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April 17, 2024
Clarify DMCA Carveout For AI Research, DOJ Says
The U.S. Department of Justice is showing some support for a proposal that could allow researchers looking into biases in artificial intelligence programming to bypass laws that limit access to copyright-protected AI models.
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April 17, 2024
First-Of-Its-Kind Brain Data Privacy Bill Passes In Colo.
Colorado Gov. Jared Polis on Wednesday signed a bipartisan bill to protect the privacy of individuals' brain activity, marking the first time in the United States that a law expands the definition of "sensitive data" to include biological and neural data.
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April 17, 2024
Liberty Mutual's Spyware Suit Halted Pending 3rd Circ. Appeal
A proposed class action accusing Liberty Mutual of using software to track customers' actions on its website without consent was put on hold Wednesday by a Pennsylvania federal judge pending guidance from the Third Circuit in a similar case.
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April 17, 2024
Geolocation Co. Seeks FCC Revamp Of Lower 900 MHz
Tech developer NextNav has asked the Federal Communications Commission to reconfigure the lower 900 megahertz spectrum band to allow for geolocation services that can back up the Global Positioning System.
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April 17, 2024
Coding Bootcamp Fined $164K For Misleading Student Loans
A company that runs coding "bootcamps" has been permanently banned from consumer lending after U.S. regulators found it inflated its job placement rates to students and lied to them about a tuition financing program that turned out to be risky loans.
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April 17, 2024
SEC Has Careful Eye On Disclosures Amid Israel-Hamas War
Against the backdrop of protracted war, the U.S. securities watchdog is urging U.S.-listed Israeli companies to disclose more details describing how the Israel-Hamas conflict is affecting their operations in order to keep investors apprised of risks, lawyers say.
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April 17, 2024
Texas Jury Hits Samsung With $142M Loss In IP Retrial
A Texas federal jury on Wednesday said Samsung owes G+ Communications LLC $142 million for infringing two 5G wireless network patents, a huge win on retrial for G+, which was originally awarded less than half of that.
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April 17, 2024
ISP Frontier Inks $20M Internet Upgrade Deal For NC
Frontier is going to spend $20 million improving its internet speeds in North Carolina as part of a settlement with the state's Department of Justice after hundreds of customers complained that the internet service provider was advertising one speed while actually providing another.
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April 17, 2024
Swedish Tax Investigations Add $90M To Crypto Miners' Bills
Investigations revealed that a number of cryptocurrency mining centers in Sweden misrepresented their business dealings, which led to the Swedish Tax Agency doling out a total of 990 million Swedish krona ($90 million) in increased tax liabilities, the agency said Wednesday.
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April 17, 2024
Sirius XM Faces Patent Row Over Vehicle Kit Product
A Texas company that owns a patent on a high-bandwidth content distribution structure has filed a lawsuit in the Lone Star State accusing Sirius XM Holdings Inc. of infringing its intellectual property.
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April 17, 2024
Bankman-Fried Appeal May Cite Unusual Preview Testimony
Sam Bankman-Fried's appeal of his conviction and 25-year prison sentence may cite a "rather unprecedented" trial procedure in which the FTX founder gave provisional testimony before officially taking the witness stand last year, one of his attorneys said Wednesday.
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April 17, 2024
IBM Privacy Head Says AI Needs Transparency To Be Trusted
To combat artificial intelligence-generated deepfakes, disinformation and bias requires transparent, open-sourced AI models and swift regulations that protect elections, creators and the public, says IBM's Chief Privacy & Trust Officer Christina Montgomery.
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April 17, 2024
TPG Plugs $235M Into Supply Chain Risk Intelligence Platform
Counterparty and supply chain risk intelligence platform Sayari, advised by Manatt Phelps & Phillips LLP, on Wednesday revealed that it closed on an upsized $235 million strategic majority investment from Kirkland & Ellis LLP-advised private equity shop TPG, which will provide the company with additional capital to support continued growth.
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April 17, 2024
Court Trims Atty Fee Bid For Xerox Workers' $4.1M ERISA Deal
After a $4.1 million Connecticut ERISA settlement, a federal court has awarded more than $1 million in fees to attorneys who represented a class of nearly 40,000 Xerox workers, determining a one-quarter fee amount was more appropriate than the requested one-third cut.
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April 16, 2024
House Panel Takes Aim At Change Healthcare, FTC Over Hack
A House subcommittee exploring ways to boost cybersecurity in the healthcare industry on Tuesday blasted Change Healthcare for failing to take appropriate steps to block a damaging cyberattack that echoed another recent strike on critical infrastructure and the Federal Trade Commission for not stopping the provider from controlling such a large market share.
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April 16, 2024
Autonomy CEO Pressured JPMorgan Over Analyst, Jury Told
An ex-JPMorgan stock analyst testifying Tuesday in the criminal fraud trial of former Autonomy CEO Michael Lynch told jurors that the software company founder responded with hostility when his research reports questioned its growth, and that Lynch offered JPMorgan millions in business if he were taken off the Autonomy beat.
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April 16, 2024
7th Circ. Finally Freezes Hytera's $1M-Per-Day Sanctions
The Seventh Circuit on Tuesday halted the daily $1 million fine and sales ban ordered against Hytera Communications for participating in Chinese litigation against a district judge's orders, after previously refusing to save the company from its "self inflicted wounds."
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April 16, 2024
Cooperation Helped Cable Co. Avoid Prosecution, Feds Say
The U.S. Department of Justice's fraud section has indicated it won't prosecute Proterial Cable America for allegedly fraudulently misrepresenting the safety standards compliance of its motorcycle brake hose assemblies because of the company's timely self-disclosure, cooperation and remediation, among other things.
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April 16, 2024
Corp. Transparency Act A Valid Use Of Powers, 11th Circ. Told
The U.S. Department of Treasury told the Eleventh Circuit that a federal district court erred in finding the Corporate Transparency Act unconstitutional, saying the lower court misunderstood the law's scope and relation to efforts to curb financial crime.
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April 16, 2024
Israeli Ad Tech Co. Overhyped Microsoft Ties, Investor Claims
Ad tech company Perion Network and some of its current and former executives face a proposed class action alleging its investors were damaged after its strategic partner Microsoft Bing "unilaterally" changed its search advertising pricing.
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April 16, 2024
'Wide As The Ocean': Apple Judge Pans Investor Deal Release
A California federal judge declined Monday to preliminarily approve Apple's nonmonetary settlement in a derivative-shareholder suit over claims it secretly slowed iPhones, criticizing the deal's release of claims that "relate" to the case as overbroad and noting that, "in practice, lawyers argue that 'relate' is as wide as the ocean."
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April 16, 2024
Justices Asked To Review Texas' Online Porn Age Check Law
Texas' law requiring all visitors to adult-oriented websites to prove their age before accessing the content is unconstitutional under the First Amendment, a trade group for the pornography industry told the U.S. Supreme Court, seeking to overturn a split Fifth Circuit decision that allowed the age-verification requirement to go into effect.
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April 16, 2024
Supreme Court Asked To Look At 'Original Patents'
A Texas patent outfit is back at the U.S. Supreme Court with an appeal over a loss in the lower courts, this time over a reading of legal precedent involving patent law's rarely invoked "original patent" requirements.
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April 16, 2024
9th Circ. Upholds Tossing Skillz Gaming Tech Investor Suit
The Ninth Circuit on Tuesday upheld a decision to toss a proposed class action claiming that mobile gaming company Skillz Inc. misled investors about its technology prior to a 2021 merger with a special purpose acquisition company, ruling that issues with the gaming software do not make the company' statements false or misleading.
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April 16, 2024
Fed. Circ. Is Told To Undo Transfer Of Apple Patent Case
A Texas federal judge has shipped to California a suit accusing Apple of patent infringement, prompting patent-owning technology company Haptic Inc. to appeal the decision to the Federal Circuit.
Expert Analysis
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Amazon's €32M Data Protection Fine Acts As Employer Caveat
The recent decision by French data privacy regulator CNIL to fine Amazon for excessive surveillance of its workers opens up a raft of potential employment law, data protection and breach of contract issues, and offers a clear warning that companies need coherent justification for monitoring employees, say Robert Smedley and William Richmond-Coggan at Freeths.
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Assessing Merger Guideline Feedback With Machine Learning
Large language modeling appears to show that public sentiment matches agency intent around the new merger control guidelines from the Federal Trade Commission and U.S. Justice Department, says Andrew Sfekas at Cornerstone Research.
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Series
ESG Around The World: Brazil
Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.
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The FINRA Reports That May Foreshadow New AI Rules
By reading the Financial Industry Regulatory Authority’s 2024 annual report detailing the regulatory implications of artificial intelligence tools alongside a similar 2020 FINRA publication, member firms may be able to anticipate which industry areas may soon face AI-specific regulations, say attorneys at Mintz.
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Opinion
Gilead Ruling Signals That Innovating Can Lead To Liability
A California appeals court's ruling last month in Gilead Life Sciences v. Superior Court of San Francisco that a drug manufacturer can be held liable for delaying the introduction of an improved version of its medication raises concerns about the chilling effects that expansive product liability claims may have on innovation, says Gary Myers at the University of Missouri School of Law.
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Opinion
Vidal Should Amend USPTO Precedent In Automaker Review
U.S. Patent and Trademark Office Director Kathi Vidal's recent decision to review Ford and Honda patent challenges that were rejected by the Patent Trial and Appeal Board provides an opportunity to revisit precedents that have unfairly denied companies a fair review process and align them with commonsense principles of legal equity, says former Sen. Patrick Leahy.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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What Financial Cos. Must Know For Handling T+1 Settlements
The U.S. Securities and Exchange Commission has adopted a groundbreaking new T+1 settlement rule for securities transactions in order to improve market efficiency — but it presents significant challenges for the financial services industry, especially private equity firms, hedge funds and institutional asset managers, says Adam Weiss at Petra Funds Group.
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Considering A Practical FRAND Rate Assessment Procedure
As the debate over a fair, reasonable and nondiscriminatory rate continues inside and outside courtrooms, a practical method may assess whether the proposed FRAND rate deviates significantly from what is reasonable, and ensure an optimal mix of assets for managers of standard-essential patent portfolios, says consultant Gordon Huang.
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Legal Issues Loom For Driverless Trucking
Companies' recent experiments with driverless trucking technology herald a transformation of the logistics sector — but stakeholders must reckon with increasing regulatory scrutiny, emerging liability issues, and concerns around ethical guidelines, insurance and standardization, say Zal Phiroz at Pier Consulting Group and Nicolas Bezada at Unishippers.
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How AI Inventorship Is Evolving In The UK, EU And US
While the U.K. Supreme Court's recent decision in Thaler v. Comptroller-General is the latest in a series of decisions by U.K., U.S. and EU authorities that artificial intelligence systems cannot be named as inventors in patents, the guidance from these jurisdictions suggests that patents may be granted to human inventors that use AI as a sophisticated tool, say lawyers at Mayer Brown.
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The Double-Edged Sword Of Biometrics In Financial Services
Financial institutions are increasingly turning to biometrics for identity verification and fraud prevention, and while there are many benefits to such features, banks must remain vigilant against growing AI technologies that could make users' information vulnerable to biometrics hackers, say Elizabeth Roper at Baker McKenzie and Chris Allgrove at Ingenium Biometric Laboratories.
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A Close Look At The FCC's Revised SIM Card Fraud Rules
Carolyn Mahoney and John Seiver at Davis Wright break down recently proposed revisions to the Federal Communications Commission's customer proprietary network information and local number portability rules for wireless providers, discuss the revisions' implications on artificial intelligence regulation, and provide tips to prevent SIM swap and port-out fraud.
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What Retailers Should Note In Calif. Web Tracking Suits
As retailers face a deluge of class actions alleging the use of conventional web analytic tools violate wiretapping and eavesdropping provisions of the California Invasion of Privacy Act, uncovering the path toward a narrow interpretation of the law will largely depend on how these cases proceed, say Matthew Pearson and Kareem Salem at BakerHostetler.