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Technology
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October 28, 2025
Texas Co.'s Lack Of Counsel Sinks Perplexity AI TM Suit
A Texas company suing Perplexity AI Inc. for trademark infringement had its case tossed by a California federal judge who said it had ignored warnings that it couldn't proceed without representation.
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October 28, 2025
Cognizant Can't Knock Out Suit Over 401(k) Roster, Fees
Cognizant Technology Solutions failed to shut down a proposed class action claiming the information technology company saddled its 401(k) plan with subpar investment options and steep recordkeeping fees, though a New Jersey federal judge said it's unclear whether the ex-workers behind the suit have standing.
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October 28, 2025
Tokenization Co. Securitize Goes Public Via $1.25B SPAC Deal
Securitize, advised by Davis Polk & Wardwell LLP, on Tuesday unveiled plans to go public by merging with Hughes Hubbard & Reed LLP-advised special purpose acquisition company Cantor Equity Partners II Inc. in a deal that values the tokenization provider at $1.25 billion.
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October 28, 2025
Del. Gives Nod To OpenAI Public Benefit Corp. Restructuring
Artificial intelligence giant OpenAI reported Tuesday that it will convert its Delaware-chartered LLC into a public benefit corporation in the same state after months of wide-ranging negotiations with civic and industry leaders and state justice officials in Delaware and California.
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October 28, 2025
Google Liable Again As DOJ's Ad Tech Win Extends To MDL
A New York federal judge held Google liable Tuesday for illegally monopolizing its advertising placement technology business, dramatically narrowing the scope of the multidistrict litigation from website publishers, advertisers and others by locking the technology giant into the Justice Department's win in a separate Virginia federal court case.
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October 27, 2025
Apple Gets Class Decertified In App Store Antitrust Case
A California federal judge Monday decertified a class of consumers claiming Apple violated antitrust laws with its App Store policies, finding that the plaintiffs' damages expert isn't qualified to do the work and submitted an analysis that included several "alarming" errors.
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October 27, 2025
9th Circ. Won't Revive Avast Extension Users' Wiretap Suit
The Ninth Circuit on Monday affirmed the toss of a proposed class action accusing Gen Digital Inc. of illegally intercepting the browsing activities of internet users that downloaded its Avast data security browser extension, finding that the software company couldn't be held liable because it owned the extension and therefore was a valid party to the disputed communications.
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October 27, 2025
Uncertainty Will Follow If $181M Verdict Is Axed, Fed. Circ. Told
Finesse Wireless LLC is urging the Federal Circuit to reconsider erasing its $181 million patent verdict against AT&T and Nokia, saying the court conflated regional law in a way that could cause "massive uncertainty."
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October 27, 2025
OpenAI Can't Shake Authors' ChatGPT Infringement Claim
Some of the biggest names in literature and journalism can pursue their claim of direct copyright infringement against OpenAI based on the outputs of ChatGPT, a Manhattan federal judge ruled Monday, saying the complaint "squarely alleges" actual copying of the writers' works and substantially similar artificial intelligence outputs.
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October 27, 2025
Dems Say $6.2B Nexstar-Tegna Deal Breaches Ownership Cap
Nexstar's $6.2 billion plan to merge with rival broadcast company Tegna will create a behemoth that will breach the FCC's national ownership cap that limits how many stations any one company can own in a given market, say two federal lawmakers from Colorado.
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October 27, 2025
X Gets AI Developer's Deplatforming Case Sent To Texas
An antitrust case accusing social media platform X of blocking competition was transferred to Texas, after a California federal court found the developer of software used to create artificial intelligence agents that operate on the platform agreed to a forum selection clause.
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October 27, 2025
Nvidia Accused Of Ignoring Site Users' Cookies Preferences
Nvidia Corporation is lying about giving its website users control over how they are being tracked and how their personal data is used, a new proposed class action filed Friday in California federal court alleges.
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October 27, 2025
More Action Needed On Upper Microwave Bands, FCC Told
The Federal Communications Commission needs to consider a total overhaul of spectrum rules in the upper microwave bands to help the U.S. satellite industry thrive, a California space venture told the FCC.
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October 27, 2025
Music Labels Fight To Keep Copyright Claim In AI Case
A group of major music labels suing artificial intelligence music company Udio for copyright infringement have told a Manhattan federal judge the startup was mischaracterizing the labels' arguments to have the case trimmed down.
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October 27, 2025
AGs Call Landlord Deals In RealPage MDL 'Weak'
A quartet of state attorneys general urged a Tennessee federal judge to hold off on approving $141.8 million in class settlements resolving claims that major landlords used RealPage to fix rent prices, arguing the "weak injunctive terms" and "meager monetary relief" interferes with their own cases.
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October 27, 2025
Ex-Startup CFO's Crypto Wire Fraud Trial Begins In Seattle
Federal prosecutors told a Seattle jury on Monday that the former chief financial officer of a Seattle-based startup committed wire fraud by funneling $35 million into his fintech venture that was wiped out during a subsequent cryptocurrency collapse, with defense counsel countering that "losing money with a bad investment is not a crime."
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October 27, 2025
Trump Asks Justices To Stay Copyright Chief's Reinstatement
The Trump administration asked the U.S. Supreme Court on Monday to stay a D.C. Circuit ruling that reinstated the fired leader of the U.S. Copyright Office while she challenges her removal, arguing that allowing a terminated official to remain in place causes irreparable harm to the president's authority.
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October 27, 2025
Mich. Jury Awards $6.8M To IT Co. For 'Stolen' FAA Contract
A Michigan federal jury on Monday awarded about $6.8 million to information technology support company LinTech Global Inc. after finding that its former employee and her competing company interfered with a contract to do system work for the Federal Aviation Administration while she was still working for LinTech.
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October 27, 2025
PayPal Accused Of Hiding Evidence In Charity Donation Suit
PayPal has been accused of abusing confidentiality rules by mislabeling documents as secret to unjustly shield its business practices from scrutiny amid a lengthening discovery dispute in a user's federal suit over the platform's charitable distributions.
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October 27, 2025
7th Circ. Mulls Standing In BIPA Suit Against Schwab Vendor
Two Seventh Circuit judges on Monday grilled an attorney for a proposed class of Illinois residents seeking to hold a voiceprint authenticator used by Charles Schwab liable under a biometrics privacy law, questioning how they were injured and whether they have standing if the data was collected on behalf of an institution exempt from the law's requirements.
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October 27, 2025
Former Mintz Client Files Negligence Suit Over Patent Work
A former Mintz Levin Cohn Ferris Glovsky and Popeo PC client has hit the firm with a professional negligence suit in Texas federal court, saying the firm's allegedly "shoddy, substandard" legal work led to one of the company's patents being almost completely wiped out.
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October 27, 2025
Chancery Mulls Shorter Fuse For Some Court Of Equity Suits
A Delaware jurist questioned Monday some applications of the Court of Chancery's "laches" counterpart to regular, statutory courts' three-year deadline for bringing claims, saying during arguments on dismissal of a special purpose acquisition company suit that claims in equity "may well" get less time to file.
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October 27, 2025
Korean Developers Defend Google Play Store Antitrust Claims
Foreign developers and trade associations for South Korean publishers are defending their Android app antitrust case against Google, saying their claims over U.S. and foreign Play Store transactions all belong in California federal court.
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October 27, 2025
Robinhood User Attys Forgo Fee Over 'Unusually High' Costs
Attorneys representing Robinhood users said they will forgo fees after racking up "unusually high" costs brokering the $2 million settlement of a consolidated class action alleging the investing platform failed to disclose financial interests, affecting how customers' orders were handled.
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October 27, 2025
Latham Hires 19-Year Commerce Dept. Vet In DC As Counsel
Latham & Watkins LLP has hired a 19-year veteran of the U.S. Department of Commerce, who most recently was the acting director of an office that oversaw a number of export controls, the firm announced Monday.
Expert Analysis
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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.
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New Colo. Teen Privacy Rules Signal National Regulatory Shift
Recently released proposed rule amendments to the Colorado Privacy Act that would create some of the most robust protections for minors' online data in the U.S. reflect an ongoing trend of states taking steps to extend privacy protection for their residents, complicating the compliance burden for companies, say attorneys at Morgan Lewis.
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Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop
There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.
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A Look At New Calif. Cybersecurity, Risk Assessment Rules
The California Privacy Protection Agency Board recently finalized regulations related to automated decision-making technology, cybersecurity audits and risk assessments that establish additional requirements on businesses operating in California, and although these new rules are less onerous than some of the draft rules, compliance may still require substantial planning and updates, say attorneys at Morgan Lewis.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Adapting To USPTO's Tighter Inter Partes Review Rules
The U.S. Patent and Trademark Office's recent pivot regarding how it will address general knowledge in inter partes review petitions presents immediate strategic implications for petitioners, patent owners and litigants watching the contours of Patent Trial and Appeal Board practice, say attorneys at Winston & Strawn.
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Opinion
Sometimes Int'l Competition Should Trump Antitrust Concerns
The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.
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Assessing Federal Securities Class Action Stats In '25 So Far
The settlement amount as a percentage of damages in securities class actions has continued to decline in the first half of 2025, a trend that may be important for assessing exposure and risk in future securities litigation, say analysts at Analysis Group.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.