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Technology
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May 07, 2024
Plastics Recycler Sued In Del. After Stock Drop, Investigations
A PureCycle Inc. stockholder has launched a multicount derivative suit against the plastics recycling company's officers and directors in Delaware's Court of Chancery, seeking damages tied to a stock drop, alleged disclosure failures and insider dealings before and after a 2021 take-public merger.
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May 07, 2024
NTIA To Dole Out $420M For Open RAN Development
The National Telecommunications and Information Administration is putting another $420 million toward the radio equipment needed to develop open radio access networks, which many have pointed to as the solution for pivoting away from Chinese-made technology due to security concerns.
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May 07, 2024
Hytera Sanctions Show Strength Of Antisuit Injunctions
The Seventh Circuit's decision upholding $1 million a day in sanctions against Hytera Communications for violating an order to drop trade secrets and copyright litigation in China highlights the difficulty for lawyers when working alongside Chinese courts, while affirming to patent attorneys how powerful antisuit injunctions can be.
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May 07, 2024
Paycom Brass Face Investor Suit Over Future Revenue Woes
The top brass of human resources technology company Paycom Software Inc. have been hit with a shareholder derivative suit alleging that executives failed to disclose that a new product to streamline payroll processes was threatening its future revenue by helping companies avoid errors they would otherwise pay to fix.
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May 07, 2024
Truth Social Investor Grilled By Feds At Insider Trading Trial
A Florida investment pro on trial for allegedly exploiting confidential plans to take Truth Social public in a $23 million insider trading case was challenged Tuesday by prosecutors on the timing of trades and communications before the "special" media deal.
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May 07, 2024
Russian Charged Over $100M LockBit Ransomware Scheme
Federal prosecutors said Tuesday they have charged a Russian national with founding and heading the prolific ransomware group LockBit, which is accused of stealing more than $100 million from its victims.
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May 07, 2024
Alight Inks Deal With Activist Starboard For 2 New Directors
Alight Inc., a cloud-based human capital and technology services provider, said Tuesday it has agreed to appoint two new independent directors to its board through an agreement with activist investor Starboard Value LP.
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May 07, 2024
TikTok Urges DC Circ. To Ax 'Unprecedented' Divestment Bill
TikTok on Tuesday lodged its highly anticipated challenge to a new federal law that would exclude the popular app from the U.S. market unless it cuts ties with its Chinese parent company, telling the D.C. Circuit that the measure amounts to an unconstitutional and unprecedented ban on free speech.
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May 07, 2024
WilmerHale Guides Akamai's $450M Buy Of Noname Security
Cloud company Akamai Technologies Inc., advised by WilmerHale, on Tuesday announced plans to buy Noname Security, an application programming interface security company, for $450 million.
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May 07, 2024
Google Says Exec's Firing Based On Behavior, Not Bias
Google urged a New York federal court to toss a lawsuit from a former executive who said he was fired for being a white man, arguing his termination came because he threw a raucous, alcohol-fueled party at his lake house despite receiving prior warnings about bad behavior.
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May 06, 2024
Autonomy Execs Scrambled To Boost Gross Margin, Jury Told
A former Deloitte auditor testifying in a California criminal trial over claims that ex-Autonomy CEO Michael Lynch conned HP into buying the British software company for an inflated $11.7 billion price confirmed Monday that months before the sale, executives were scrambling to boost their gross margin numbers.
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May 06, 2024
Ancestry.com Unit Escapes Ill. Publicity Privacy Suit For Now
An Illinois federal judge has tossed a putative class action accusing a France-based subsidiary of Ancestry.com of featuring individuals in its advertising without their permission, finding the plaintiff had failed to show that the company had sufficient ties to the state, while leaving the door open for the claims to be revised.
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May 06, 2024
Google's $62M Location-Tracking Settlement Gets Green Light
A California federal judge has granted final approval to Google's $62 million settlement resolving allegations it illegally collected and stored smartphone users' private location information, a deal that includes $18.6 million in fees for the lawyers representing the consolidated class.
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May 06, 2024
Coinbase Operates As Unregistered Broker, Investors Say
Coinbase and its CEO have been hit with a proposed class action in California federal court alleging the crypto exchange "has been a part of a shadowy crypto ecosystem operating just outside of the law since formed over 10 years ago."
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May 06, 2024
USPTO Says Apple Foe Seeks Info That Falls Under Exemption
U.S. Patent and Trademark Office lawyers say the agency doesn't have to give any more of its communications to an inventor whose $533 million jury verdict win against Apple Inc. was overturned, and the USPTO wants a D.C. federal judge to toss his Freedom of Information Act lawsuit.
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May 06, 2024
Fed. Circ. Affirms PTAB Invalidation Of Voice Command IP
The Federal Circuit on Monday backed a Patent Trial and Appeal Board decision declaring that Mycroft AI had shown that several claims of a Voice Tech Corp. voice command patent for mobile devices were not valid.
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May 06, 2024
OnePlus, Pantech File Dueling Bids After $10M Patent Verdict
Chinese phone company OnePlus is contesting a Texas federal jury verdict that found it owes $10 million for infringing five Pantech patents, calling the sum a "grossly inflated damages award," while Pantech is asking the court to award it even more money.
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May 06, 2024
Dish's 5G Roll-Out Enough For Scienter, Investors Say
Even though Dish Network is maintaining that shareholders' confidential witnesses "witnessed nothing," those shareholders are telling the federal judge overseeing their case that the satellite company's own statements support their claims that Dish hid its 5G network integration issues from them.
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May 06, 2024
DC Circ. Dubious Of DMCA Speech-Rights Fight
Opponents of the Digital Millennium Copyright Act's anti-circumvention provision met a skeptical D.C. Circuit panel on Monday as judges grappled with whether the provision hinders First Amendment activity.
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May 06, 2024
Chancery Dismisses Officers From Game Co. Investor Suit
The CEO and president of Israel-headquartered mobile game developer Playtika Holding Corp. have won a Delaware vice chancellor's reluctant dismissal from a stockholder class challenge to a $600 million company self-tender offer, nearly four months after the same court sent claims against its controlling stockholder toward trial.
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May 06, 2024
Judge Turns Down Realtek's Patent 'Conspiracy' Case
A California federal judge has found that Taiwanese chipmaker Realtek can't use the federal courts to sue one of its major rivals for allegedly using a "bounty" to fund "patent troll" litigation against it because that doesn't break any federal antitrust laws.
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May 06, 2024
Amazon Loses Bid To Ship Patent Case From EDTX To Wash.
An Eastern District of Texas judge has denied Amazon's motion to transfer a two-factor authentication patent suit against it to the Western District of Washington, ruling that the e-commerce giant didn't show that its home base was clearly a more convenient location.
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May 06, 2024
UChicago Can't Ditch Data Sharing Privacy Claim
A University of Chicago Medical Center patient accusing the hospital of illegally sharing her and other patients' identifying information with Meta can pursue her claims that the info sharing constitutes a federal wiretap violation, an Illinois federal judge said.
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May 06, 2024
Ga. Insurance Agency Hit With Suit Over 'Unwanted Calls'
A Georgia-based insurance agency was hit with a proposed class action Monday alleging it makes "aggressive" telemarketing calls to seniors advertising final expense and life insurance products, even when the seniors are on the national do-not-call list or ask that the calls stop.
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May 06, 2024
Paul Weiss Lands M&A Pro Who Sees Strong Deals Pipeline
James "Jim" Langston has joined Paul Weiss Rifkind Wharton & Garrison LLP as a partner in its mergers and acquisitions practice in New York, telling Law360 the move presented an irresistible opportunity to team up with attorneys he previously admired from across the bargaining table.
Expert Analysis
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Uncertainty Surrounds Patent Eligibility Restoration Bill
A recent U.S. Senate hearing regarding the Patent Eligibility Restoration Act, a bill that aims to overhaul patent eligibility law and establish clearer statutory exclusions, marks a pivotal moment in the ongoing patent eligibility debate, but the law’s fate remains uncertain as discussions continue, say attorneys at Marshall Gerstein.
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Takeaways From Groundbreaking Data Transfer Order
A recent first-of-its-kind executive order and related proposed rulemaking lay the groundwork for important outbound U.S. data protections, but they may have unintended consequences related to the types of data and the subjects within their scope, say attorneys at Kirkland.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Innodata Suit Highlights 'AI Washing' Liability Risk For Cos.
A class action against software company Innodata over so-called AI washing, one of the first of its kind, underscores the litigation and enforcement risks that can arise from the U.S. Securities and Exchange Commission's novel theory about misleading artificial intelligence capabilities, say attorneys at Bracewell.
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For Now, Generative AI Is Risky For Class Action Counsel
Although a recent survey showed most in-house counsel think that their outside counsel should be using generative artificial intelligence "in some way" in class action work, the technology is more a target for class actions than it is a tool to be used in practice at present, says Matthew Allen at Carlton Fields.
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The Epic Antitrust Cases And Challenges Of Injunctive Relief
The Epic cases against Apple and Google offer a window into the courts' considerable challenges in Big Tech litigation and establishing injunctive relief that enhances competition and benefits consumers, say Kelly Lear Nordby and Jon Tomlin at Ankura Consulting.
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Steps To Reduce CIPA Litigation Risks For Companies
As class action claims brought under the California Invasion of Privacy Act continue to advance new theories under an old law to target companies for commonplace website and app activities, there are steps that organizations can take to reduce exposure and strengthen their defenses against such lawsuits, say attorneys at Hintze Law.
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Banks Should Continue To Prep For CFPB Data Rule Rollout
Consumer Financial Protection Bureau-supervised banks should not expect industry pressure to delay the rollout of proposed Section 1033 open banking rules, which regulate how consumer financial information flows between financial institutions, and prepare their required data access portals and compliance procedures now, say attorneys at Troutman Pepper.
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UMG-TikTok IP Rift Highlights Effective Rights Control Issues
Despite Universal Music Group's recent withdrawal of TikTok's licensing rights to its music catalog, the platform struggles to control uploads and reproductions of copyrighted material, highlighting the inherent tension between creative freedom and effective rights control in the age of social media, says Simon Goodbody at Bray & Krais.
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5 Trends To Watch As Value-Based Healthcare Gains Steam
Value-based care has grown and evolved as healthcare providers, payors and policymakers seek to improve patient results while containing costs, and this shift in the industry is expected to accelerate in the near future, say attorneys at Holland & Knight.
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Fed. Circ. Patent Lesson: No Contradiction, No Indefiniteness
The Federal Circuit’s recent ruling in Maxwell v. Amperex Technology highlights the complexities of construing patent claims when seemingly contradictory limitations are present, and that when a narrowing limitation overrides a broader one, they do not necessarily contradict each other, says Roy Wepner at Kaplan Breyer.
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3 Notification Pitfalls To Avoid With Arbitration Provisions
In Lipsett v. Popular Bank, the Second Circuit found that a bank's arbitration provision was unenforceable due to insufficient notice to a customer that he was bound by the agreement, highlighting the importance of adequate communication of arbitration provisions, and customers' options for opting out, say attorneys at Covington.
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Tips For Orgs Facing AI Data Privacy Compliance Challenges
Regulators around the world are actively seeking to enforce data privacy and consumer protection laws against companies providing artificial intelligence-related services, raising complex compliance questions in areas like transparency, data minimization, lawfulness of processing, data subject rights and higher risk activities, say attorneys at Hogan Lovells.
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Golf Course Copyright Bill Implications Go Beyond The Green
A new federal bill, the BIRDIE Act, introduced in February would extend intellectual property protections to golf course designers but could undercut existing IP case law and raise broader questions about the scope of copyright protection for works that involve living elements or nonhuman authorship, say attorneys at Bradley Arant.