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Technology
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October 08, 2025
OpenAI Says Copyright Case Isn't About AI Outputs
OpenAI told a Manhattan federal judge Wednesday that a group of authors should not be allowed to argue that ChatGPT spits out summaries or verbatim portions of their books in a copyright infringement case, saying this is an additional theory of infringement that would make discovery more onerous than it already is.
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October 08, 2025
'I Don't Want To Be A Referee,' Google Search Judge Says
A D.C. federal judge faced the prospect Wednesday of years more involvement in the U.S. Justice Department's case against Google's search monopoly, saying during a hearing that he's trying to balance avoiding being a "referee" for his remedies decision while preventing "misuses" of data sharing and search syndication mandates.
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October 08, 2025
Calif. Mandates Browser Ad Tracking Opt-Out In US First
California Gov. Gavin Newsom signed a bill Wednesday that requires browser developers to offer a digital tool enabling consumers to more easily opt out of online behavioral advertising throughout the web, making the Golden State the first in the nation to enact the regulations.
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October 08, 2025
Maryland Co. Challenges DHS Snub For Cybersecurity Award
A Maryland company told a Court of Federal Claims judge this week that the U.S. Department of Homeland Security's Cybersecurity and Infrastructure Security Agency improperly rated and passed over its quotation for a solicitation seeking digital transformation support services.
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October 08, 2025
Software Co.'s Ex-Chair Faces Jurist Ire Over 'Sloppy' Practices
A New York federal judge expressed frustration with the former chairman of The Resource Group International Ltd. in his bid to challenge his ouster from the software investment company following a widely reported sexual harassment scandal, criticizing the executive's "sloppy and irresponsibly careless practices" in the proceeding.
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October 08, 2025
5th Circ. Says Some NOLA Rental Rules Are Unconstitutional
A Fifth Circuit panel partially revived a proposed class action filed by homeowners and two companies challenging New Orleans' short-term rentals regulations, ruling in a published opinion that some of the regulations are unconstitutional.
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October 08, 2025
Crypto Co. Sues Mercury Funds Over $270M Token Dispute
A blockchain startup sued several entities of a venture capital firm on Wednesday, claiming they are trying to turn a $100,000 investment in the blockchain company's early-stage digital asset venture into $270 million worth of tokens by exploiting a contract typo that mistakenly tied token rights to all their shares.
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October 08, 2025
Battery Maker Enovix Gets Investor Suit Trimmed Again
A California federal judge has pared an investor lawsuit against lithium battery maker Enovix to a single claim, after finding that two allegedly misleading statements by the company about its production equipment testing were significantly taken out of context.
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October 08, 2025
11th Circ. Urged To Keep Ga.'s E-Commerce Regs On Ice
Internet trade group NetChoice urged the Eleventh Circuit Wednesday to leave in place an injunction that for more than a year has kept Georgia from enforcing new requirements on e-commerce platforms, arguing the state's law tries to push past a regulatory "ceiling" already imposed by federal law.
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October 08, 2025
Teen Owes $50K In Video Game Hacking Case
A Canadian teenager who was accused of hacking the online video game Rec Room, harassing other users and thwarting bans has agreed to stay off the game and pay $50,000 to end a civil suit in Washington federal court brought by the game's developers.
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October 08, 2025
FCC Wants Caller ID Expanded In Anti-Robocall Regs
The Federal Communications Commission will consider expanding the data that consumers receive on caller ID displays as part of a wider effort to stamp out scam robocalls from overseas.
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October 08, 2025
Discord Sued After User Info Leaked In Breach Of Vendor
Communications platform maker Discord Inc. was hit with a proposed class action in California federal court Tuesday after one of its third-party customer support partners suffered a data breach that allowed unauthorized parties to access personal information belonging to Discord's users.
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October 08, 2025
NBA Video Privacy Law Review Premature, Plaintiff Tells Justices
A website user urged the U.S. Supreme Court not to weigh in on the Second Circuit's decision last year that revived his lawsuit accusing the NBA of illegally sharing his viewing activity with Meta, arguing that the suit's second dismissal this week and his planned appeal "might complicate the court's review."
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October 08, 2025
Micron Files Patent Case In Calif. Day After Hit With Texas Suit
Chinese chipmaker Yangtze Memory Technologies Company Ltd. has accused Micron Technology Inc. of infringing a series of patents related to computer memory, prompting Micron to respond with its own suit asserting that it didn't infringe the patents.
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October 08, 2025
Advocacy Group Sues Trump To Restore Digital Equity Funds
A group advocating for wider broadband adoption has sued the Trump administration for canceling the disbursement of grants under the Digital Equity Act.
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October 08, 2025
Black NC Voters Take Redistricting Case To 4th Circ. Again
Two Black voters have urged the Fourth Circuit to hear as soon as possible their case alleging the North Carolina General Assembly unlawfully redrew state senate districts in a way that diluted the voting power of Black residents.
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October 08, 2025
Landlord Loses Bid To Depose DC In RealPage Case
A District of Columbia Superior Court judge has rejected a landlord's bid to depose D.C. for the city's rent price-fixing suit against property management software company RealPage Inc. and multiple landlords.
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October 08, 2025
2 More States Join Growing US Privacy Regulator Consortium
A bipartisan collective of U.S. regulators that was recently formed to collaborate on the implementation and enforcement of their states' data privacy regimes has swelled to double digits, with the attorneys general of Minnesota and New Hampshire on Wednesday being announced as the group's newest members.
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October 07, 2025
Atty Fee Concerns Sink Health Provider's $2M Privacy Deal
An Arizona federal judge refused to sign off on a nearly $2 million deal to resolve a proposed class action accusing LifeStance Health Group of illegally sharing website visitors' personal data with Meta, finding the proposed attorney fees to be "disproportionately high" compared to what class members stand to recover.
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October 07, 2025
Panel Said Congress Was 'Feckless,' 6th Circ. Told In FCC Row
The Sixth Circuit should agree to a full court reconsideration of a panel's decision to back the Federal Communications Commission's expanded data breach notifications for telecom carriers, says a conservative legal organization that believes the panel assumed Congress was legislating "fecklessly."
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October 07, 2025
Wash. Spam Email Law Is Unconstitutional, Retailers Say
Beauty retail giant Ulta and home improvement retailer Home Depot argued last week in separate cases that Washington state's Commercial Electronic Mail Act is unconstitutional and preempted by federal law as they seek to shed proposed consumer class actions claiming their promotional emails were misleading.
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October 07, 2025
Urologist Provider Must Face Data Leak Claims, Panel Says
The Georgia Court of Appeals has largely revived a proposed class action against a urology provider over a 2021 data breach that allegedly compromised the personal information of more than 79,000 patients, ruling Monday that the clinic could be liable for negligence and breach of contract.
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October 07, 2025
Mortgage Giants Shared Data To Fix Rates, Homeowners Say
A proposed class of homeowners has launched a sweeping class action against Rocket Mortgage, Wells Fargo, JPMorgan Chase and more than two dozen other mortgage lenders, accusing them of conspiring through Optimal Blue's pricing software to secretly share sensitive data and fix mortgage rates nationwide, allegedly inflating costs and deepening the U.S. housing affordability crisis.
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October 07, 2025
Chamber Asks 9th Circ. For Clarity In Trade Secrets Cases
The U.S. Chamber of Commerce backed Boeing's bid for the Ninth Circuit to reconsider a panel's decision to reinstate a $72 million jury verdict against the company, saying the panel's "swift treatment" of such a complex issue threatens creating confusion.
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October 07, 2025
Fed. Circ. Ponders Document Sealing In EDTX's Patent Cases
A Federal Circuit panel grappled Tuesday with document sealing practices in patent cases in the Eastern District of Texas, appearing at points skeptical about a digital rights nonprofit's efforts to unseal records in since-concluded litigation involving Charter Communications Inc.
Expert Analysis
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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.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.