Technology

  • September 24, 2021

    Theranos Execs Put PR Over Patients, Ex-Lab Chief Testifies

    A former Theranos laboratory director testified in ex-CEO Elizabeth Holmes' criminal trial Friday that he resigned after company executives insisted on rolling out blood-testing devices riddled with technical problems that caused serious inaccuracies, saying management "believed more about PR and funding than about patient care."

  • September 24, 2021

    2nd Circ. OKs Vimeo's Removal of LGBTQ Conversion Videos

    The Second Circuit on Friday affirmed dismissal of Church United's claim that Vimeo discriminated by deleting its account over videos promoting gay conversion, saying the mere fact Vimeo didn't remove other videos with references to LGBTQ sexual orientation isn't enough to show discriminatory intent.

  • September 24, 2021

    SEC's 1st Crowdfunding Enforcement Turns Heat On Portals

    The U.S. Securities and Exchange Commission's decision to target a crowdfunding portal in its first enforcement action involving such capital campaigns sends a strong signal that regulators expect intermediaries to thoroughly vet these fundraising efforts or face repercussions, attorneys said.

  • September 24, 2021

    Trump Fights Transfer Of Big Tech Censorship Suits To Calif.

    Former President Donald Trump is urging a Florida federal judge to dismiss requests by Twitter and YouTube to transfer his censorship suits against them to the Northern District of California, saying the forum selection clauses in their terms of service do not apply to governmental entities.

  • September 24, 2021

    At Fed. Circ., Fintiv Fights To Keep Apple Trial In Waco

    The software company Fintiv shot back against Apple's attempts to keep its jury showdown in a patent dispute in an Austin courthouse that's currently holding few trials because of the COVID-19 pandemic.

  • September 24, 2021

    China Bans All Crypto Transactions In Broad Clampdown

    China declared all cryptocurrency transactions in the country illegal Friday, marking its harshest crackdown yet on the burgeoning industry.

  • September 24, 2021

    States Go First In Google Display Ads Case

    The Texas-led state attorneys general lawsuit against Google will go through briefing on dismissal motions while the rest of the massive consolidated case remains paused, a New York federal judge ruled Friday in an attempt to impose some order on litigation over the search giant's display advertising business.

  • September 24, 2021

    COVID Test Maker, Analytics Firm Price IPOs Totaling $740M

    A COVID-19 home test maker and a software analytics firm went public Friday after raising a combined $740 million in a pair of initial public offerings, guided by four law firms, concluding a busy but bumpy week for IPOs.

  • September 24, 2021

    FanDuel Fine Print For Users Dooms Ill. Man's Suit

    An Illinois resident suing FanDuel for allegedly feeding bettors false information did not help his case by citing terms of service specifically disclaiming liability for inaccurate intel, an Illinois federal judge said Thursday as she tossed the man's proposed class action.

  • September 24, 2021

    Crypto Exchange Blacklisting To Test US Sanctions' Teeth

    The U.S. Department of the Treasury's unprecedented blacklisting of a cryptocurrency platform accused of helping cybercriminals convert funds into real-world currency will test its ability to sway ransomware actors' behavior, as officials sharpen their pitch for victims to report attacks.

  • September 24, 2021

    9th Circ. Gives Go-Ahead To CRT Settlement

    The Ninth Circuit said that it will not reconsider settlements between makers and certain purchasers of cathode ray tubes and denied efforts to intervene by members of the purchasing class who were not part of the settlements.

  • September 24, 2021

    Del. Jury Says Comcast App Infringes 1 Of Tech Co.'s Patents

    A federal Delaware jury issued a verdict finding Comcast's Xfinity brand app indirectly infringes a small technology company's patent for a way of turning a remote control into a customer service "concierge device," but cleared Comcast of claims of infringing a related patent.

  • September 24, 2021

    Sen. Presses FCC To Step Up Action Against Spam Texts

    Amid proliferating spam texts, Sen. Richard Blumenthal on Friday urged the Federal Communications Commission to crack down on unwanted messages as regulators try to beat back the deluge of unsolicited phone traffic plaguing consumers.

  • September 24, 2021

    John Stossel Says Facebook Defamed Him With Fact-Checks

    Facebook defamed veteran journalist John Stossel by flagging two of his video reports interviewing climate change experts as containing factual inaccuracies, even though none of the reported information was false, according to a federal lawsuit filed this week in California.

  • September 24, 2021

    SPAC Investor Sues Over Post-Deal Slide Of Telehealth Co.

    A blank-check company stockholder whose shares began a deep nosedive immediately after its $1.35 billion reverse merger with digital health management venture UpHealth has sued sponsor Avi Katz and others in Delaware, claiming fiduciary duty breaches and unjust enrichment.

  • September 24, 2021

    MVP: Simpson Thacher's Kevin Kennedy

    Shepherding multibillion-dollar initial public offerings for companies like Airbnb and managing a switch from an IPO to a direct listing for Roblox, which was valued at $47 billion, during the COVID-19 pandemic are among the accomplishments that have earned Kevin Kennedy of Simpson Thatcher & Bartlett LLP a spot as one of Law360's 2021 Technology MVPs.

  • September 24, 2021

    Huawei CFO Admits Duping HSBC On Iran Dealings

    Huawei Chief Financial Officer Meng Wanzhou on Friday entered into a deferred prosecution agreement with U.S. authorities and admitted to deceiving global lender HSBC about Huawei's business dealings with Iran.

  • September 24, 2021

    Bill Tracker: Competing Antitrust Legislation In Congress

    A swell of populist frustration with the control that powerful corporations have over daily life and the economy, especially in the tech space, has spawned a deluge of legislation in Congress aimed at ramping up antitrust enforcement and encouraging competition to the dominant players.

  • September 24, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen two energy drink giants lock horns, Standard Chartered sued by the state of Wisconsin and IBM take aim at a Swiss software company. Law360 looks at these and other new claims in the U.K. 

  • September 24, 2021

    Simpson Reps As Apax Amasses $1.75B For Tech Fund

    U.K. private equity shop Apax Partners, led by Simpson Thacher, said Friday that it has secured $1.75 billion for a fund that will invest in middle-market technology companies, including in areas like software, internet and tech-enabled services.

  • September 23, 2021

    Acceleron Wins $2.1M Jury Verdict In Patent Suit Against Dell

    A Northern District of Georgia jury awarded Acceleron LLC $2.1 million after finding that Dell Inc. infringed a blade server patent, according to a judgment entered Thursday in Georgia federal court.

  • September 23, 2021

    Albright Won't Wait To Transfer 'Venue Manipulation' Cases

    U.S. District Judge Alan Albright has said he won't wait for a patent licensing company to seek Supreme Court review of a Federal Circuit decision that it was engaging in "venue manipulation," opting instead to transfer its infringement suits against Samsung, LG and Uber to California.

  • September 23, 2021

    Facebook Can't Keep Deleted Myanmar Posts From Gambia

    A D.C. magistrate judge has ordered Facebook to grant Gambia access to deleted posts by Myanmar officials who allegedly sought to enable genocide against the country's persecuted Rohingya minority, finding Facebook's concerns for user privacy to be unfounded and "rich with irony."

  • September 23, 2021

    Del. Justices Toughen Demand-Futility Test In Facebook Row

    Delaware's Supreme Court adopted a new more stringent demand-futility standard for derivative suits Thursday and upheld the dismissal of a Facebook investor's $95 million derivative suit that sought to recover litigation fees Facebook spent defending CEO Mark Zuckerberg's eventually abandoned stock reclassification plan.

  • September 23, 2021

    3rd Circ. Revives Philly News Anchor's IP Row With Facebook

    A split Third Circuit panel revived a Philadelphia-based TV journalist's intellectual property lawsuit over the unauthorized use of her photo on Facebook, ruling in a precedential decision that her Pennsylvania state-law claims are exempt from the broad immunity afforded to BigTech.

Expert Analysis

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • Key Trends In Recent Cyber-Related Securities Class Actions

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    ​​​​​​​A review of trends from recent cyber-related securities class actions suggests that shareholder plaintiffs will likely continue to focus on public companies' reporting deficiencies, so companies should evaluate and update their disclosures in light of litigation and information security risks, say Cara Peterman and Sierra Shear at Alston & Bird.

  • Commercial Takeaways After Tech Co. Faces Export Fine

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    The U.S. Department of State recently fined Keysight Technologies for violating U.S. export control requirements, underscoring that commercial sector companies without export compliance resources are still responsible for following the International Traffic In Arms Regulations and the Export Administration Regulations even if they have few government customers, says Thomas McVey at Williams Mullen.

  • 4 Steps For Improving Board Diversity Per New Nasdaq Rule

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    Companies should view Nasdaq's recently finalized board diversity rules as an opportunity to tap into the knowledge and resources of potential board members who may not look like or have the same life experiences as individuals who have historically served on boards, say attorneys at Shook Hardy.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • UK Focus On Int'l Data Transfers Shows Appetite For Reform

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    Recent U.K. public consultations on international transfers of personal data and structural amendments to the country's General Data Protection Regulation illustrate the post-Brexit appetite for reform and signal changes to the international data transfers regime, say Kate Brimsted and Tom Evans at BCLP.

  • Fed. Circ. Micron IP Ruling Raises Damages Disclosure Bar

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    The Federal Circuit's recent decision in MLC v. Micron, upholding the exclusion of expert testimony on patent damages evidence, may heighten initial discovery burdens, underscoring the importance of providing proper disclosure of damages-related information and positions prior to expert discovery, say Joel Wacek and Brynna Smith at Hoffman Alvary.

  • What Telehealth Regulation May Look Like After COVID-19

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    The majority of regulatory flexibilities around telehealth authorized due to COVID-19 may disappear with the end of the public health emergency, but several bills pending in Congress could bring permanent change, especially when it comes to mental health and audio-only services, says Suzanne Joy at Holland & Knight.

  • Navigating Bar To Patentability In 3rd-Party Secret Sales

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    Because courts and litigators have improperly extended an exception to the on-sale bar to patentability in a manner that could exclude all third-party secret sales, practitioners should be wary of the potential pitfalls in proving an on-sale bar, say Daniel Tishman and Brian Livedalen at Fish & Richardson.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Bankruptcy Courts' Equitable Discretion May Be In Danger

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    The Eighth Circuit’s recent equitable discretion decision in VeroBlue sends a warning to practitioners and the bench that courts' overuse of this bankruptcy doctrine in dismissing post-plan confirmation appeals may result in elimination of the useful tool altogether, say Brian Shaw and Mark Radtke at Cozen O'Connor.

  • AI Inventorship Decision Leaves Open Questions

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    A Virginia federal court's recent decision in Thaler v. Iancu, finding that artificial intelligence cannot be named as a patent inventor, highlights questions that will have to be answered as AI increasingly contributes to inventorship, especially in the pharmaceutical industry, say attorneys at DLA Piper.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • Privacy Now Looms Large In Antitrust Enforcement

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    Recent moves by the Biden administration as well as court decisions indicate that privacy is likely to play an increasingly important role in antitrust litigation, both as a justification used to defend against allegations of anti-competitive conduct, and as an element of product quality that can be restricted or diminished as a result of anti-competitive conduct, say attorneys at Sheppard Mullin.

  • How Websites Can Ward Off Novel State Law Wiretap Suits

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    As plaintiffs' legal theories surrounding wiretapping and the use of third-party analytics tools to collect data have evolved, with attorneys now filing privacy and security-breaching suits under state statutes, there are several strategies websites can employ to guard against these claims and defeat class actions, say attorneys at Perkins Coie.

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