that those companies used employment, separation and other agreements to impede whistleblowers from reporting potential misconduct to the SEC.
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September 09, 2024
AIG Unit Sees Recovery Funds Dispute With RealPage Pared
A federal judge trimmed a lawsuit an AIG unit filed seeking to recover over $1 million it paid to property management software company RealPage after a phishing attack, rejecting both the insurer's stance that the covered fees fell under a recovery provision and RealPage's accusations of Texas Insurance Code violations.
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September 09, 2024
Wi-Fi Router Trade Dispute Paused While Makers Finalize Deal
The U.S. International Trade Commission has stayed all deadlines in an intellectual property dispute between Netgear and TP-Link over TP-Link's Wi-Fi router imports as the pair finalizes a settlement resolving the case.
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September 09, 2024
Meta Wants Mike Huckabee's Fake CBD Ad Suit Tossed
Facebook parent Meta Platforms Inc. asked a Delaware federal judge to throw out former Arkansas Gov. Mike Huckabee's suit alleging it allowed false advertisements claiming he endorsed CBD gummies on its popular social media platform, arguing the claims are clearly barred by Section 230 of the Communications Decency Act.
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September 09, 2024
Tax Court's Take Shouldn't Loom Over Kyocera Case, US Says
The U.S. Tax Court's opinion that allowed a company to treat a gross-up for taxes paid by its foreign subsidiaries as a dividend received goes against what Congress intended and shouldn't be applied to Kyocera's similar claims, the U.S. Department of Justice told a South Carolina federal court.
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September 09, 2024
DLA Piper, Kirkland Guide $875M Cloud Software Deal
DLA Piper is representing artificial intelligence-powered infrastructure software company Progress on a new agreement to buy ShareFile, a business unit of Cloud Software Group Inc., for $875 million, with Kirkland & Ellis LLP advising the seller, Progress said in a Monday statement.
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September 09, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery made some expensive decisions last week, ranging from a $130 million stockholder award and a freeze on $450 million in equity financing to a whopping $1 billion bill for fraud and breach of contract damages. New cases aimed at Virgin Galactic, settlements pulled in Hemisphere Media Group Inc. and court hearings involving Apollo Global Management heated up. In case you missed it, here's the roundup of news from Delaware's Court of Chancery.
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September 06, 2024
ZoomInfo Sued By Investor Over Post-Lockdown Biz Pressure
Software company ZoomInfo Technologies Inc. has been hit with an investor proposed class action in Washington federal court alleging it hurt investors and its own reputation as it took desperate measures to maintain an early-pandemic customer boom and ultimately wrote down $33 million because of improperly recognized revenue.
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September 06, 2024
Earthlink Investors Accept $85M Deal To End Merger Suit
Earthlink investors who say they were duped into approving a $1.1 billion merger with failing telecommunications company Windstream Holdings Inc. told an Arkansas federal judge Friday that they've reached an $85 million deal to end the lawsuit two months before the case was scheduled to go to trial.
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September 06, 2024
Takeaways From Fair Use Rejection Of Free E-Book Library
The Second Circuit's decision shutting down a fair use argument by Internet Archive over its system of scanning physical books and converting them into e-books to lend for free is a resounding victory for book publishers that argued their market was in danger of being supplanted.
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September 06, 2024
Calif. Takes AI Reins With Looming Safety, Transparency Laws
A pair of groundbreaking legislative proposals aimed at ensuring the safe and transparent deployment of artificial intelligence systems are headed to the California governor's desk, raising questions about whether lawmakers are taking the right approach to regulating the emerging technology and how the state's privacy regulator will respond.
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September 06, 2024
Fed. Circ. Revives ParkerVision Patent Suit Against Qualcomm
The Federal Circuit on Friday revived a ParkerVision Inc. lawsuit against Qualcomm Inc. over wireless communications patents, ruling that a Florida judge wrongly relied on earlier decisions to grant summary judgment to Qualcomm and exclude ParkerVision's experts.
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September 06, 2024
TV Stations Fined $3.3M For Mixing Hot Wheels Shows And Ads
The Federal Communications Commission on Friday confirmed fines totaling $3.33 million for Sinclair Broadcast Group Inc. and 18 other broadcasters for violating the Children's Television Act and commission rules by running Hot Wheels toy commercials during a Hot Wheels show on the air.
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September 06, 2024
Gov't Asks Fed. Circ. To Rehear AI Deal Dispute
The federal government is urging the Federal Circuit to revisit a high-profile decision reviving an artificial intelligence company's protest over its exclusion from a National Geospatial-Intelligence Agency procurement, saying the ruling wrongly expanded the Court of Federal Claims' bid protest jurisdiction.
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September 06, 2024
X Corp. Shorted 3 Execs Millions In Severance, Suit Says
Three former executives of Twitter, now known as X, said in a California federal court suit that Elon Musk prevented them from collecting millions in severance benefits following his takeover of the social media company by falsely claiming they were fired for failing to cooperate in investigations.
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September 06, 2024
Music Publishers Argue Their AI Copyright Case Is Different
Music publishing companies suing an artificial intelligence company over using song lyrics say that their copyright lawsuit is different from some other copyright suits against AI developers.
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September 06, 2024
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates more than 100 times in August on issues such as revamping the 4.9 gigahertz spectrum band, using high-power surveillance devices in already crowded Wi-Fi airwaves, fixing mobile "dead zones," stopping scam texts, and more.
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September 06, 2024
SEC Fraud Suit Against Battery Co. Survives Dismissal Bid
A California federal judge has rejected battery developer NDB Inc.'s motion to dismiss a U.S. Securities and Exchange Commission suit alleging the company and its CEO misled investors about the prospects of so-called nano-diamond battery technology, saying the SEC sufficiently pled that the defendants were the "maker" of statements that were materially misleading to investors.
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September 06, 2024
ITC Judge Partially Clears Voltage Of Infringing Solar Patent
North Carolina solar provider Voltage LLC's imports of a "trunk bus" power transmission system infringe a patent owned by Tennessee-based competitor Shoals Technologies Group Inc., but a revised design of the product does not, an administrative law judge of the U.S. International Trade Commission has found.
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September 06, 2024
Property Co. Not Covered By Excess Carriers In Antitrust Row
A property management company is not owed coverage from two excess insurers in an underlying multidistrict litigation surrounding allegations of a price-fixing conspiracy involving software company RealPage Inc., a Massachusetts federal judge ruled, finding the excess insurers had no obligations under the management company's primary policy.
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September 06, 2024
DOJ Must Give Google 'Something Concrete' On Search Fixes
The Justice Department cannot wait until February to propose remedies meant to address Google's default contract exclusionary thumb on the scales of online search, a D.C. federal judge told the agency during a hearing Friday, adding that the government needs to put a definitive proposal on the table much sooner.
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September 06, 2024
Off The Bench: NCAA Flops, NBA Trial, Sunday Ticket Appeal
In this week's Off The Bench, the $2.78 billion deal to settle a vast class action targeting the NCAA's name, image and likeness compensation rules hits a snag, the NBA and Warner Bros. aim for an April trial in their media rights fight, and NFL Sunday Ticket subscribers look to reinstate their $4.7 billion antitrust victory over the league.
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September 06, 2024
Google Hit With Ad Tech Complaint In UK As DOJ Trial Looms
The U.K.'s competition enforcer accused Google on Friday of abusing its dominance over the technology used to place ads on third-party websites, as the tech giant gears up for a trial on similar claims from the U.S. Department of Justice.
Expert Analysis
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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3 Areas Of Enforcement Risk Facing The EV Industry
Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.
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Nat'l Security Considerations For Telecom Products Counsel
An increase in federal national security measures in the telecommunications space, particularly from the Federal Communications Commission, means that products counsel need to broaden their considerations as they advise on new products and services, says Laura Stefani at Venable.
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Preparing For Increased Scrutiny Of Tech Supply Chains
The U.S. Department of Commerce's recent action prohibiting sales of a Russia-based technology company's products in the U.S. is the first determination under the information technology supply chain rule, and signals plans to increase enforcement of protections that target companies in designated foreign adversary jurisdictions, say attorneys at Debevoise.
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5 Steps To Protect Your Business From Spoofed Email Fraud
In today's digital landscape, spoofed email fraud poses a significant threat to businesses, so specifying clear payment instructions and implementing robust verification protocols, among other steps, can significantly reduce the risk of falling victim to email fraud, says Bill Wagner at Taft.
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How In-House IP Counsel Can Deal With AI's Rise
Generative artificial intelligence is poised to revolutionize intellectual property law, especially for smaller and midsize enterprises, meaning IP in-house counsel need to prioritize AI implementation to navigate the coming changes, says Friedrich Laub at Diasorin.
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Analyzing FDA Draft Guidance On Clinical Trial Diversity
In light of the U.S. Food and Drug Administration's draft guidance on clinical trial diversity action plans, there are several important considerations for sponsors and clinical researchers to keep in mind to prevent delay in a drug or device application, say attorneys at Crowell & Moring.
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What's New In The AI Healthcare Regulatory Space
Attorneys at Hogan Lovells review the current legal and regulatory landscape for artificial intelligence applications in healthcare, touching on policies around safety, transparency, nondiscrimination and reimbursement, and what to expect in the future.
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Takeaways From EU's Initial Findings On Apple's App Store
A deep dive into the European Commission's recent preliminary findings that Apple's App Store rules are in breach of the Digital Markets Act reveal that enforcement of the EU's Big Tech law might go beyond the literal text of the regulation and more toward the spirit of compliance, say William Dolan and Pratik Agarwal at Rule Garza.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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7th Circ. Motorola Ruling Raises Stakes Of DTSA Litigation
The Seventh Circuit’s recent ruling in Motorola v. Hytera gives plaintiffs a powerful tool to recover damages, greatly increasing the incentive to bring Defend Trade Secrets Act claims against defendants with large global sales because those sales could generate large settlements, say attorneys at MoFo.
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Dueling Calif. Rulings Offer Insight On 401(k) Forfeiture Suits
Two recent decisions from California federal courts regarding novel Employee Retirement Income Security Act claims around 401(k) forfeitures provide early tea leaves for companies that may face similar litigation, offering reasons for both optimism and concern over the future direction of the law, say Ashley Johnson and Jennafer Tryck at Gibson Dunn.
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3 Policyholder Tips After Calif. Ruling Denying D&O Coverage
A California decision from June, Practice Fusion v. Freedom Specialty Insurance, denying a company's claim seeking reimbursement under a directors and officers insurance policy for its settlement with the Justice Department, highlights the importance of coordinating coverage for all operational risks and the danger of broad exclusionary policy language, says Geoffrey Fehling at Hunton.
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1 Year At The UPC: Implications For Transatlantic Disputes
In its first year, the Unified Patent Court has issued important decisions on procedures like provisional measures, but complexities remain when it comes to coordinating proceedings across jurisdictions like the U.S. due to differences in timelines and discovery practices, say attorneys at McDermott.