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Technology
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October 20, 2025
OpenAI Says It Owes Musk Nothing In For-Profit Move
OpenAI and Microsoft have asked a California federal court to avoid trial on claims that OpenAI duped Elon Musk into donating $45 million with false promises of remaining a nonprofit, arguing no such promises were made and that the billionaire's money came without strings or control.
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October 20, 2025
Fed. Circ. Revived Chevron In PTAB Appeal, Justices Told
The Federal Circuit has revived Chevron deference in "all but name," by relying on U.S. Patent and Trademark Office policy to answer a key question about what qualifies as prior art, a law professor has told the U.S. Supreme Court.
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October 20, 2025
Biotech Co. Asks SEC For Emergency Delisting Pause
Chinese biotechnology company Shineco Inc. has asked the U.S. Securities and Exchange Commission for an emergency stay of Nasdaq's suspension and delisting of its securities, arguing it will likely succeed in its pending appeal to the stock exchange.
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October 20, 2025
Tax Startup CEO Swindled $13M From Investors, SEC Says
The CEO of a defunct tax-compliance startup lied to investors as she raised $13 million for her company, overstating its revenues by almost 900 times and falsely claiming she was a certified public accountant, the U.S. Securities and Exchange Commission said Monday in California federal court.
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October 20, 2025
Del. Supreme Court Upholds Keynetics Trust Dissolution
The Delaware Supreme Court on Monday upheld a Chancery Court order dissolving the Keynetics Shareholder Trust and sanctioning its chairman, ruling that the lower court acted within its discretion when it imposed penalties for repeated violations of stock transfer restrictions tied to the stock of Idaho tech firm Keynetics Inc.
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October 20, 2025
Cybersecurity Co. Sued In Del. For Merger Docs.
A CNI Holdings Inc. stockholder sued the cybersecurity company in Delaware's Court of Chancery for company books and records on Monday, citing a need for corporate details and documents that could purportedly salvage a California suit objecting in part to a "cram down" merger in 2022.
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October 20, 2025
Proposed PTAB Rules Bolster SAP's Fight, Fed. Circ. Told
SAP America Inc. told the Federal Circuit on Friday that its challenge to the U.S. Patent and Trademark Office's stance on Fintiv-based discretionary denials is bolstered by newly proposed USPTO rules, which the company says prove that "mandamus relief is urgently needed to protect important public interests."
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October 20, 2025
'A Total Mess': Judge Slams Calif. Privacy Law's Ambiguity
California's Invasion of Privacy Act "is a total mess" that routinely requires courts to make "borderline impossible" decisions about how to apply the law's language to new technologies, a San Francisco federal judge commented in an order Friday, pleading for state lawmakers to bring the law into the 21st century.
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October 20, 2025
TikTok Urges Nix Of Wash. Applicant's Pay Transparency Suit
TikTok urged a Washington state court to toss an applicant's proposed class action claiming the video platform failed to include salary information in job listings, arguing the worker leading the case and dozens of others couldn't show he was harmed by the omission.
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October 20, 2025
Samsung Must Face Vape Battery Injury Suit, Minn. Court Says
A Minnesota state appeals court has ruled that a subsidiary of Samsung must face a lawsuit regarding a vape pen battery that exploded in a man's pocket, saying the company was likely aware that some of the nearly 3 million batteries it shipped to the state were being used in e-cigarettes.
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October 20, 2025
DC Says It's Ready To Pick Subgrantees For BEAD Money
The District of Columbia has received the green light from the federal government on how it plans to use its $100 million slice of the Broadband Equity, Access and Deployment program pie after a Trump administration revamp of the program made all the states and territories rework their proposals.
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October 20, 2025
Meta Faces Massive Cut To $167M Win Over WhatsApp Hack
A California federal judge said Friday that WhatsApp parent Meta must either accept a cut of its $167.25 million punitive damages win against spyware-maker NSO Group to $4 million or go to trial again over the proper amount of damages, concluding that the amount awarded by a jury was "excessive."
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October 20, 2025
Squires Gives Entropic Chance To Save Patent Claims
The head of the U.S. Patent and Trademark Office says that the Patent Trial and Appeal Board has to take another look at certain claims the board found invalid in an Entropic Communications local area network patent challenged by Dish Network.
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October 20, 2025
Ford Says Solar Battery Co. Shared Trade Secrets
Ford Motor Co. has sued a battery maker with which it once had a business partnership, claiming the company filed multiple patent applications disclosing Ford's confidential technology.
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October 20, 2025
Mobile Cos. Ask FCC To Revisit Local Interconnection Rule
Wireless carriers asked the Federal Communications Commission to ditch a rule that allows local exchange carriers to request interconnection agreements with mobile providers, triggering procedures the carriers say can be overly burdensome.
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October 20, 2025
Ex-GC Says Honeywell Can't Boot Her Age Bias Suit To China
A former vice president and general counsel for a Honeywell subsidiary said the conglomerate can't skirt her age discrimination claims by punting the case to China — where she lived and worked during her employment — because she has no legal remedy under Chinese law.
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October 20, 2025
No Review For Battery Patent After USPTO Head Steps In
A lithium-ion battery maker won't have its challenge to a rival's patent heard at the Patent Trial and Appeal Board after the director of the U.S. Patent and Trademark Office said it wasn't a good use of time to review the fight.
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October 20, 2025
Give Small Jails More Time On FCC Rate Caps, Rep. Says
A U.S. lawmaker representing a swath of rural Virginia said the Federal Communications Commission needs to give small jails more time to comply with rate caps on inmate phone calls.
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October 20, 2025
Spiro Can't Be Witness And Musk Atty, Twitter Investors Say
Elon Musk's informed written consent does not mean that Quinn Emanuel Urquhart & Sullivan LLP partner Alex Spiro can serve as both his lead counsel and witness in the trial over a class of investors' allegations that Musk tried to tank Twitter's stock, those investors told a California federal judge on Friday.
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October 20, 2025
Bank Seeks Atty Fees For 'Vexatious' Patent Suit
CIBC Bank has asked a Texas federal court to impose sanctions on a rival litigant, its principal and one of its attorneys, saying the patent claims they brought were "vexatious and substantively unsuccessful in every single aspect."
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October 20, 2025
AI-Driven Marketing Biz Says Ex-Workers Lifted Trade Secrets
Artificial intelligence-integrated marketing and advertising venture AIquire Inc. sued a newer, climate-focused marketing business in Delaware federal court on Friday, accusing former employees and affiliated companies of misappropriating trade secrets to build the new business, Climaty.
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October 20, 2025
Paul Weiss-Led Diversis Wraps 3rd Fund With $1.2B
Paul Weiss Rifkind Wharton & Garrison LLP-advised Diversis Capital Management LP on Monday revealed that it closed its third fund with over $1.2 billion in tow, which will be used to invest in software and technology-enabled services companies.
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October 20, 2025
Catching Up With Delaware's Chancery Court
This past week, the Delaware Chancery Court and Supreme Court handled a crowded corporate docket, weighing blockbuster merger appeals, shareholder settlement objections, fights over control involving an NBA franchise and a high-profile appeal from Elon Musk involving a massive payday from Tesla.
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October 20, 2025
Justices Deny EcoFactor Appeal Over Google Patent Damages
The U.S. Supreme Court rejected an appeal by EcoFactor Inc. on Monday that argued the en banc Federal Circuit usurped the role of the jury when it found the company's damages expert unreliable and vacated a $20 million patent verdict it won against Google.
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October 20, 2025
UK Clears $24.2B Global Payments Deal For Worldpay
Britain's antitrust authority said Monday that it has given the green light to Global Payments' planned acquisition of payments giant Worldpay for $24.25 billion after finding that it will not harm competition in any U.K. markets.
Expert Analysis
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Analyzing AI's Evolving Role In Class Action Claims Admin
Artificial intelligence is becoming a strategic asset in the hands of skilled litigators, reshaping everything from class certification strategy to claims analysis — and now, the nuts and bolts of settlement administration, with synthetic fraud, algorithmic review and ethical tension emerging as central concerns, says Dominique Fite at CPT Group.
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11th Circ.'s FCRA Standing Ruling Offers Compliance Lessons
The Eleventh Circuit's recent decision in Nelson v. Experian on establishing Article III standing under the Fair Credit Reporting Act should prompt businesses to survey FCRA compliance programs, review open matters for standing defenses and refresh training materials, say attorneys at Nixon Peabody.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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Privacy Policy Lessons After Google App Data Verdict
In Rodriguez v. Google, a California federal jury recently found that Google unlawfully invaded app users' privacy by collecting, using and disclosing pseudonymized data, highlighting the complex interplay between nonpersonalized data and customers' understanding of privacy policy choices, says Beth Waller at Woods Rogers.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Recent Precedent May Aid In Defending Ad Tech Class Actions
An emergent line of appellate court precedent regarding the indecipherability of anonymized advertising technology transmissions can be used as a powerful tool to counteract the explosion of advertising technology class actions under myriad statutory theories, say attorneys at Duane Morris.
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Beaming Up Lessons From William Shatner's Failed Patent Bid
In a tale that boldly goes where few celebrity inventors have gone before, William Shatner's unsuccessful attempt to patent a smartphone file organization system offers insights about potential pitfalls to avoid in patent applications, say attorneys at King & Spalding.
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Assessing Potential Ad Tech Remedies Ahead Of Google Trial
The Virginia federal judge tasked with prying open Google’s digital advertising monopoly faces a smorgasbord of potential remedies, all with different implications for competition, government control and consumers' internet experience, but compromises reached in the parallel Google search monopoly litigation may point a way forward, say attorneys at MoloLamken.
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Earned Wage Access Providers Face State Law Labyrinth
At least 12 states have established laws or rules regulating services that allow employees to access earned wages before payday, with more laws potentially to follow suit, creating an evolving state licensing maze even for fintech providers that partner with banks, say attorneys at Venable.
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The Pros And Cons Of Levying Value-Based Fees On Patents
The potential for a recurring, value-based maintenance fee on patents, while offering some benefits, raises several complications, including that it would likely exceed the U.S. Patent and Trademark Office's statutory authority and reduce research and development activities in the U.S., says Sandip Patel at Marshall Gerstein.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Between The Lines Of EPO's Adoption Of Color Drawings
The European Patent Office's decision to accept patent drawings in color starting in October may enhance clarity in technical disclosures and streamline the examination process, and could also enable new patent filing strategies for international applicants, say attorneys at Miller Canfield.
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How Fashion, Tech Can Maximize New Small Biz Tax Breaks
Fashion and technology companies, which invest heavily in innovation, should consider taking advantage of provisions in the One Big Beautiful Bill Act that favor small businesses, restructuing if necessary to become eligible for expanded research and experimental expenditure credits and qualified small business stock incentives, says Aime Salazar at Olshan Frome.
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3 Circuits Breathe Life Into Privacy Enforcement, For Now
With the Second Circuit's recent decision in Verizon v. Federal Communications Commission, three courts of appeals have weighed in on all four record-breaking fines imposed, showing that — at least for now — the FCC continues to have broad authority to set and enforce privacy rules outside of the Fifth Circuit, say attorneys at HWG.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.