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Technology
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October 20, 2025
IT Company Says Plaintiff In Contract Suit Threatened Worker
An information technology company defending against claims that it committed fraud while performing a contract for online retailer Wayfair LLC told a Texas federal court the plaintiff who brought the suit should be sanctioned for threatening an employee.
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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.
Expert Analysis
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Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions
The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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New Colo. Teen Privacy Rules Signal National Regulatory Shift
Recently released proposed rule amendments to the Colorado Privacy Act that would create some of the most robust protections for minors' online data in the U.S. reflect an ongoing trend of states taking steps to extend privacy protection for their residents, complicating the compliance burden for companies, say attorneys at Morgan Lewis.
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Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop
There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.
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A Look At New Calif. Cybersecurity, Risk Assessment Rules
The California Privacy Protection Agency Board recently finalized regulations related to automated decision-making technology, cybersecurity audits and risk assessments that establish additional requirements on businesses operating in California, and although these new rules are less onerous than some of the draft rules, compliance may still require substantial planning and updates, say attorneys at Morgan Lewis.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Adapting To USPTO's Tighter Inter Partes Review Rules
The U.S. Patent and Trademark Office's recent pivot regarding how it will address general knowledge in inter partes review petitions presents immediate strategic implications for petitioners, patent owners and litigants watching the contours of Patent Trial and Appeal Board practice, say attorneys at Winston & Strawn.
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Opinion
Sometimes Int'l Competition Should Trump Antitrust Concerns
The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.
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Assessing Federal Securities Class Action Stats In '25 So Far
The settlement amount as a percentage of damages in securities class actions has continued to decline in the first half of 2025, a trend that may be important for assessing exposure and risk in future securities litigation, say analysts at Analysis Group.
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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How Agentic AI Is Testing The Limits Of Patent Law
While a recent Swiss court ruling suggests that human-centric rules regarding inventorship will likely remain in place for the near future, it captures a core tension confronting patent systems worldwide as the technology producing patent-worthy ideas is becoming increasingly autonomous, says Matthew Carey at Marshall Gerstein.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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A Former PTAB Judge Weighs The End Of Remote Hearings
Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.