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Technology
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October 15, 2025
Cybersecurity Co. F5 Says Hackers Infiltrated Its Systems
Cybersecurity company F5 Inc. revealed Wednesday that hackers had crept into its systems and maintained long-term access to certain platforms, and that the breach has been contained, an infiltration that comes amid similar attacks on the legal and technology sectors by hackers with suspected ties to foreign governments.
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October 15, 2025
Justices Told PTAB Has No Business Reviewing Expired IP
Gesture Technology Partners LLC urged the U.S. Supreme Court on Wednesday to consider whether the Patent Trial and Appeal Board can review expired patents, pushing back on arguments from the government and several tech giants that the justices have already ruled it can't.
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October 15, 2025
Smart Thermostat Makers Keep PTAB, ITC Wins At Fed. Circ.
Causam Enterprises owns the electrical utilities control patent it has accused ecobee and others of infringing with smart thermostats, but the patent is not valid, the Federal Circuit concluded Wednesday in a pair of precedential opinions.
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October 15, 2025
Fed. Circ. Won't Halt Magistrate Trial In Google Patent Case
The Federal Circuit on Wednesday denied a request from a location tracking patent owner to prevent a magistrate judge from holding a bench trial on Google's equitable defenses to his infringement claims, saying the patent owner had not shown that proceeding with the case and filing an appeal after a judgment would be inadequate.
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October 15, 2025
Parents Urge 9th Circ. To Reject Meta's Section 230 Appeal
Parents and school districts are urging the Ninth Circuit to reject Meta Platforms Inc.'s bid for immunity under Section 230 of the Communications Decency Act, saying the company behind Facebook and Instagram can't use the measure for vaguely defined publishing-related activity.
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October 15, 2025
Fed. Circ. Says Anti-SLAPP Motion Wrongly Denied In IP Case
The Federal Circuit on Wednesday said a California district court wrongly denied several semiconductor manufacturers' anti-SLAPP motion in a case where they are accused of stealing trade secrets, saying in a precedential opinion that filing a patent application is protected activity under the state's law.
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October 15, 2025
States Want To Keep Eye On $14B HPE-Juniper Deal Review
The Justice Department is in the middle of trying to settle its challenge to Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, but a dozen states are now trying to get involved and have asked a California federal judge to allow them to intervene in the litigation.
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October 15, 2025
Chancery 'Rewrote' $3.4B Merger Deal, J&J Tells Del. Justices
Johnson & Johnson told the Delaware Supreme Court on Wednesday that the Chancery Court "rewrote" its $3.4 billion agreement for the acquisition of surgical robotics firm Auris Health, wrongly using the implied covenant of good faith and fair dealing to impose obligations the company never accepted.
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October 15, 2025
Sysnet Says Ex-Worker Breached Noncompete With New Job
Cybersecurity company Sysnet North America Inc. has filed suit against one of its former business relationship managers in federal court for allegedly violating the restrictive covenants in his employment contract by taking a job with a "direct competitor."
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October 15, 2025
Fed. Circ. Again Urged To Probe Settled Expectations Rule
A nonprofit represented by former U.S. Patent and Trademark Office Director Kathi Vidal has thrown its weight behind the latest Federal Circuit petition challenging the USPTO's policy of denying review of patents based on the owner's "settled expectations," saying the rule is "economically harmful and legally unsound."
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October 15, 2025
Wash. Judge Rejects Consulting Co.'s $295K Deal In OT Suit
A Washington federal judge refused to approve a $295,000 settlement in a proposed collective action accusing a consulting company of not paying workers overtime, finding no "bona fide dispute" existed over whether the company was required to pay overtime rates and that the deal would improperly waive workers' rights.
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October 15, 2025
Patent Decisions Clearing Ford, BMW Upheld By Fed. Circ.
The Federal Circuit on Wednesday refused to revive cases accusing Ford and BMW of infringing a pair of cruise control system patents, affirming how a lower court construed key claim terms when it cleared the automotive giants in the litigation.
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October 15, 2025
Hertz Must Face Investors' Claims Over EV Statements
Car rental giant Hertz Global Holdings Inc. can't completely shed securities fraud claims over its statements that it was seeing strong demand for electric cars that artificially boosted stock prices, a Florida federal judge has ruled, while also dismissing other claims in the proposed class action.
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October 15, 2025
AGs Concerned About Landlord Settlements In RealPage Case
Attorneys general of the District of Columbia and three states told a Tennessee federal court Wednesday that they have concerns about a combined $141.8 million worth of class settlements for antitrust claims against several multifamily landlords that allegedly used property management software company RealPage Inc.'s technology for rent price-fixing.
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October 15, 2025
DC Think Tank Says It Wants FBI FISA Compliance Docs
The Justice Department will not turn over records related to an FBI audit it conducted to determine whether the agency was complying with section 702 of the Foreign Intelligence Surveillance Act, which gives the government a backdoor to intercept communications without a warrant, a new suit says.
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October 15, 2025
Carriers Take Heat From Hill GOP Over Sens.' Phone Data
The Big Three phone carriers face growing pressure from Capitol Hill Republicans over reports that they tracked eight senators' cellphone data at the FBI's request, with one lawmaker saying there was no "criminal predicate" for the subpoenas.
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October 15, 2025
Lender Sues For Access To High-Tech Kiosks After Default
A company that makes high-tech vending machines that dispense beauty and personal hygiene products has defaulted on a loan and is refusing to turn over credentials to keep the kiosks in operation, according to a suit filed in Massachusetts state court.
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October 15, 2025
FCC Looks To Pull Hong Kong Telecom's US Authorization
The Federal Communications Commission has warned it could expel Hong Kong telecom HKT from the U.S. market, citing ties to the Chinese Communist Party.
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October 15, 2025
Phone-Maker Oppo Wants Out Of Apple Trade Secret Case
Chinese phone-maker Oppo has asked a California federal judge to release it from a case brought by Apple Inc. alleging that a former employee stole trade secrets when he moved to Oppo, saying the suit had no allegation that Oppo received any trade secrets.
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October 15, 2025
Del. Justices Ask How Court Can Uphold Musk Pay Unwinding
A Delaware Supreme Court justice on Wednesday pressed a Tesla Inc. stockholder class attorney on how founder Elon Musk — facing a Court of Chancery strike-down of his $56 billion, multiyear compensation plan — can be "put back to the status quo ante after six years of achieving what he was asked to achieve."
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October 15, 2025
Sen. Panel To Consider Bill Meant To Curb Foreign Scam Calls
A U.S. Senate committee later this month will consider a bill to direct Federal Communications Commission resources toward reducing spam robocalls originating overseas.
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October 15, 2025
5th Circ. Says Union Can't Take SpaceX Case To Justices
The U.S. Supreme Court appears unlikely to get a chance to review a Fifth Circuit decision involving SpaceX that entitles the National Labor Relations Board's targets to enjoin the cases against them after the circuit court denied a union's bid to intervene to appeal the August ruling.
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October 15, 2025
Greenberg Traurig Lands Wilson Sonsini Life Sciences Pro
Greenberg Traurig LLP has added a California partner from Wilson Sonsini Goodrich & Rosati with in-house and government legal experience to enhance its capacity to handle matters for clients in life sciences, artificial intelligence, biotechnology and other industries.
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October 15, 2025
Brown Paindiris & Scott Eyes Deal In Data Breach Suit
After the defense pointed to ongoing discussions that could lead to a "resolution," a Connecticut federal judge has agreed to stretch a deadline for Brown Paindiris & Scott LLP to respond to a proposed class action complaint that accuses the law firm of waiting more than a year to notify clients of a 2023 data breach.
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October 15, 2025
Engineering Firm, Ex-Worker Resolve Noncompete Dispute
A global environmental and engineering consulting firm has resolved a suit alleging a former employee violated a noncompete agreement by accepting a similar job at a direct competitor, according to a docket entry.
Expert Analysis
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Data Center Construction Trends, Challenges In Ill. And Texas
Data centers in Illinois and Texas are reshaping the industrial landscape, but this growth brings legal complexity, so developers, contractors and corporate legal departments must have a deep understanding of each state's legal terrain and take a proactive approach to risk management, say attorneys at Hicks Johnson.
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How Sustainability Reporting Changed In The 1st Half Of 2025
Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.
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As Product Recalls Rise, So Do The Stakes For The Bar
Recent recall announcements affecting over 800,000 Ford vehicles highlight how product recalls have become more frequent, complex and safety-critical than ever, raising key practice questions for counsel, and raising the stakes in product liability litigation, says Ken Fulginiti at Fulginiti Law.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Data Undermines USPTO's 'Settled Expectations' Doctrine
An analysis of inter partes review proceedings filed since 2012 appears to refute the U.S. Patent and Trademark Office's recent stance that patent owners develop a strong settled expectation that their patents will not be challenged after being in force for six years, say Jonathan DeFosse and Samuel Smith at Sheppard Mullin, and Kenzo Kasai at NGB Corp.
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Union Interference Lessons From 5th Circ. Apple Ruling
The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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9th Circ. Qualified Immunity Ruling May Limit Phone Searches
Though the Ninth Circuit affirmed police officers’ qualified immunity claims in Olson v. County of Grant earlier this year, it also established important Fourth Amendment precedent on the use of cellphone extractions that will apply more broadly in criminal investigations and prosecutions, say attorneys at The Norton Law Firm.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Unpacking The BIS Guidance On Chinese AI Chip Use
In response to May guidance from the Bureau of Industry and Security, which indicates the agency considers a wide but somewhat unclear range of activities involving Chinese integrated circuits to be in violation of its General Prohibition 10, companies should consider adopting enhanced due diligence to determine how firm counterparties may be using the affected chips, says Peter Lichtenbaum at Covington.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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Annual Report Shows CFIUS Extending Its Reach In 2024
The recently released 2024 annual report from the Committee on Foreign Investment in the United States reveals record civil penalties and enhanced internal capabilities, illustrating expanding jurisdiction and an increasing appetite for enforcement actions, says Nathan Fisher at StoneTurn.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions
The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.