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May 14, 2024
What's Behind 'Nuclear' Verdicts? Skeptical Juries, Attys Say
Jurors becoming more skeptical of corporations are handing down sky-high verdicts, and trial attorneys say it's forcing a shift in the strategies they employ as they aim to score — or prevent — so-called nuclear verdicts.
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May 13, 2024
11th Circ. Says Class Attys Self-Dealt In $35M TCPA Settlement
The Eleventh Circuit on Monday dismissed a proposed $35 million settlement of a class action alleging GoDaddy.com violated the Telephone Consumer Protection Act by sending unwanted marketing texts, saying the deal may have come by through nefarious means.
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May 13, 2024
Tesla Threatened To Fire Holland & Knight, Law Prof Says
Tesla tried to bully a law professor out of filing an amicus brief in investors' suit over Elon Musk's $56 billion compensation plan, in part by threatening to fire the company's longtime outside counsel at Holland & Knight LLP if the professor submitted his brief, according to a filing Monday in Delaware.
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May 13, 2024
Irked Autonomy Judge Vents On HP Fraud Trial's Slow Pace
U.S. District Judge Charles Breyer on Monday blasted lawyers for the government and two former Autonomy Corp. PLC executives in a criminal fraud case over the trial's slow progress, saying he's "annoyed," but also "complicit" because he "did not take more of a controlling posture."
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May 13, 2024
RFK Jr. Sues Meta Alleging Censorship Of Campaign Video
Independent presidential candidate Robert F. Kennedy Jr. and the super PAC supporting him sued Meta Platforms Inc. on Monday in California federal court, alleging that the company has censored a 30-minute campaign ad on its platforms in violation of the First Amendment.
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May 13, 2024
Vt. On Brink Of Enacting Privacy Bill With Lawsuit Mechanism
The Vermont legislature has sent to the governor's desk a comprehensive data privacy bill that would not only require companies to scale back their data collection efforts and ramp up safeguards for children, but also give consumers the rare opportunity to sue large businesses that violate the law in certain circumstances.
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May 13, 2024
Whirlpool Service Plans Don't Guarantee Repairs, Suit Says
Whirlpool Corp. violates Washington consumer protection laws by selling extended service plans that give the company the option to buy back broken appliances instead of fixing them, according to a proposed class action filed in federal court.
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May 13, 2024
USPTO Eyes Change To Patent Applicants' Disclaimer Practice
The U.S. Patent and Trademark Office is looking to add a requirement for patent applicants filing so-called terminal disclaimers in order to overcome rejections by patent examiners over obviousness-type double patenting, a move that lawyers and a former USPTO official say could change the agency's approach considerably, especially for patents covering brand-name drugs.
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May 13, 2024
Deepfakes Could Be Arbitration's Next Gen AI Shake-Up
In a high-stakes arbitration, lawyers for one of the companies present what they say is surveillance video of a bribe being accepted by its opponent's president. They argue the video presents incontrovertible evidence that the case should be decided in their client's favor — and a tribunal might be inclined to agree. But what if it turns out that the video is a fake, generated by artificial intelligence?
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May 13, 2024
FTC Can't Modify $5B Meta Privacy Deal, DC Circ. Told
Meta Platforms Inc. told the D.C. Circuit on Monday that the Federal Trade Commission lacks the ability to unilaterally modify a $5 billion privacy settlement, contending that the courts are the ones responsible for enforcing the agreement.
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May 13, 2024
SPAC Investor Says Insiders Overvalued Satellite Co. Deal
An investor has sued a blank-check company and several of its top brass in Delaware Chancery Court, alleging the defendants protected their buy-ins while leaving public investors to suffer losses following a merger with satellite imaging company BlackSky Holdings Inc.
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May 13, 2024
Wash. Hospital Scores Exit In Facebook Privacy Suit, For Now
A Washington federal judge has tossed a proposed class action accusing a Seattle-area hospital of sharing patients' confidential health information by using Facebook browser tracking tools, ruling on Monday the plaintiff has failed to show that her own private information was input into the website and shared with a third party.
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May 13, 2024
Online Slot Machine Co. Games Global Scraps $254M US IPO
Games Global, a developer of online betting and casino games, pulled its plans for an initial public offering Monday, citing market conditions, just one day before the U.K.-based company expected to raise about $254 million in a U.S. listing.
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May 13, 2024
Charter, Altice Drop Some Areas From Rural Funding Plans
The Federal Communications Commission said Charter and Altice had withdrawn from their plans to use FCC rural deployment funding to build out high-speed internet in several areas, incurring federal penalties.
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May 13, 2024
FCC Looks To Declaw 'Royal Tiger' Global Robocall Network
The Federal Communications Commission says that a gateway provider known for helping funnel illegal robocalls into the United States is once again back to its old tricks and operating under yet another name, this time Royal Tiger.
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May 13, 2024
Tesla Shareholder Alleges Drugs Fueled Musk's Erratic Posts
Tesla Inc. has failed to investigate reports that CEO Elon Musk used illicit drugs including ketamine, LSD and cocaine that may have influenced his social media posts, hurting stockholders and damaging the company's value, a shareholder has alleged in a recently unsealed amended complaint in Delaware's Court of Chancery.
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May 13, 2024
Fed. Circ. Uses Rule 36 To Nix Centripetal Patent Appeals
A Federal Circuit panel decided Monday to quickly give a stamp of approval to a pair of administrative board rulings killing off two patents that were once at issue in a lawsuit involving cybersecurity software.
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May 13, 2024
Feds' Fiber First Policy Slows Deployment, Report Says
Most states' plans to deploy broadband with funds from the National Telecommunications and Information Administration's BEAD Program have room for improvement, according to a new report from a technology think tank.
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May 13, 2024
Corp. Transparency Act An Overbroad Dragnet, 11th Circ. Told
Congress exceeded its authority in passing the Corporate Transparency Act, which prompted the U.S. Treasury Department to solicit personal information for law enforcement purposes from those that registered and owned state-registered entities, a small-business group told the Eleventh Circuit on Monday.
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May 13, 2024
House Bill Seeks More Commerce Dept. Control Of AI Exports
Technology companies may soon be required to implement security checks before collaborating with Chinese artificial intelligence labs with military ties, under a bipartisan bill introduced last week in the U.S. House of Representatives.
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May 13, 2024
New FCC Rules Preempt NY Broadband Price Cap, Prof Says
A Second Circuit ruling that revived New York's low-price broadband law in April should be reversed because the Federal Communications Commission's recent decision not to regulate rates for internet services preempts the Empire State's price cap, a law professor said Friday.
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May 13, 2024
IBM Won't Get Jury Trial In $1.5B Chip Contract Fight
IBM can't present its claims that a microchip maker swindled it into entering into semiconductor contracts and never followed through to a jury, after a New York state court ruled that those contractual agreements contain enforceable waivers of jury trial rights.
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May 13, 2024
Zuckerberg Challenges Basis Of Personal Claims In Meta MDL
Facebook founder Mark Zuckerberg is asking a California federal court to throw out claims against him in multidistrict litigation over social media platforms' allegedly addictive design, saying the personal injury plaintiffs haven't shown he took affirmative actions that would make him personally liable.
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May 13, 2024
REIT Says Vegas Hotels Win Backs Tossing DC RealPage Suit
A real estate investment trust seeking out of the D.C. attorney general's rental algorithm price-fixing suit pointed the superior court judge to last week's decision tossing what it said are extremely similar allegations against a group of Las Vegas hotels.
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May 13, 2024
E-Rate Requests Aren't FCA Claims, Law Group Tells Justices
The Washington Legal Foundation urged the U.S. Supreme Court to decide whether reimbursement requests for the Federal Communications Commission's E-Rate program are "claims" under the False Claims Act, arguing that a Seventh Circuit ruling that answered in the affirmative threatens wide-ranging consequences beyond the E-Rate program.
Expert Analysis
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Exploring A New Era Of IP Law Amid The Rise Of Generative AI
Attorneys at Hogan Lovells explore the effects of generative artificial intelligence in three areas of intellectual property, recent updates and emerging trends, and its significance on the IP landscape now and moving forward.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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Perspectives
Criminal Defendants Should Have Access To Foreign Evidence
A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.
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How Cos. Can Prep For New Calif. Privacy Regulations
The California Privacy Protection Agency has been very active in the first quarter of 2024 and continues to exercise its rulemaking authority with proposed draft regulations, so retailers should prepare for California Consumer Privacy Act enforcement and figure out how best to comply, say attorneys at Dentons.
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Fed. Circ. Defines Foreign IP Damages, Raises New Questions
In Brumfield v. IBG, the Federal Circuit recently clarified which standard determines the extraterritoriality of the patent statute after the U.S. Supreme Court's WesternGeco decision, opening a new avenue of damages for foreign activities resulting from certain domestic activities while also creating some thorny questions, say Amol Parikh and Ian Howard at McDermott.
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9th Circ. Arbitration Ruling Could Have Int'l Implications
In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Deciding What Comes At The End Of WTO's Digital Tariff Ban
Companies that feel empowered by the World Trade Organization’s recent two-year extension of the ban on e-commerce tariffs should pay attention to current negotiations over what comes after the moratorium expires, as these agreements will define standards in international e-commerce for years to come, say Jan Walter, Hannes Sigurgeirsson and Kulsum Gulamhusein at Akin Gump.
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Opinion
Cyber Regulators Should Rely On Existing Sources Cautiously
New incident reporting rules proposed by the Cybersecurity and Infrastructure Security Agency illustrate how the use of definitions, standards and approaches from existing sources can create a complex patchwork of regulations, demonstrating that it is essential for agencies to be clear about expectations and not create unnecessary confusion, says Megan Brown at Wiley.
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Considering CGL Defense For Social Media Addiction Claims
A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.
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Fintiv Denials Are On The Rise At PTAB
Following last year's CommScope v. Dali decision, the Patent Trial and Appeal Board is increasingly using Fintiv factors to discretionarily deny inter partes review petitions — and attorneys ignore it at their peril, say Josepher Li and Michelle Armond at Armond Wilson.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Tips For Balanced Board Oversight After A Cyberincident
The U.S. Securities and Exchange Commission's cybersecurity disclosure rules, as well as recent regulatory enforcement actions bringing board governance under scrutiny, continue to push boards toward active engagement in relation to their cyber-oversight role, despite it being unclear what a board's level of involvement should be, say attorneys at Alston & Bird.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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What Cos. Are Reporting Under New SEC Cybersecurity Rule
Four months after its effective date, 14 companies have made disclosures under the U.S. Securities and Exchange Commission's mandatory cybersecurity incident reporting rule, and some early trends are emerging, including a possible rush to file, say attorneys at Debevoise.