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Technology
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October 28, 2025
OpenAI Can't Strike Authors' Pirated Book Download Claims
OpenAI cannot shave copyright infringement claims alleging it downloaded books from illegal online sources out of litigation brought by some of the biggest names in literature and journalism, a Manhattan federal judge ruled, rejecting the artificial intelligence company's argument that the allegation violated a court order barring new claims.
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October 28, 2025
Tech-Backed Group Wants DOJ's Help In AI Copyright Cases
An organization backed by major technology companies has told the Trump administration that developers of generative large language models need a rescue from copyright infringement cases against them, urging the U.S. Department of Justice to intervene.
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October 28, 2025
5 Federal Circuit Clashes To Watch In November
The Federal Circuit's argument calendar for November includes a challenge to an Idaho state law aimed at hindering "patent trolls," and a bid to revive a $40 million jury verdict against Shopify that a judge discarded, citing "unclear" testimony from the patent owner's expert.
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October 28, 2025
Treasury Urged To Embrace Tech In Crypto Compliance Push
Cryptocurrency advocates and bank trade groups both urged the U.S. Department of the Treasury to issue guidance that will enable them to use novel technologies to keep up with illicit finance threats in digital asset markets, although banks cautioned the regulator to keep institutions and crypto upstarts on equal footing when it comes to burdens to fight money laundering.
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October 28, 2025
Apple Spared From Some Masimo Patent Claims Before Trial
A California federal judge issued a mixed ruling in Masimo's case claiming Apple infringed its patents covering pulse oximetry technology for smartwatches, dismissing certain infringement theories but preserving other parts of the case for next week's trial.
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October 28, 2025
7th Circ. Skeptical Of Samsung Users' BIPA Suit Revival Bid
The Seventh Circuit seemed doubtful Tuesday that it should revive a biometric privacy suit from Samsung phone and tablet users, saying they seemed not to have pled enough to demonstrate the company ever collected or possessed their geometric facial data.
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October 28, 2025
Gov't Must Avoid Overlapping AI Regs, Trade Group Says
The White House needs to pursue an "integrated national strategy" when it comes to artificial intelligence so that regulations and requirements don't end up overlapping, according to a broadband trade group.
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October 28, 2025
3 Firms Guide Apex Treasury's $300M Blockchain, Crypto IPO
Special purpose acquisition company Apex Treasury Corp., guided by Perkins Coie LLP and Appleby (Cayman) Ltd., has completed a $300 million blockchain and cryptocurrency-focused initial public offering, which was supported by Pillsbury Winthrop Shaw Pittman LLP-led underwriters.
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October 28, 2025
Snap Cuts $65M Deal To End Investor Suit Over Privacy Tools
Snapchat investors urged a California federal judge on Monday to preliminarily approve a $65 million settlement to resolve a proposed securities class action that was recently revived by the Ninth Circuit alleging the social media company downplayed the negative impact Apple's 2021 privacy changes would have on its advertising business.
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October 28, 2025
Nikola Founder's Suit Against CNBC Is 'Hubris,' NJ Panel Told
CNBC and Hindenburg Research LLC urged a New Jersey appellate panel on Tuesday to block the trade libel claims of Nikola Corp.'s founder, executive chairman and chief executive, saying he was merely recasting a time-barred defamation claim to sidestep New Jersey's one-year statute of limitations.
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October 28, 2025
NCLA Appeals SEC's FOIA Victory In Breach Case
The New Civil Liberties Alliance asked the D.C. Circuit on Tuesday to review a lower court ruling that it could not access all the documents it sought to obtain from the U.S. Securities and Exchange Commission following an internal information breach at the agency.
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October 28, 2025
Comcast Wants Early Appeal For Ad Market Antitrust Ruling
Comcast is seeking permission to appeal an Illinois federal court's refusal to end long-running litigation accusing the cable provider of refusing to work with advertisers that don't use its internal advertising system.
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October 28, 2025
FCC Floats Rules To Streamline Space Biz Licensing
The Federal Communications Commission on Tuesday proposed expediting space and earth station licensing rules and starting a spectrum rework in six upper microwave bands.
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October 28, 2025
Va. Justices Urged To Restore Record $2B Trade Secrets Win
A software company fighting to regain a $2 billion trade secrets award urged the Virginia Supreme Court on Tuesday to affirm the verdict, arguing that an appellate court was wrong to disturb the conclusions from jurors and the trial judge.
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October 28, 2025
Eminem's Music Publishers Fight Meta's Bid To Toss IP Suit
Eminem's music publishers say they have outlined a clear, straightforward infringement case against Meta Platforms for allegedly unlicensed use of the rapper's music on social media platforms, urging a Michigan federal judge to reject what they characterized as a "dilatory" dismissal bid.
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October 28, 2025
FCC Aims To Chop Several Broadband 'Nutrition' Label Regs
Republicans on the Federal Communications Commission proposed Tuesday to jettison multiple Democrat-imposed requirements on internet service providers that were meant to give shoppers more information about the prices and data speeds of broadband plans.
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October 28, 2025
Fed. Circ. Won't Send Background Check Patent Fight To Okla.
The Federal Circuit on Tuesday shot down a background check software company's request to override a California federal court's refusal to ship a suit challenging the validity of its patents to Oklahoma.
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October 28, 2025
Skadden, Davis Polk Advise On Formation Of $22B Chip Giant
Skadden Arps Slate Meagher & Flom LLP and Davis Polk & Wardwell LLP are advising Skyworks and Qorvo, respectively, on a deal announced Tuesday that will merge the two leading U.S.-based semiconductor makers into a $22 billion industry giant.
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October 28, 2025
FCC Raises Prison Phone Rate Caps, Scrapping Dems' Effort
The Federal Communications Commission Tuesday revamped the rate cap structure for jail and prison phone calls, allowing providers to charge higher per-minute rates and wiping out a Democratic rule that addressed the same issue a year ago.
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October 28, 2025
Exactech Gets Another $19M In DIP Funds Ahead Of Sale
Joint implant maker Exactech Inc. received a Delaware bankruptcy judge's permission Tuesday to borrow an additional $19.1 million in its Chapter 11 case as the company works to complete an asset sale by the end of the week.
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October 28, 2025
Grassley Calls On Judiciary To Formally Regulate AI Use
Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, is calling on the federal judiciary to set formal policies regarding artificial intelligence after he exposed two mishaps involving federal judges in New Jersey and Mississippi.
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October 28, 2025
Monopolization Claims Against SAP Survive Dismissal
A California federal judge has refused to toss technology company Celonis' claims accusing software giant SAP of pushing it out of a market for business process analysis services after dismissing a previous version of the allegations.
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October 28, 2025
Calif. Atty Seeks $25K As Fee Sanction For AI Error
A California attorney representing a mobile app platform in a small-time copyright and contract suit playing out in Oakland federal court has asked for $25,000 as reimbursement for work he said went into responding to an error-ridden motion and subsequent time spent on the matter.
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October 28, 2025
Apple Says Fintiv IP, Racketeering Case Belongs In Texas
Apple Inc. is arguing that Texas, not Georgia, federal court is the right forum for Fintiv Inc.'s lawsuit accusing the technology giant of trade secret theft and racketeering, saying Fintiv is trying to repackage patent litigation from the Lone Star State, where Apple was partially cleared.
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October 28, 2025
Tax Software Co. Denies Poaching Rival's Workers
Tax preparation software company Avalara asked a Pennsylvania federal court to deny claims by a competitor that it illegally lured workers with generous job offers, saying it did not unfairly compete or interfere with the competitor's contracts as it claimed.
Expert Analysis
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Plaintiffs Bar Can Level Up With Strategic Use Of AI
As artificial intelligence adoption among legal professionals explodes, the question for the plaintiffs bar is no longer whether AI will reshape the practice of law, but how it can be integrated effectively and strategically to level the playing field against well-funded corporate defense teams, says Tyler Schneider at TorHoerman Law.
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Key Insurance Coverage Considerations For AI Data Centers
The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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How WTO's Anti-Suit Injunction Ruling Affects IP Stakeholders
The World Trade Organization's recent ruling in favor of the European Union's challenge to Chinese courts' anti-suit injunction practices should hearten holders of standard-essential patents, while implementers can take solace that they retain mechanisms to distinguish the WTO decision when seeking anti-suit injunctions in U.S. courts, says Michael Franzinger at Dentons.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Federal AI Action Plan Marks A Shift For Health And Bio Fields
The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.
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Potential Paths To Modernizing The Bank Secrecy Act
The Bank Secrecy Act's analog design has become increasingly incompatible with today's digital financial ecosystem, but legislative reforms, coupled with regulatory adjustments including updated thresholds, feedback mechanisms and innovation sandboxes, would help adjust the act to the unique challenges of modern technology, says Matthew Biben at King & Spalding.
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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.