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Technology
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May 08, 2024
CBD Retailer Wants To Avoid Privacy Suit
CBD retailer Charlotte's Web Inc. has urged a California federal judge to toss a woman's suit accusing it of secretly recording conversations of those who visit its website, saying the lead plaintiff didn't even use the allegedly wiretapped chat functions and therefore can't have been harmed.
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May 08, 2024
Coldwell Banker's Lockboxes Draw BIPA Suit
Coldwell Banker has been sued in Illinois state court by a proposed class of employees who claim it violated Illinois' biometric privacy law by failing to get their informed consent before requiring them to scan their fingerprints to access biometric lockboxes that store keys for rental units shown to potential customers.
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May 08, 2024
Coordinators Resist Bid To Open 800 MHz Assignments
The Association of American Railroads is warning the Federal Communications Commission not to accept a proposal from the wireless industry that would remove frequency coordinators' requirement to concur with one another when operating in bands below 800 MHz reserved for business and industrial purposes.
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May 08, 2024
Icahn, Xerox Investors Settle Nixed HP Merger Suit For $2.2M
Carl Icahn will pay $2.2 million to Xerox under an agreement reached with a pair of the company's stockholders, who accused the billionaire investor in a consolidated shareholder derivative lawsuit of trading on non-public information regarding Xerox's now-doomed bid to acquire HP Inc. for $33 billion.
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May 08, 2024
Japanese Crypto Exchange Coincheck Eyes US Listing In '24
Simpson Thacher-led Japanese cryptocurrency exchange Coincheck Group B.V. plans to complete a long-awaited merger with a special-purpose acquisition company by the year's second or third quarter, a combination that would make it the second U.S.-listed crypto venue.
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May 08, 2024
NC Court Clerks, Administrators Escape Digital Courts Suit
Plaintiffs in a proposed class action have voluntarily dropped North Carolina court administrators and clerks from a lawsuit alleging that flaws in the state's electronic court filing system led to unlawful arrests and longer jail stays.
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May 08, 2024
Simpson Thacher-Led Silver Lake Lands $20.5B For 7th Fund
Technology-focused private equity shop Silver Lake, advised by Simpson Thacher & Bartlett LLP, announced Wednesday the closing of its seventh flagship fund after securing $20.5 billion from investors, beating out the amount raised in its predecessor fund by about half a billion dollars.
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May 07, 2024
GOP Reps. Want IP Enforcers To Get Tougher On Infringers
Republican lawmakers complained at a Tuesday congressional hearing about the Biden administration's move to end the controversial Trump-era "China Initiative" aimed at curbing suspected economic espionage and questioned administration officials over how diligently they have pursued intellectual property cases on behalf of U.S. manufacturers, retailers, movie studios and vape companies.
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May 07, 2024
Amazon, Epson Unite To Go After Printer Ink Counterfeiters
Amazon and Seiko Epson have teamed up to go after several bad actors in Turkey and the United Kingdom that are allegedly hawking knockoff Epson printer ink bottles and cartridges on Amazon's platform, according to a trademark infringement action filed in the Western District of Washington.
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May 07, 2024
Google Founder And CEO Eyed In Texas Deposition Push
Texas and allied states have pressed a Texas federal judge not to release Google co-founder Sergey Brin and CEO Sundar Pichai from sitting for depositions in a suit alleging the tech company illegally dominated the online advertising market.
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May 07, 2024
DOJ's 'Dr. Doom' Sees AI's Crime-Fighting Abilities, And Risks
The U.S. Department of Justice is using artificial intelligence to bolster its investigations, including into the Jan. 6 attack on the U.S. Capitol, said U.S. Deputy Attorney General Lisa Monaco on Tuesday at a cybersecurity conference at which she dove into the beneficial uses of AI alongside its threats to security and democracy.
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May 07, 2024
Apple's $490M Investor Deal Needs 'A Little Bit More Work'
A California federal judge refused Tuesday to preliminarily approve Apple's $490 million deal to end investors' class action alleging they were misled about iPhone sales in China, saying that while key terms are "satisfactory," the plan needs "a little bit more work," like fixing a "convoluted" notice to investors.
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May 07, 2024
Judge Limits Valve's Arguments In Controller Patent Fight
A federal judge in Seattle has partly granted a bid from Ironburg Inventions Ltd. to block Valve Corp. from raising certain arguments when challenging a video game controller patent at district court based on estoppel rules from the Patent Trial and Appeal Board.
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May 07, 2024
DC Circ. Examines Timing In ITC's Bid To Investigate Expert
The D.C. Circuit on Tuesday scrutinized the U.S. International Trade Commission's bid to revive an investigation into a former expert witness retained by Qualcomm for allegedly breaching a protective order, questioning whether the expert's successful suit to stop the probe was premature, as the commission claims.
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May 07, 2024
Microsoft Announces AI For Top Secret Gov't Cloud
Microsoft announced Tuesday that it will make generative artificial intelligence tools available for federal defense and intelligence agencies as part of its cloud system for classified information, using a private network not connected to the public internet.
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May 07, 2024
In Calif. Case, Samsung Contractor Points To Waco Verdict
A Samsung contractor says a Texas jury verdict that cleared the South Korean phone maker from a $4 billion patent suit should free it from similar allegations in a case in California.
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May 07, 2024
Commerce Revokes Huawei Export Licenses
The U.S. Department of Commerce has revoked active export licenses for Chinese technology giant Huawei, an agency spokesperson confirmed Tuesday, the same day the company's Intel-powered Matebook X Pro 2024 laptop hit the international market.
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May 07, 2024
New IPad Buyers And Complaint OK'd In Amazon-Apple Suit
Two new iPad buyers filed an amended antitrust complaint Tuesday over the Amazon-Apple pact restricting iPhone and iPad sales to approved vendors after a Washington federal judge overrode defense arguments that the named plaintiff swap is too late and replaces an unsuitable class representative.
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May 07, 2024
Amazon Says Zulily Lacks Standing To Bring Antitrust Claims
Amazon is asking a Washington federal court to throw out now-defunct online retailer Zulily's lawsuit accusing it of using its monopoly power to shut out competition from other online retailers, arguing that Zulily merely "parrots" allegations made by regulators and has singled out "plainly procompetitive practice."
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May 07, 2024
Meta Gets PTAB To Wipe Out Photo-Tagging Patent In Calif. Suit
The Patent Trial and Appeal Board has wiped out all challenged claims in a patent owned by a company that is suing Meta in California federal court.
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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.
Expert Analysis
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8 Questions To Ask Before Final CISA Breach Reporting Rule
The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.
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Is The Digital Accessibility Storm Almost Over?
Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.
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Rebuttal
Double-Patenting Ruling Shows Terminal Disclaimers' Value
While a recent Law360 guest article seems to argue that the Federal Circuit’s Cellect decision last year robs patent owners of lawful patent term, the ruling actually identifies how terminal disclaimers are the solution to the problem of obviousness-type double patenting, say Jane Love and Robert Trenchard at Gibson Dunn.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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How Courts Are Interpreting Fed. Circ. IPR Estoppel Ruling
In the year since the Federal Circuit’s Ironburg ruling, which clarified the scope of inter partes and post-grant review estoppel, district court decisions show that application of IPR or PGR estoppel may become a resource-intensive inquiry, say Whitney Meier Howard and Michelle Lavrichenko at Venable.
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A Recipe For Growth Equity Investing In A Slow M&A Market
Carl Marcellino at Ropes & Gray discusses the factors bolstering appetite for growth equity fundraising in a depressed M&A market, and walks through the deal terms and other ingredients that set growth equity transactions apart from bread-and-butter venture capital investing.
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Patent Damages Jury Verdicts Aren't Always End Of The Story
Recent outcomes demonstrate that patent damages jury verdicts are often challenged and are overturned approximately one-third of the time, and successful verdict challenges typically occur at the appellate level and concern patent validity and infringement, say James Donohue and Marie Sanyal at Charles River.
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NY Tax Talk: Primary Function Is Key Analysis For Sales Tax
Two sales tax cases recently decided by New York's Appellate Division illustrate why both taxpayers and the state's Department of Revenue subscribe to the primary function test, a logical way to determine whether business transactions are subject to sales tax, say Elizabeth Cha and Jeremy Gove at Eversheds Sutherland.
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Notable Q1 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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Opinion
Viral Deepfakes Of Taylor Swift Highlight Need For Regulation
As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.
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New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
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Ill. Justices' Ruling Answers Corporate Defamation Questions
The Illinois Supreme Court's recent unanimous decision in Project44 v. FourKites provides needed certainty and direction for lower courts considering defamation cases involving communications to corporate officers from third parties outside the corporation, which could result in fewer unwarranted motions to dismiss in trial courts and nonmeritorious appeals, says Phillip Zisook at Schoenberg Finkel.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Opinion
CFPB Could, And Should, Revise Open Banking Rulemaking
In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.