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Technology
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May 12, 2025
Budget Bill Would Let FCC Auction 600 MHz Of Spectrum
A sweeping budget bill teed up for a U.S. House of Representatives committee vote Tuesday would allow the Federal Communications Commission to auction at least 600 megahertz of spectrum rights for exclusive wireless company use.
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May 12, 2025
Full DC Circ. Won't Review Copyright Denial For AI-Created Art
The D.C. Circuit on Monday denied a computer scientist's request for a three-judge panel rehearing or en banc review of an order that found copyright law protects only human creations, nixing his appeal that attempted to obtain copyright for a two-dimensional artwork made by the computer scientist's artificial intelligence system.
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May 12, 2025
Crypto Analysis Biz Says Celsius Can't Shift Fraud Blame
Chainalysis Inc. is asking a New York federal judge to throw out a lawsuit brought against it by defunct cryptocurrency platform Celsius Network, saying Celsius is trying to deflect the blame for fraud perpetrated by the company and its executives.
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May 12, 2025
Wyo. Atty Asks To Scrap Widow's Suit Over Millions In Assets
A Wyoming attorney hired to protect the assets of a lawyer who later took his own life is seeking an early exit from his widow's lawsuit laying claim to the money her late husband left behind, telling North Carolina's business court he has no ties to the state, where the complaint was filed.
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May 12, 2025
Tenn. Family Sues Samsung Over Home Burned In Stove Fire
A Tennessee family alleges in a proposed class action that Samsung Electronics America Inc. failed to warn them of a dangerous defect that it had known about for years in its oven and stovetop that eventually caused a fire, destroying their home and killing their three dogs, just days before the family received a recall notice.
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
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May 12, 2025
Police Can't Axe Game Co. Subpoena In Eckert Seamans Fight
A Pennsylvania federal judge on Monday rejected the Pennsylvania State Police's bid to completely avoid a subpoena from a skill games company suing Eckert Seamans Cherin & Mellott LLC for an alleged conflict of interest, but noted that the department raised legitimate concerns about the subpoena's scope.
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May 12, 2025
AI Powers Next Wave Of Telehealth M&A After 2024 Uptick
Telemedicine-focused deal activity is poised for a transformative shift in 2025 as strategic buyers increasingly seek companies that embed artificial intelligence across their platforms, according to a new report from tech investment bank Drake Star.
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May 12, 2025
Attys Say Avvo Scraped Bar Data To Sell Marketing Services
A new class action filed Friday in Washington federal court accuses online legal service provider Avvo Inc. of misappropriating the identities of over 1 million attorneys to promote its legal marketing tools and referral services.
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May 12, 2025
AI Training May Need Licensing, Copyright Office Says
Using copyrighted material to train generative artificial intelligence systems may not always be excused by fair use, the U.S. Copyright Office said in a highly anticipated report addressing the issue, suggesting that licensing may be required in some instances.
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May 12, 2025
Mich. Gaming Board Dropped From Horse-Race Betting Suit
A Michigan federal judge, citing 11th Amendment immunity, dropped a local gaming authority from a lawsuit filed by the TwinSpires horse-racing betting platform claiming the state unlawfully tried to force the company to secure a license to operate there.
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May 12, 2025
Adams Street Clinches €270M European Venture Fund
Private markets investment manager Adams Street Partners LLC on Monday announced that it held the final closing for its latest European-focused venture fund after securing €270 million ($300 million) in capital commitments.
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May 12, 2025
SharkNinja Hit With Post-Recall Suit Over Pressure Cookers
SharkNinja knew about or failed to uncover a defect in a lid locking mechanism for more than 1 million pressure cookers, ultimately leading to a recall that was "grossly deficient" and left consumers with a "worthless" product, according to a proposed class action in Massachusetts federal court.
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May 11, 2025
Treasury Aims To Tax IP's Role In Cloud Services, Official Says
The U.S. Department of the Treasury and the Internal Revenue Service are aiming to capture the role of intangible property in cloud computing services within tax regulations to account for the growing importance of automation in the field, a Treasury attorney said.
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May 09, 2025
J&J Co.'s Catheter Policy Limited Choices, Doc Testifies
The chief of cardiovascular medicine at healthcare network HonorHealth took the stand Friday in Innovative Health's antitrust case against Johnson & Jonhson unit Biosense Webster, telling a California federal jury that Biosense's refusal to provide clinical support for hospitals that used third-party reprocessed catheters limited physician choice.
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May 09, 2025
FTC Says Amazon Hid Doc Calling Bezos 'Dark Arts Officer'
The Federal Trade Commission has urged a Seattle federal court to impose punitive sanctions on Amazon in the commission's lawsuit accusing the e-commerce giant of trapping consumers into Prime subscriptions, saying Amazon withheld tens of thousands of documents in bad faith by baselessly claiming the documents were privileged.
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May 09, 2025
IP Atty Referred To Disciplinary Panel For Paralegal's Error
A California federal magistrate judge referred beleaguered patent attorney William Ramey to a disciplinary committee for potential sanctions over his alleged "pattern" of filing pro hac vice requests with inaccuracies, even after a paralegal swore under oath that she misread the pro hac vice form and repeatedly made the mistake.
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May 09, 2025
Fed. Circ. Veers From USPTO Agenda In IPR Estoppel Ruling
The Federal Circuit has cleared patent challengers to pursue grounds in district court that weren't available in inter partes reviews, which attorneys say will likely increase the amount of Patent Trial and Appeal Board challenges at a time when the agency is working toward the opposite.
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May 09, 2025
Private Fundraising Takes Hit Amid Volatile Backdrop
Global private equity and venture capital funding plunged in April amid volatile equity markets, data released Friday shows, falling from a peak in March driven by one blockbuster artificial intelligence deal.
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May 09, 2025
Feds Put Heat On Foreign Data Transfers With Sweeping Rules
The U.S. Department of Justice's unexpected guidance and brief enforcement reprieve on a national data security program intended to curb foreign access to Americans' sensitive data has handed companies some welcome breathing room, but the strong interest that federal enforcers have shown in the topic means that businesses can't afford to delay compliance efforts.
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May 09, 2025
U. Of Minn., Telecom Giants Resolve Yearslong Patent Feud
After a trial was put on hold in March, three telecom giants told a federal judge on Friday that they have resolved the University of Minnesota's patent litigation against them over 4G LTE technology.
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May 09, 2025
Vanguard Shared Customer Data With Meta, Others, Suit Says
Investment management company the Vanguard Group has been hit with a class action by users of its electronic services, claiming that the company allowed customers' personal information to be intercepted by LinkedIn, Meta and Google to build profiles based on their web habits.
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May 09, 2025
Tech-Averse Souter Still Kept Up With The Times In IP Cases
U.S. Supreme Court Justice David Souter, who famously rejected facets of modernity like email and cellphones, nonetheless evinced a willingness to keep up with technology and culture in his writing on intellectual property matters, including important copyright cases on parody and peer-to-peer file sharing, attorneys said.
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May 09, 2025
Bipartisan Bill Would Make Tech Giants Help Pay For Networks
A bipartisan group of U.S. senators are renewing their push to get big tech companies and broadband service providers to pay into the government fund that supports network deployment.
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May 09, 2025
Motive Pushes Back At New-Trial Bid In Fleet Monitoring IP Fight
A fleet management company has hit back at arguments that it relied on making "improper religious and racial insinuations" to a jury to beat a rival's infringement claims, saying nothing that happened in the case warrants a new trial.
Expert Analysis
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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How Trump Orders Roll Back Energy Efficiency Mandates
President Donald Trump's first-day executive orders — including a freeze on administrative rules, an order to withdraw the U.S. from the Paris Agreement, and a directive to broaden consumers' appliance choices — have shifted federal policy on energy efficiency, and bring new considerations for companies engaging with the U.S. Department of Energy, say attorneys at HWG.
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What Financial Intermediaries Can Expect From New Admin
Understanding the current regulatory landscape of consumer financial services — and anticipating how it might evolve under Trump 2.0 — is essential for brokers, lead generators and digital platforms, and they should consider strategies for managing regulatory uncertainty, say attorneys at Sheppard Mullin.
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Expect Continued Antitrust Enforcement In Procurement
The scope of federal antitrust enforcement under the second Trump administration remains uncertain, but the Procurement Collusion Strike Force, which collaborates with federal and state agencies to enforce antitrust laws in the government procurement space, is likely to remain active — so contractors must stay vigilant, say attorneys at Ballard Spahr.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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What Banks Need To Know About Trump's Executive Orders
While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.
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CFPB's Message To States Takes On New Weight Under Trump
The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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DeepSeek AI Investigation Could Lead To IP Law Precedents
The investigation by OpenAI and Microsoft into DeepSeek's artificial intelligence model raises interesting legal concerns involving intellectual property and contract law, including potential trade secret appropriation and fair use questions, say Saishruti Mutneja and Raghav Gurbaxani.
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What NHTSA's Autonomous Vehicle Proposal Means For Cos.
The National Highway Traffic Safety Administration's recently proposed framework for review and oversight of vehicles equipped with automated driving systems offers companies a more flexible, streamlined approach to regulatory approvals for AVs, including new exemption pathways, assessments by independent experts and other innovations, say attorneys at Covington.
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Guidance For Cos. Balancing Web Scraping And Privacy
The European Data Protection Board's recent Opinion 28/2024, which clarifies how web scraping can be implemented under the General Data Protection Regulation while respecting data privacy, offers insights for companies navigating this intersection of AI innovation and privacy laws, says Jo Levy at the Norton Law Firm.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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How Cos. Can Use Data Clean Rooms To Address Privacy
Implementing comprehensive administrative controls, security processes and vendor management systems are vital steps for businesses leveraging data clean rooms for privacy compliance, especially given the Federal Trade Commission's warnings of complicated user privacy implications, say attorneys at Troutman.
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5 Key Takeaways From Energy Secretary's Confirmation
The recent confirmation hearing for U.S. Department of Energy Secretary Chris Wright highlighted several important themes, including his vision for transforming the DOE, his nuanced stance on renewables, and a renewed emphasis on energy abundance and affordability, says Connor McCulloch at Ankura Consulting Group.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.