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Technology
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April 18, 2024
Samsung Gets PTAB To Sink Netlist Patent Claim
The Patent Trial and Appeal Board has sided with Samsung's arguments that a claim in a patent owned by chipmaker Netlist wasn't valid, after the board already found that an earlier decade-old suit against Google didn't block Samsung's petition.
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April 18, 2024
Google Judge Notes Broad Reach Of Texas Ad Tech Claims
A Texas federal judge pressed Google during oral arguments Thursday to explain why a coalition of state attorneys general can't sue over its dominance in advertising placement auction technology when they're representing not just companies suing separately, but consumers as well.
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April 18, 2024
DOJ Tries To Quell Lawmakers' Concerns On FISA Bill
The U.S. Department of Justice is looking to allay privacy concerns on Capitol Hill raised over the proposed reauthorization of the Foreign Intelligence Surveillance Act, telling Sen. Mark Warner, D-Va., and others in recent letters that domestic churches and media companies can't be targeted under a controversial amendment.
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April 18, 2024
School, Library Supporters Call FCC Wi-Fi Plan Cost Effective
A trio of school and library groups defended a Federal Communications Commission plan to fund Wi-Fi hot spots in education, saying the conservative Heritage Foundation mischaracterized the initiative as wasteful.
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April 18, 2024
AT&T, Pittsburgh Settle Dispute Over Cell Site Fees, Delays
The city of Pittsburgh has created a new fee schedule for small wireless communications facilities, which AT&T agreed will resolve the telecom firm's claims that the city effectively prevented its service expansion with its prior fee schedule, according to a joint stipulation filed in Pennsylvania federal court.
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April 18, 2024
AGs, Google Defend $700M Play Store Deal Ripped By Judge
A group of state attorneys general and Google defended the proposed $700 million settlement both sides brokered in the states' antitrust suit against the company in December, telling a San Francisco federal judge that the deal is consistent with Ninth Circuit precedent and releases only a limited set of claims against Google for a seven-year period.
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April 18, 2024
Software Co. Demoted Worker For Getting Pregnant, Suit Says
A former sales director has claimed the software company she worked for ran afoul of federal and state laws when it gave away her job while she was on maternity leave and put her in a more junior role when she returned, according to lawsuit filed in Connecticut federal court.
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April 18, 2024
Cybersecurity Startup Loses 2 Patents At PTAB
A small cybersecurity startup litigating in Virginia federal court against larger tech companies has failed to persuade the Patent Trial and Appeal Board not to invalidate the entirety of two patents covering ways of combating "evolving" online threats, among other things.
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April 18, 2024
Sale Offer Should Doom Jetaire IP Suit, Judge Says
A Florida federal magistrate judge has said aviation company AerSale should get a win on arguments that not only did it not infringe a trio of Jetaire patents, but also that the patents are invalid.
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April 18, 2024
FCC Probing Causes Of 911 Outage Across Four States
The Federal Communications Commission said Thursday it will investigate what caused widespread 911 outages in Nevada, Texas, South Dakota and Nebraska.
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April 18, 2024
GAO Rejects Another Protest Over $1B Medicare IT Deal
The U.S. Government Accountability Office has rejected another protest over an up to $1 billion Centers for Medicare and Medicaid Services information technology deal, saying the agency fairly assessed Spatial Front Inc.'s proposal and didn't treat the company unequally.
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April 18, 2024
3rd Circ. Unclear If 'Session Replay' Web Code Directed At Pa.
A Third Circuit panel seemed torn Thursday over whether websites like those of Papa John's or Mattress Firm "directed conduct" at Pennsylvania when they ran "session replay" software to track users' visits and whether that gave courts in the Keystone State jurisdiction over users' claims that such tracking violated laws against wiretapping.
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April 18, 2024
23andMe Taps Dechert To Review CEO Buyout Proposal
A special committee of genetic testing company 23andMe has engaged Dechert LLP as its legal adviser and Wells Fargo as its financial adviser as it looks to review an anticipated buyout offer from its co-founder and CEO Anne Wojcicki, according to a statement Thursday.
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April 18, 2024
NY Appeals Court Revives AI Firm CLO's Claim For Pay
In a significant ruling for executives and professionals, a New York state appeals court has reversed the dismissal of key claims in a former chief legal officer's lawsuit alleging he wasn't paid all wages owed after his employment ended at artificial intelligence company Amelia US LLC.
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April 18, 2024
Biotech Co. NanoString Lands $393M Bid At Ch. 11 Auction
Scientific instrument maker Bruker Corp. is set to acquire insolvent biotechnology company NanoString for roughly $393 million in cash that would be used to repay creditors under the debtor's recently proposed Chapter 11 plan, a notice filed in Delaware's bankruptcy court shows.
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April 18, 2024
Amazon Strikes Deal, Staves Off Trial In Disability Bias Suit
Amazon reached a deal to end a suit from an ex-employee who accused the e-commerce giant of pushing him out because of a knee injury stemming from his military service, ahead of a trial slated to begin in May, according to a filing in California federal court.
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April 18, 2024
Former NetApp, Xerox Lawyer Joins McGuireWoods In NY
McGuireWoods LLP has hired the former in-house counsel of two Fortune 500 tech companies as a corporate technology and outsourcing team partner in New York, the firm said Thursday.
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April 18, 2024
3 Firms Advise French Software Firm Planisware's $257M IPO
French software company Planisware on Thursday launched its initial public offering on the Euronext Paris exchange with plans to raise around €241 million ($256.9 million), giving the company a valuation of €1.1 billion.
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April 18, 2024
Deals Rumor Mill: Tapestry-Capri, StubHub IPO, Salesforce
The FTC is preparing to sue to block Tapestry's $8.5 billion takeover of designer brands' owner Capri, StubHub is eyeing a summer IPO at an estimated $16.5 billion valuation, and Salesforce is making a play to acquire data-management software firm Informatica. Here, Law360 breaks down these and other notable deal rumors from the past week.
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April 18, 2024
AGBA, Triller Combine To Form $4B Digital Content Co.
Asia-based financial services company AGBA Group Holding and artificial intelligence-driven social video platform Triller Corp. on Thursday announced plans to merge in a deal that would create a combined entity valued at roughly $4 billion on a pro forma basis and will establish "new benchmarks" at the intersection of technology, finance and media.
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April 18, 2024
Transfer Pricing And Dancing: Recalling KPMG's Sean Foley
Sean Foley, who died suddenly in September, was a devoted husband, father, brother and friend and a brilliant colleague. He was one of the world's top experts in an area of international tax known as transfer pricing, where he became the global leader of KPMG's practice.
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April 17, 2024
House Sends Bill To Close Data Warrant 'Loophole' To Senate
The U.S. House of Representatives on Wednesday narrowly advanced bipartisan legislation that would ban federal law enforcement and intelligence agencies from purchasing from data brokers personal information about Americans that they would otherwise need a warrant to obtain, despite the White House voicing opposition to the measure.
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April 17, 2024
No Sanctions For Wordy Footnotes In Google Maps Case
A California federal judge will not sanction attorneys representing Google Maps customers in an antitrust action for their "numerous and excessively long footnotes" after the lawyers on Wednesday explained it wasn't a tactic for avoiding page limits and promised not to do it again.
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April 17, 2024
Ex-JPMorgan Analyst Liked 'Winding Up' Autonomy CEO, Jury Told
A former JPMorgan stock analyst testifying Wednesday in the criminal fraud trial of former Autonomy CEO Michael Lynch said that he "took pleasure in winding up Lynch" and once even used a Hitler analogy to describe his performance, but said his critical coverage was never personal.
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April 17, 2024
New TikTok Bill Gives More Time For Divestment
A bill requiring ByteDance Ltd. to divest TikTok or face a ban in the U.S. was included in the package of national security bills House Republicans introduced on Wednesday, which gives a longer runway to sell the app than the one the House previously passed in March.
Expert Analysis
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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5 Lessons For SaaS Companies After Blackbaud Data Breach
Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.
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Google Patent Case Is A Claim Construction Litigation Lesson
The Federal Circuit's recent precedential decision in Google v. EcoFactor, which held that the Patent Trial and Appeal Board erred in the claim construction it had unknowingly adopted, shows that litigators should be alert to claim construction issues that masquerade as something else, says Roy Wepner at Kaplan Breyer.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Understanding SEC's Focus Amid Lack Of Final AI Rules
Although the U.S. Securities and Exchange Commission's proposed rules to govern artificial intelligence are likely far from being finalized, understanding existing regulatory provisions that could address AI risks with respect to development, disclosure, compliance and data protection could help firms anticipate and avoid pitfalls, say attorneys at Skadden.
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What's On The Horizon In Attorney General Enforcement
A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.
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Preparing For DOJ's Data Analytics Push In FCPA Cases
After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.
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Open Questions After Elastos Crypto Class Action Settlement
The recent settlement in Owen v. Elastos Foundation resolving a class action fight over whether Elastos was required to register an initial coin offering with U.S. regulators has raised several questions that may be of interest to lawyers litigating cryptocurrency-related cases, including whether a crypto token constitutes a security under U.S. law, says Bradley Simon at Schlam Stone.
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USCIS Fee Increases May Have Unintended Consequences
U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.
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Del. Segway Dismissal Suggests Execs Not Liable For Biz Risk
While the debate continues within the Delaware Chancery Court over whether Caremark liability applies to matters of pure business risk, the court's recent rejection of Segway’s suit against the ex-president who oversaw financial difficulties suggests the court is uninterested in undermining the deference the business judgment rule grants corporate fiduciaries, say attorneys at Dechert.
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Navigating The FCC's Rules On AI-Generated Robocall Voices
The Federal Communications Commission's declaratory ruling issued last week extends the agency's regulatory reach under the Telephone Consumer Protection Act to calls that use artificial intelligence technology to generate voices, laying out a compliance roadmap, but not making AI-cloned voices in robocalls illegal per se, say attorneys at Wiley Rein.
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Generative AI Raises IP, Data Protection And Contracts Issues
As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.
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Exporters Should Approach Self-Disclosure With Caution
A January Bureau of Industry and Security memorandum created an abbreviated process for disclosing export control violations that lack aggravating factors, but deciding which disclosure method to utilize remains a complex strategic undertaking to which companies must give careful consideration, say attorneys at Covington.
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Is Compulsory Copyright Licensing Needed For AI Tech?
The U.S. Copyright Office's inquiry into whether Congress should establish a compulsory licensing regime for artificial intelligence technologies that are trained on copyrighted works has received relatively little attention — but commenters recently opposed the regime under three key themes, say Michael Kientzle and Ryan White at Arnold & Porter.