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Technology
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May 28, 2024
Activision Wins $14M From Call Of Duty Cheat Code Sellers
Activision Publishing scored over $14.4 million in damages and nearly $300,000 in attorney fees against German companies accused of selling cheat codes for Call of Duty games when a California federal judge Tuesday granted its motion for default judgment, finding none of the defendants appeared in the case for a year.
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May 28, 2024
Apple Affiliate Says 'Biased Witnesses' Merit Verdict Reversal
An Apple-affiliated repair company is taking another shot at escaping claims of wage and hour violations in a multistate wage class action, asking a North Carolina federal judge for a directed verdict or new trial based on what the company characterized as insufficient evidence.
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May 28, 2024
Healthcare Tech Co. To Pay $1.5M To End Class Wage Claims
A healthcare software consulting company agreed to a $1.5 million deal resolving claims it violated Washington state wage law by requiring its software training staff to work up to 80 hours and seven days a week, according to a motion to approve the deal filed in federal court.
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May 28, 2024
Catching Up With Delaware's Chancery Court
Delaware Court of Chancery watchers shifted their focus last week from the courtroom to Dover's legislative hall, as proposed amendments to Delaware's corporate code were finally introduced to state lawmakers. Hearings, decisions and reversals involved Kraft-Heinz, AMC Entertainment and the merger of cryptocurrency companies BitGo and Galaxy. In case you missed it, here's the latest from Delaware's Chancery Court.
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May 28, 2024
Ga. Dental Imaging Co. Fights To Keep X-Ray IP Suit Alive
A dental technology company accusing a competitor of ripping off a 3D imaging system has urged a Georgia federal judge to keep its claims alive, telling the court its rival's defense amounts to a "whitewash" of the patent infringement allegations.
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May 28, 2024
Apple Denied Appeal Of Cert. In App Store Monopoly Suit
The Ninth Circuit on Friday rejected Apple's interlocutory appeal of an order certifying a class of millions of App Store users who allege antitrust violations, paving the way for discovery to proceed as the case heads toward a trial currently set for February 2026.
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May 28, 2024
Snubbed ConvergeOne Creditors Appeal Ch. 11 Plan
A group of ConvergeOne lenders that claim the information technology company's reorganization plan unfairly advantages rival creditors has appealed a Texas bankruptcy judge's recent ruling approving the Chapter 11 deal, asking a district court to stay the decision while it challenges what it called an "exclusive" rights offering underlying the plan.
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May 28, 2024
No Coverage For IT Co.'s 'Collusive' Settlement, Insurer Says
Chubb unit ACE American Insurance Co. told a Colorado federal court it owes no coverage to an IT company found liable by a jury for making fraudulent misrepresentations and breaching its cybersecurity agreement with an investment company, arguing the parties' post-verdict settlement was merely a workaround to "create insurance coverage."
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May 28, 2024
$3.1B Satellite Deal Needs Justices' Review, Co. Says
A broker accusing Lockheed Martin and Airbus of cutting it from a $3.1 billion military satellite deal opposed the Biden administration's contention that a U.S. Supreme Court review isn't needed, saying the administration incorrectly focused on an underlying F-35 deal.
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May 28, 2024
Mich. Atty Can't Have Dominion Info, Pa. Court Told
Dominion Voting Systems told a Pennsylvania state court Tuesday that information copied from election machines as part of a county's fraud probe was "fruit of the poisonous tree" and can't be shared with a Michigan attorney who has been in hot water for allegedly accessing other states' machine data and releasing the privileged information.
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May 28, 2024
Tech Co. Says Houston Court Set Trial Despite Atty Vacations
A Kansas-based technology company has asked a Texas appellate court to push back a June trial date in Houston, writing that a trial court judge scheduled the proceeding despite being notified of vacation conflicts by multiple attorneys.
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May 28, 2024
OpenText Says Excess Insurer Can't Join Merger Spat
OpenText urged a Michigan federal court to keep an excess insurer out of a coverage dispute stemming from an underlying class action over the software company's merger with Covisint, arguing that the insurer's reasons behind wanting to intervene are speculative and unripe.
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May 28, 2024
Industry Lines Up Behind Net Neutrality Repeal Measure
Broadband service providers lined up Tuesday to support a Republican-backed U.S. House bill to repeal the Federal Communications Commission's recently passed net neutrality rules, but the measure faces a chilly reception in the Democrat-controlled Senate.
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May 28, 2024
Deutsche Bank Wins Conn. Appeal In Battle With Billionaire
Deutsche Bank AG can continue to fight one prong of its sprawling, decade-long legal battle against billionaire Alexander Vik and his daughter as it seeks to satisfy a $243 million judgment rendered in the United Kingdom, the Connecticut Supreme Court ruled Tuesday.
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May 28, 2024
Chancery Speeds Microsoft Query Over $68.7B Activision Deal
Microsoft Corp. is entitled to a quick court declaration on whether its $68.7 billion acquisition of Activision Blizzard Inc. in October was valid, and a pension fund shareholder that challenged the deal has a right to be involved in the process, Delaware's Court of Chancery said Tuesday.
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May 28, 2024
Cleary, DLA Piper Steer T-Mobile's $4.4B UScellular Purchase
T-Mobile has agreed to buy United States Cellular Corp.'s wireless operations for $4.4 billion, including debt, in a deal that T-Mobile said on Tuesday will give customers "much needed choice" and provide "more real competition across the wireless industry."
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May 28, 2024
FTX Exec Who Acted As Bankman-Fried 'Tool' Gets 7½ Years
A Manhattan federal judge hit cryptocurrency finance expert and former FTX executive Ryan Salame with a 7½-year sentence Tuesday for duping a bank to authorize $1.5 billion of illegal transfers and making fraudulent campaign contributions for the exchange's convicted founder, Sam Bankman-Fried.
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May 24, 2024
Live Nation Ticket Buyers Follow Feds With Antitrust Suit
Live Nation and Ticketmaster were hit with a consumer antitrust proposed class action Thursday accusing them of monopolizing concert promotion and ticketing for major concert venues following their 2010 merger, which comes on the heels of the U.S. Department of Justice's own lawsuit.
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May 24, 2024
Sony Denied Early Bid To Block PlayStation Antitrust Class
A California federal judge Friday denied Sony's preemptive bid to deny class certification in a suit accusing it of overcharging PlayStation Store users through a monopoly on downloadable game cards, saying Sony has yet to show that the plaintiffs are bound by class action waivers, or it can enforce arbitration.
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May 24, 2024
Senate Republican Eyes Tutor.com's China Ties, Data Use
The top Republican on the U.S. Senate's health and education committee has launched an investigation into Tutor.com, a Chinese-controlled web service of The Princeton Review that offers students online tutoring, saying China's Communist Party may be exploiting users' sensitive data.
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May 24, 2024
Uvalde Families Say Call Of Duty, Meta Groomed Shooter
Families of schoolchildren shot at Robb Elementary School in Uvalde, Texas, in 2022 alleged in a pair of lawsuits Friday that Meta Platforms' Instagram, the maker of first-person shooter video game Call of Duty, and a manufacturer of assault rifles helped inspire, train and equip the teenage gunman.
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May 24, 2024
Samsung Beats Patent Suit Due To Misconduct By Ex-Attys
A Texas federal judge has thrown out a patent suit against Samsung seeking more than $300 million, holding that former in-house Samsung patent attorneys stole the company's confidential documents and used them to aid the patent owner, in misconduct he called "repugnant to the rule of law."
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May 24, 2024
Apple Can't Wipe Out 2 Fintiv Mobile Wallet Patents At PTAB
Apple wasn't able to persuade a panel of administrative patent judges to invalidate any language in a pair of patents issued to the founder of a failed cloud-based mobile financial services startup.
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May 24, 2024
Electric Car Co. Execs Hid Supply Issues, New Suit Claims
A shareholder of ChargePoint Holdings Inc. alleged Friday that current and former officers and directors of the electric vehicle charging station company misrepresented the company's business prospects and failed to disclose supply overruns for charging products, causing a stock drop when the truth was finally revealed.
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May 24, 2024
Malware Backdoor Found In Software Used By Courtrooms
Software created by a company that provides digital audiovisual technology to courtrooms, jails and other facilities contains a backdoor associated with malware that disguises itself as a normal update, analysts at a cybersecurity firm reported, warning that "users are at high risk and should take immediate action."
Expert Analysis
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How Suit Over An AI George Carlin May Lead To Legislation
George Carlin’s estate recently sued a company over an artificial intelligence-generated podcast allegedly impersonating the late comedian, highlighting the importance of much-needed state and federal protection against unauthorized representations of an individual’s image in the time of AI, say Anna Chauvet and Maxime Jarquin at Finnegan.
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10 Ransomware Issues GCs Should Have On Their Radar
As the ransomware threat landscape rapidly evolves, in-house counsel should expect to face a number of challenging dynamics, including the need to justify any ransom payments both to internal and external stakeholders, and data extortion demands that are bypassing the encryption stage, say attorneys at Alston & Bird.
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Parsing Chinese Governance On AI-Generated Content
As essential risk-mitigation, companies with a China reach should be aware of recent developments in Chinese oversight of AI-generated content, including the latest rulings and regulations as well as the updated ambit for supervisory bodies, say Jet Deng and Ken Dai at Dacheng.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Direct Claims Ruling May Alter Gov't Ties To Software Firms
A recent Federal Circuit decision allowing a software developer to pursue legal action under the Contract Disputes Act could change the government's relationship with commercial software providers by permitting direct claims, even in third-party purchase situations, say Dan Ramish and Zach Prince at Haynes Boone.
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Antitrust Ruling Shows Limits Of US Law's Global Reach
Antitrust plaintiffs often cite the legislative history of the Foreign Trade Antitrust Improvements Act to support application of U.S. antitrust law to alleged injuries abroad, but as a California federal court recognized recently in Figaro v. Apple, the cited history does no such thing, say Daniel Swanson and Eli Lazarus at Gibson Dunn.
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The Fed. Circ. In February: A Reminder On Procedure Rule 28
Because the Federal Circuit does not often issue a sua sponte precedential order emphasizing an important rule of practice, it is useful to look at how the court applied the restrictions of appellate procedure Rule 28 in Promptu v. Comcast last month, and in cases that preceded it, say Jeremiah Helm and Sean Murray at Knobbe Martens.
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New Concerns, Same Tune At This Year's SIFMA Conference
At this year's Securities Industry and Financial Markets Association conference on legal developments affecting the financial services industry, government regulators’ emphasis on whistleblowing and AI washing represented a new refrain in an increasingly familiar chorus calling for prompt and thorough corporate cooperation, say attorneys at Fried Frank.
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HHS' Updated Tracking Tech Guidance Offers Little Clarity
The U.S. Department of Health and Human Services' Office for Civil Rights' updated guidance on the use of online tracking technologies appears more focused on legal issues raised in ongoing litigation with the American Hospital Association and less on practical guidance for covered entities, say attorneys at Sheppard Mullin.
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Ready Or Not, Big Tech Should Expect CFPB Surveillance
In light of the Consumer Financial Protection Bureau's proposed plan to supervise large companies providing the vast majority of digital money transfers, not only will Big Tech have to prepare for regulation previously reserved for traditional banks, but the CFPB will also likely face some difficult decisions and obstacles, says Meredith Osborn at Arnold & Porter.
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3 Cybersecurity Takeaways From White House Tech Report
Tech companies and software developers should take stock of the Biden administration's push for improved cybersecurity in a recent White House report, especially given that the report lays new building blocks related to potential liability for developers, say attorneys at Sidley.
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Contract Disputes Recap: Facts Differ But Same Rules Apply
Zachary Jacobson and Sarah Barney at Seyfarth examine two decisions illustrating that reliance on a technicality may not save an otherwise untimely appeal, and that enforcement of commercial terms and conditions under a federal supply schedule contract may be possible.
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Untangling The Legal Complexities Of Trade Secrets And AI
With broad adoption of generative artificial intelligence, some have suggested trade secret law is the best means for protecting innovations, but while this protection may apply to all forms of information, the breadth of coverage may make identifying the information and later misappropriation difficult, say Joshua Lerner and Nora Passamaneck at WilmerHale.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.