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Technology
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October 22, 2024
Anthropic Says Fair Use Bars Authors' Copyright Class Action
Anthropic PBC will mount a fair use defense against allegations from a proposed class of authors and journalists who sued the artificial intelligence company in August for allegedly ripping off their copyrighted work to train its large language model Claude.
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October 22, 2024
Day Trader Seeks Early Win In Verifone Insider Trading Suit
A day trader moved for an early win in a U.S. Securities and Exchange Commission insider trading case alleging the trader was tipped off by a former Francisco Partners consultant about the firm's $3.4 billion purchase of Verifone Systems Inc., arguing there is no evidence that he knew he received material nonpublic information, let alone traded on it.
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October 22, 2024
Talkiatry CEO On How Digital Healthcare Has 'Matured'
Digital health has come a long way in recent years, but it's still got plenty of growing up to do. That's according to Robert Krayn, co-founder and CEO of virtual psychiatry platform Talkiatry.
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October 22, 2024
Wafer Factories Qualify For CHIPS Tax Credit In Final Regs
Semiconductor wafer production facilities will qualify for the 25% investment tax credit that incentivizes advanced chip manufacturing development projects under final regulations the U.S. Department of the Treasury released Tuesday.
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October 22, 2024
Del. Justices Set Guardrails For How Courts Can Use AI
The Delaware Supreme Court has adopted a brief interim policy to guide judicial officers and court personnel in the use of generative artificial intelligence, permitting the "safe and appropriate" use of the technology in First State courts.
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October 22, 2024
Haynes Boone Adds Fish & Richardson Patent Atty In SF
Haynes and Boone LLP announced Tuesday the firm has added a patent prosecutor from Fish & Richardson PC to its San Francisco office, where the leader said the new partner's AI experience will assist the firm in helping clients to innovate and remain competitive.
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October 22, 2024
Hagens Berman Tells Amazon, Apple: Sure, Sanction Client
Hagens Berman Sobol Shapiro LLP is fine with a Washington federal court sanctioning the firm's client — formerly the lead plaintiff — in a putative antitrust class action against Apple and Amazon, saying it shares their goal of compelling document production after the plaintiff ghosted his attorneys.
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October 22, 2024
EchoStar Blasts SpaceX 12 GHz Study As 'Deeply Flawed'
Dish owner EchoStar hit back at SpaceX in a new filing with the Federal Communications Commission last week, calling a SpaceX study claiming that Dish's proposed fixed 5G service in the 12 gigahertz band would interfere with existing satellite broadband and broadcast service "deeply flawed" and based on "imaginary interference."
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October 22, 2024
FCC Expands FirstNet Spectrum Use In 4.9 GHz Band
The Federal Communications Commission on Tuesday unveiled a controversial plan to expand spectrum rights for AT&T's FirstNet emergency response network in the 4.9 gigahertz airwaves set aside for a wide range of public safety uses.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 22, 2024
In-House Counsel For Veeva, SingleStore Joins Stoel Rives
Stoel Rives LLP has hired the former in-house counsel for technology companies SingleStore and Veeva Systems Inc. in Boise, Idaho, positioning the firm to better serve the increasing demand for sophisticated transactional representations in the area.
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October 21, 2024
Mastercard's Legal Chief Departs For Tech Co. Coherent
Rob Beard is leaving his post as Mastercard Inc.'s chief legal officer and global policy head to join Coherent Corp. as its CLO, the industrial laser technology company announced Monday.
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October 21, 2024
EV Charging Co. Defeats Investor Suit Over Merger Statements
A California federal judge on Monday threw out, for good, an investor suit accusing electric-vehicle charging company Volta Inc. of making false and misleading statements around the time of its merger, finding once again that the investors failed to show how the statements were actually false and misleading.
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October 21, 2024
Target Wants Sanctions For 'Bogus' BIPA Suit
An Illinois federal judge should sanction a group of Target customers and their lawyers for pursuing a facial recognition privacy case even though the plaintiffs had seen evidence their legal theory was "bogus," the retail giant says.
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October 21, 2024
Video Game Co. Looks To Halt Mass Antitrust Arbitration
The company behind PC game marketplace Steam is suing over 600 game buyers in a bid to block them from contintuing in arbitration with antitrust claims against the company, calling the litigants "pawns" in attorney William Bucher IV's mass arbitration scheme.
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October 21, 2024
Apple Tells Del. Jury It Wants Smartwatch Infringing To Stop
An Apple attorney told a federal jury in Delaware on Monday that the company is willing to accept only a token damage award from Masimo Corp. for the health tech company's infringement of Apple's smartwatch, but wants the alleged copying barred.
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October 21, 2024
SEC To Focus On Advisers' Investment Outsourcing In '25
U.S. Securities and Exchange Commission examiners are poised to generally stay the course with their exam priorities in the coming year, with a particular focus on investment advisers that outsource their investment functions, according to a report released Monday.
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October 21, 2024
NYSE, Cboe Win SEC Approval For Bitcoin ETP Options
The U.S. Securities and Exchange Commission has given the New York Stock Exchange and Cboe Global Markets permission to list and trade options of certain bitcoin exchange-traded products, following the long-anticipated approval of the ETPs themselves at the start of this year.
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October 21, 2024
SEC, CFTC Chairs Talk Crypto, AI & Wall Street Texting Sweep
The leaders of the U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission appeared before an audience of top financial professionals Monday to discuss the future of cryptocurrency and artificial intelligence regulations and to defend against accusations that ongoing probes of brokers' use of off-channel communications were too harsh.
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October 21, 2024
Justices Told Newman's Suspension Preventing Fair Hearings
The owner of a background check patent that was found invalid for claiming only an abstract idea has told the U.S. Supreme Court that it was deprived of a fair hearing at the Federal Circuit due to the suspension of Judge Pauline Newman.
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October 21, 2024
In OpenAI Copyright Case, Court Told, 'Too Many Cooks'
Lawyers for some of the media companies and groups hitting up OpenAI and Microsoft with copyright cases say they have major reservations about marrying their cases, warning about rushed discovery and "forcing too many cooks into the same kitchen."
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October 21, 2024
Google, Meta Want Out Of GoodRx Health Data Sharing Suit
Google, Meta Platforms and Criteo have asked a California federal court to cut them loose from litigation alleging that GoodRx improperly shared patients' protected health information with the tech companies, saying the claims are "fundamentally flawed."
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October 21, 2024
GPS Maker Accused Of Infringing Car Data Monitoring Patent
A Texas company sued GPS tracking device maker Linxup LLC on Monday in North Carolina federal court, accusing it of infringing a patent on a device that can monitor a car's operations data.
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October 21, 2024
Tesla Used AI 'Blade Runner 2049' Image For Sales, Suit Says
When Alcon Entertainment wouldn't let Tesla use an image from "Blade Runner 2049" in an event live-streamed from a Warner Bros. Discovery studio to promote an autonomous taxicab, the electric vehicle giant used an infringing image created by artificial intelligence, according to a lawsuit filed Monday in California federal court.
Expert Analysis
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The Fed. Circ. In August: Secret Sales And Public Disclosures
Two recent Federal Circuit rulings — Sanho v. Kaijet and Celanese International v. ITC — highlight that inventors should publicly and promptly disclose their inventions, as a secret sale will not suffice as a disclosure, and file their patent applications within a year of public disclosure, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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The State Law Landscape After Justices' Social Media Ruling
Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.
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Old Employment Law Principles Can Answer New AI Concerns
Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.
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Navigating New Enforcement Scrutiny Of 'AI Washing'
The U.S. Securities and Exchange Commission's recent lawsuit against Joonko Diversity, its first public AI-focused enforcement action against a private company, underscores the importance of applying the same internal legal and compliance rigor to AI-related claims as other market-facing statements, say attorneys at Fried Frank.
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Increased Scrutiny Raises Int'l Real Estate Transaction Risks
Recently proposed regulations expanding the Committee on Foreign Investment in the United States' oversight, a White House divestment order and state-level legislative efforts signal increasing scrutiny of real estate transactions that may trigger national security concerns, say Luciano Racco and Aleksis Fernández Caballero at Foley Hoag.
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Trending At The PTAB: Obviousness In Director Reviews
Three July decisions from the U.S. Patent and Trademark Office favoring petitioners indicate a willingness by the director to review substantive issues, such as obviousness, particularly in cases where the director believes the Patent Trial and Appeal Board provided incorrect or inadequate rationale to support its decisions, say attorneys at Finnegan.
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Navigating Cybersecurity Rule Changes For Gov't Contractors
Excerpt from Practical Guidance
As federal contractors evaluate the security of their IT systems, they should keep in mind numerous changes to the Federal Acquisition Regulations and the Defense Federal Acquisition Regulation Supplement recently promulgated to meet new cyber threats, says William Stowe at KBR.
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AI Art Ruling Shows Courts' Training Data Cases Approach
A California federal court’s recent ruling in Andersen v. Stability AI, where the judge refused to throw out artists’ copyright infringement claims against four companies that make or distribute software that creates images from text prompts, provides insight into how courts are handling artificial intelligence training data cases, say attorneys at Skadden.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Ch. 11 Ruling Shows Early Attempt To Tackle Purdue Fallout
A Delaware bankruptcy court’s recent ruling in Parlement Technologies’ Chapter 11 case, which denied a bid by Parler’s former owner to extend its bankruptcy stay to nondebtors, illustrates early efforts to grapple with the U.S. Supreme Court's decision in Purdue Pharma for a recurring bankruptcy issue, say Daniel Lowenthal and Jonah Wacholder at Patterson Belknap.
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Opinion
Agencies Should Reward Corporate Cyber Victim Cooperation
The increased regulatory scrutiny on corporate victims of cyberattacks — exemplified by the U.S. Securities and Exchange Commission's case against SolarWinds — should be replaced with a new model that provides adequate incentives for companies to come forward proactively and collaborate with law enforcement, say attorneys at McDermott.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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Series
A Day In The In-House Life: Narmi GC Talks Peak Productivity
On a work-from-home day in August, Narmi general counsel Amy Pardee chronicles a typical day in her life in which she organizes her time to tackle everything from advising on products and contract negotiations to volunteering and catching up on the New York Times crossword.
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Opinion
CFPB's AI Stance Backslides On Innovation Issues
The Consumer Financial Protection Bureau's recent response to a Treasury Department's request for information about artificial intelligence in the financial services sector uses alarmist rhetoric about the technology's risks, ceding an opportunity to help shape this important discussion, says Mike Silver at Husch Blackwell.
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How Cos. Can Leverage IP In Corporate Bankruptcy
In light of an increase in year-to-date Chapter 11 filings, businesses must understand the importance and value of intellectual property in corporate bankruptcy and restructuring, from contributing to enterprise value, to providing leverage in negotiations and facilitating recovery, says Gregory Campanella at Ocean Tomo.