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Technology
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April 15, 2024
House Rejects Bid To Overturn Spy Bill Authorization
The U.S. House of Representatives on Monday rejected an attempt to overturn legislation reauthorizing a controversial foreign surveillance program after several Republican lawmakers took issue with the exclusion of a warrant requirement for accessing U.S. citizens' information.
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April 15, 2024
Minimize Nat'l Security Regs On Broadband, Verizon Says
Verizon said the Federal Communications Commission should not impose national security reviews that could disrupt existing broadband service when it passes a net neutrality order as expected this month.
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April 15, 2024
Claims Court Backs VA's Pick For Healthcare Conversion Deal
The U.S. Court of Federal Claims has backed the U.S. Department of Veterans Affairs' decision to tap a healthcare technology company to convert paper-based healthcare claims into electronic formats despite protests from two competitors for the work that allege the VA assigned them undeserved weaknesses.
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April 15, 2024
Apple Faces Two Suits Over IPhone Market Dominance
Apple has been hit with a pair of suits alleging it has unfairly stifled competition in the smartphone market and that its practices and iPhone sales have violated federal securities and antitrust laws.
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April 15, 2024
L'Occitane Privacy Suit Against Zimmerman Reed Trimmed
A Los Angeles federal court is weighing ending a suit by L'Occitane against Zimmerman Reed LLP and thousands of clients who complained that the company's website tracking tools violated their online privacy, after denying a bid by defendants to compel arbitration and tossing a claim that Zimmerman Reed violated the Computer Fraud and Abuse Act.
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April 15, 2024
Apple Defends Anti-Steering Rule Compliance In Epic Case
Apple told a California federal court it has fully complied with an order barring anti-steering rules in its App Store and said complaints from Epic Games, Microsoft and others about its compliance are just efforts by the companies to pad their own profits.
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April 15, 2024
MCA Reaches $100K FCC Settlement Over Radio Licenses
Mobile Communications America Inc. reached a $100,000 settlement Monday with the Federal Communications Commission, resolving claims that it failed to seek approval to transfer control of several business radio licenses.
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April 15, 2024
Meta, FTC Pause Constitutionality Fight For High Court Ruling
Meta and the Federal Trade Commission agreed Monday to pause Meta's challenge of FTC changes to a 2020 settlement over user privacy until the U.S. Supreme Court issues a ruling on a similar case involving the U.S. Securities and Exchange Commission.
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April 15, 2024
Feds Say $3.5M 'Cryptojacking' Scam Targeted Cloud Services
A Nebraska man defrauded two cloud computing services of $3.5 million and used the proceeds to mine an additional $1 million in cryptocurrency, Brooklyn federal prosecutors said Monday.
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April 15, 2024
LA County Tells FCC It Supports Plan To Georoute 988 Calls
Support is growing for a Federal Communications Commission proposal to require georouting calls to the 988 Suicide and Crisis Lifeline, with Los Angeles County backing the idea Friday in a filing with the agency, and other groups saying even more urgency is needed.
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April 15, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware justices mulled whether one Chancery Court vice chancellor properly voided four company bylaws — just as another vice chancellor voided one more. Fights among Truth Social investors continued, and shareholders launched new cases involving Macy's, United Airlines, and Clayton Dubilier & Rice LLC and Stone Point Capital LLC.
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April 15, 2024
DC Judge Blocks Texas AG's Media Matters Investigation
A D.C. federal judge issued a preliminary injunction blocking Texas Attorney General Ken Paxton from investigating Media Matters over its reporting on the X social media platform, ruling that the probe deterred the progressive media watchdog's "core First Amendment activities."
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April 15, 2024
Clearlake Increases Blackbaud Takeover Bid To $4.3B
Private equity shop Clearlake Capital has upped its offer to purchase Blackbaud Inc. by roughly $500 million — bringing its proposal to around $4.3 billion — after the cloud computing software company rejected its previous buyout bid, with the firm saying the take-private deal would be the "clearest path" to maximizing shareholder value.
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April 15, 2024
Attys In Google Maps Case Chided For Wordy Footnotes
A California federal judge has flagged attorneys representing Google Maps customers in an antitrust action for submitting a filing with "numerous excessively long footnotes," and threatening sanctions if they don't provide a reasonable explanation to the court.
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April 15, 2024
Google Says Worker Fired Over Threats, Not Bipolar Disorder
Google told a California federal court it should toss a lawsuit alleging the tech giant fired an employee because he took medical leave due to his bipolar disorder, arguing he was let go because of threatening emails he sent rather than his mental illness.
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April 15, 2024
Simpson Thacher, Willkie Build $1.4B Sale Of Snap One
Willkie Farr & Gallagher LLP-advised Resideo Technologies Inc. on Monday announced plans to buy smart-living products provider Snap One Holdings Corp., led by Simpson Thacher & Bartlett LLP, for $1.4 billion, which will be supported by a $500 million investment from private equity giant Clayton Dubilier & Rice LLC.
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April 15, 2024
Italian Cable Giant Prysmian Buying Encore Wire For $4.2B
Milan-based electric cabling manufacturer Prysmian said Monday it has agreed to purchase McKinney, Texas-based Encore Wire in a transaction with an approximately $4.2 billion enterprise value.
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April 15, 2024
Justices Allow Class Action Over ATM Fees To Proceed
The U.S. Supreme Court on Monday declined to review a D.C. Circuit decision affirming class certifications in a long-running ATM fee dispute, which Visa and Mastercard claimed created a circuit split over the correct standard of review courts should use when considering certification motions.
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April 12, 2024
Gilstrap Rejects Jury Instruction Tweaks In Samsung Retrial
U.S. District Judge Rodney Gilstrap on Friday largely denied jury instruction requests made by both Samsung and G+ Communications ahead of a damages retrial in Texas federal court in litigation over wireless network patents, rejecting each company's ideas for limiting what's presented to jurors.
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April 12, 2024
Real Estate Authority: RE Women In BigLaw, Q1, Proptech
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on gender diversity rates among 20 BigLaw real estate practices, M&A and financing stats from the first quarter, and the 2024 Real Estate Technology Conference in New York.
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April 12, 2024
Patreon Takes Aim At Constitutionality Of Video Privacy Law
Content monetization platform Patreon pressed a California federal judge Friday to toss a proposed class action claiming it violated the Video Privacy Protection Act by sharing members' video-watching data with Meta, arguing that the "poorly drafted" federal law unconstitutionally restricts its speech and imposes damages unrelated to any actual harm.
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April 12, 2024
Sports Co.'s Logistics Shutdown Suit Survives Dismissal Bid
A Washington federal judge has partially rejected a logistics company's dismissal bid in a manufacturer's lawsuit over a cyberattack that allegedly stunted operations, criticizing the "obtuse" argument that their deal didn't explicitly require the contractor to shield the client from such breaches.
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April 12, 2024
Ill. Court Affirms $300K Revenge Porn Award
A man who repeatedly uploaded an intimate video of his ex-girlfriend to pornography sites, identifying her by name and location, cannot shirk the $300,000 in damages that an Illinois judge slapped him with, a state appeals court has ruled.
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April 12, 2024
Epic Wants Google Play Store Reforms After Antitrust Verdict
Following Epic Games' jury win on antitrust claims related to the Google Play Store and Android apps, the "Fortnite" maker has asked a California federal judge to force Google to allow consumers to download apps from wherever they want and bar the tech giant from restricting in-app purchase options.
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April 12, 2024
S. Korea Must Pay Mason $32M In Samsung Merger Fight
An international tribunal ordered South Korea to pay Mason Capital Management LLC $32 million in a long-running investor-state suit filed by the New York-based hedge fund over the 2015 merger of two Samsung affiliates, according to the South Korea Ministry of Justice.
Expert Analysis
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Patent Prosecution Carries Consequences For Later Litigation
The Federal Circuit's recent Mylan v. Actelon holding, along with three other 2023 decisions, underscores the continued need for patent prosecutors to make note of potential claim construction issues that may arise in subsequent litigation, says Steven Wood at Hunton.
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.
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10 Global Antitrust Trends To Anticipate In 2024
Proactive navigation of the antitrust enforcement environment remains crucial this year as legal policy and tools evolve to meet intensifying global economic complexity, including geopolitical tensions, trade realignment, market volatility and inflation, say attorneys at Freshfields.
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Takeaways From FTC Children's Privacy Rule Proposal
The Federal Trade Commission’s recently issued and long-awaited proposed revisions to its Children's Online Privacy Protection Rule are not as seismic as might have been expected under current leadership, and show that the agency's COPPA rulemaking is far from over, says Phyllis Marcus at Hunton.
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5 Trade Secret Developments To Follow In 2024
Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.
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Del. Ruling Guides On Advance Notice Bylaw Amendments
The Delaware Chancery's Court's recent denial of investment fund Paragon Technologies' injunction motion against Ocean Power Technologies underscores the importance of carefully crafting and enforcing corporate advance notice bylaw amendments, especially in light of universal proxy rules, say attorneys at Venable.
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Global Cartel Enforcement Looks Set To Intensify In 2024
The cartel enforcement winds may strengthen this year, with the U.S. Department of Justice, as well as regulators in other countries, placing a renewed focus on pursuing international cartels and more traditional, hard-core cartel conduct, say attorneys at Simpson Thacher.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Supreme Court Amgen Ruling's Major Effect On Enablement
The U.S. Supreme Court's Amgen v. Sanofi invalidity holding continues to significantly affect technologies and all aspects of the patent system by providing confidence in the Federal Circuit's approach and a clearer understanding on enforceability and the disclosure needed for compliance, say Irena Royzman and Daniel Williams at Kramer Levin.
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3 Key Class Action Trends To Use As Guidance In 2024
Telephone Consumer Protection Act, privacy and false advertising class actions saw significant shifts last year — including a trend toward expanding the application of preexisting laws to current technologies — that businesses should keep in mind to navigate the class action landscape in 2024, say attorneys at Mintz.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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The 5 Most Important Bid Protest Decisions Of 2023
Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.
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Healthcare Industry Must Prepare For Greater AI Regulation
Healthcare entities that use even basic machine-based systems should pay close attention to a recent executive order and a proposed bill, both of which focus on artificial intelligence safety and security, and signal the government's intent to establish a regulatory framework for AI-enabled technology, says Kristen Petry at Spencer Fane.
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What Can Be Learned From Adobe-Figma Merger Termination
The Competition and Markets Authority’s role in the recent termination of the proposed Adobe-Figma merger deal indicates the regulator's intention to be seen as a strong enforcer in the technology sphere, and serves as a warning for companies to address antitrust risks early on in the merger process, say Deirdre Taylor and Molly Heslop at Gibson Dunn.
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Fed. Circ. Cellect Ruling Triggers Significant Patent Risk
A recent data analysis shows that the Federal Circuit's decision of patent invalidity in Cellect presents a significant risk to patent holders with subsequent child applications, which may be unpatentable under the judicially created doctrine of obvious-type double patenting, says Curtis Altmann at Hoffmann & Baron.