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April 15, 2024
DC Judge Blocks Texas AG's Media Matters Investigation
A D.C. federal judge issued a preliminary injunction blocking Texas Attorney General Ken Paxton from investigating Media Matters over its reporting on the X social media platform, ruling that the probe deterred the progressive media watchdog's "core First Amendment activities."
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April 15, 2024
Clearlake Increases Blackbaud Takeover Bid To $4.3B
Private equity shop Clearlake Capital has upped its offer to purchase Blackbaud Inc. by roughly $500 million — bringing its proposal to around $4.3 billion — after the cloud computing software company rejected its previous buyout bid, with the firm saying the take-private deal would be the "clearest path" to maximizing shareholder value.
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April 15, 2024
Attys In Google Maps Case Chided For Wordy Footnotes
A California federal judge has flagged attorneys representing Google Maps customers in an antitrust action for submitting a filing with "numerous excessively long footnotes," and threatening sanctions if they don't provide a reasonable explanation to the court.
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April 15, 2024
Google Says Worker Fired Over Threats, Not Bipolar Disorder
Google told a California federal court it should toss a lawsuit alleging the tech giant fired an employee because he took medical leave due to his bipolar disorder, arguing he was let go because of threatening emails he sent rather than his mental illness.
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April 15, 2024
Simpson Thacher, Willkie Build $1.4B Sale Of Snap One
Willkie Farr & Gallagher LLP-advised Resideo Technologies Inc. on Monday announced plans to buy smart-living products provider Snap One Holdings Corp., led by Simpson Thacher & Bartlett LLP, for $1.4 billion, which will be supported by a $500 million investment from private equity giant Clayton Dubilier & Rice LLC.
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April 15, 2024
Italian Cable Giant Prysmian Buying Encore Wire For $4.2B
Milan-based electric cabling manufacturer Prysmian said Monday it has agreed to purchase McKinney, Texas-based Encore Wire in a transaction with an approximately $4.2 billion enterprise value.
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April 15, 2024
Justices Allow Class Action Over ATM Fees To Proceed
The U.S. Supreme Court on Monday declined to review a D.C. Circuit decision affirming class certifications in a long-running ATM fee dispute, which Visa and Mastercard claimed created a circuit split over the correct standard of review courts should use when considering certification motions.
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April 12, 2024
Gilstrap Rejects Jury Instruction Tweaks In Samsung Retrial
U.S. District Judge Rodney Gilstrap on Friday largely denied jury instruction requests made by both Samsung and G+ Communications ahead of a damages retrial in Texas federal court in litigation over wireless network patents, rejecting each company's ideas for limiting what's presented to jurors.
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April 12, 2024
Real Estate Authority: RE Women In BigLaw, Q1, Proptech
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on gender diversity rates among 20 BigLaw real estate practices, M&A and financing stats from the first quarter, and the 2024 Real Estate Technology Conference in New York.
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April 12, 2024
Patreon Takes Aim At Constitutionality Of Video Privacy Law
Content monetization platform Patreon pressed a California federal judge Friday to toss a proposed class action claiming it violated the Video Privacy Protection Act by sharing members' video-watching data with Meta, arguing that the "poorly drafted" federal law unconstitutionally restricts its speech and imposes damages unrelated to any actual harm.
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April 12, 2024
Sports Co.'s Logistics Shutdown Suit Survives Dismissal Bid
A Washington federal judge has partially rejected a logistics company's dismissal bid in a manufacturer's lawsuit over a cyberattack that allegedly stunted operations, criticizing the "obtuse" argument that their deal didn't explicitly require the contractor to shield the client from such breaches.
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April 12, 2024
Ill. Court Affirms $300K Revenge Porn Award
A man who repeatedly uploaded an intimate video of his ex-girlfriend to pornography sites, identifying her by name and location, cannot shirk the $300,000 in damages that an Illinois judge slapped him with, a state appeals court has ruled.
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April 12, 2024
Epic Wants Google Play Store Reforms After Antitrust Verdict
Following Epic Games' jury win on antitrust claims related to the Google Play Store and Android apps, the "Fortnite" maker has asked a California federal judge to force Google to allow consumers to download apps from wherever they want and bar the tech giant from restricting in-app purchase options.
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April 12, 2024
S. Korea Must Pay Mason $32M In Samsung Merger Fight
An international tribunal ordered South Korea to pay Mason Capital Management LLC $32 million in a long-running investor-state suit filed by the New York-based hedge fund over the 2015 merger of two Samsung affiliates, according to the South Korea Ministry of Justice.
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April 12, 2024
FCC Urged To DQ Iconectiv As Number Portability Manager
The company in charge of the Federal Communications Commision's system for allowing people to switch cell phone providers without losing their number is sister companies with a Voice over Internet Protocol provider — which does not mesh with the agency's neutrality rules, another telecom company is warning.
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April 12, 2024
Ocean Energy Co. Thwarting Shareholder Vote, Investor Says
An investor that has been trying for nearly a year to nominate an alternative slate of directors for the board of an offshore renewable energy company sued in Delaware's Court of Chancery late Thursday, alleging the company and its management have been scheming to prevent a fair stockholder vote.
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April 12, 2024
Fed. Circ. Won't Revive Broadcom Unit's IP In Netflix Fight
The Federal Circuit on Friday backed the Patent Trial and Appeal Board's holding that the vast majority of Broadcom unit Avago Technologies' patent directed to providing digital media services to users is invalid as obvious, based on a challenge from Netflix.
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April 12, 2024
Software Co. Hit With Patent Suit Over Data Tracker
A software developer has accused a rival of infringing patents that allow businesses to track a website user's browsing data without using third-party cookies, costing the developer profits.
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April 12, 2024
House To Retry Spy Bill After Warrant Measure Fails By 1 Vote
The U.S. House of Representatives on Friday voted to reauthorize government surveillance of foreigners without warrants, only to have a Florida Republican call for a reconsideration vote for Monday to require warrants for spying on Americans' communications caught up in the surveillance.
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April 12, 2024
FTC Taking Deeper Look At $35B Synopsys-Ansys Merger
The Federal Trade Commission is opening an in-depth review of Synopsys' $35 billion acquisition of fellow software company Ansys, with Synopsys telling investors that the agency had issued a "second request" for information from both companies.
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April 12, 2024
Critics Blast FCC Call To Raise Net Neutrality 'Ruckus'
A call by the Democratic chief of the Federal Communications Commission for a public "ruckus" to support reinstating Obama-era net neutrality rules shows why the looming order will likely be overturned in court, opponents of the plan said.
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April 12, 2024
Capital Recruiter Awarded $7.8M In Back Fees In Breach Suit
An Atlanta-area capital recruiting firm is owed more than $7.8 million in lost commissions from a former financial technology client that violated its agreement to pay the recruiter to connect it with investors, according to a verdict from a Georgia federal jury.
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April 12, 2024
ITC To Look Into Motorola's 5G IP Claims Against Ericsson
Motorola is taking its 5G intellectual property battle with Ericsson to the U.S. International Trade Commission, with the agency agreeing to launch an investigation into Motorola's accusations of patent infringement against the Swedish company.
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April 12, 2024
Hytera Says It'll Be A 'Shell' If 7th Circ. Doesn't End Sanctions
China-based Hytera Communications has again asked the Seventh Circuit to pause a daily $1 million fine, worldwide product sales ban and other "crushing" sanctions an Illinois federal judge imposed for continuing a Chinese intellectual property suit against her orders, saying it will otherwise become "an empty corporate shell."
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April 12, 2024
IoT Co. Execs Sued Over Projected Revenue Shortfall
Executives and directors of Internet of Things services company Lantronix Inc. have been hit with a shareholder derivative suit accusing them of misleading investors about its revenue prospects for nearly a year.
Expert Analysis
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The Corporate Transparency Act Isn't Dead Yet
After an Alabama federal court's ruling last week rendering the Corporate Transparency Act unconstitutional, changes to the law may ultimately be required, but ongoing compliance is still the best course of action for most, says George Singer at Holland & Hart.
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Employer Pointers As Wage And Hour AI Risks Emerge
Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.
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Webpages Must Meet Accessibility Standard To Be Prior Art
The Patent Trial and Appeal Board's First Solar Inc. v. Rovshan Sade decision, that an available internet resource doesn't necessarily qualify as a prior art "printed publication" that is publicly accessible, serves as a reminder of the unforgiving requirements that must be satisfied to establish that a reference is a printed publication, say attorneys at Akin.
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Employers, Prep For Shorter Stock Awards Settlement Cycle
Companies that provide equity compensation in the form of publicly traded stock will soon have one less day to complete such transactions under U.S. Securities and Exchange Commission and Nasdaq rules — so employers should implement expedited equity compensation stock settlement and payroll tax deposit procedures now, say attorneys at Morgan Lewis.
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The Pros And Cons Of Protecting AI As Trade Secrets
Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.
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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.