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Technology
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May 28, 2025
Amazon Seeks To End FTC's Prime Subscription Case
Amazon and the Federal Trade Commission have both asked a Washington state federal court to hand them wins ahead of trial in the agency's case accusing the e-commerce giant of trapping consumers into Prime subscriptions.
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May 28, 2025
Telecom Groups Ask Trump To Push BEAD Program Ahead
A bevy of broadband industry groups are seeking help from the White House in nudging the U.S. Department of Commerce to hasten the distribution of federal funding for internet deployment projects in underserved areas of the country.
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May 28, 2025
DOJ Gets Some Discovery Seeking HPE-Juniper Witness Bias
A California federal magistrate judge granted the U.S. Department of Justice only limited discovery Tuesday as it looks for potential "bias" from an industry analyst Hewlett Packard Enterprise may call in defense of its planned $14 billion purchase of Juniper Networks Inc.
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May 28, 2025
2nd Circ. Backs Credit One Win In FCRA Investigation Suit
The Second Circuit on Wednesday declined to revive a New York woman's lawsuit against Credit One Bank for allegedly failing to investigate identity theft claims against her mother, with a panel agreeing with the lower court that no reasonable investigation required under federal law conducted by the bank would have yielded different results.
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May 28, 2025
Hill Dems Blast 'Indefensible' Delay In Multilingual Alert Regs
More than two dozen congressional Democrats called on the Federal Communications Commission to complete the rollout of a bipartisan rule meant to provide wireless emergency alerts in multiple languages, claiming untenable delays in the process.
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May 28, 2025
ID Verification Platform Fights Bid To DQ MoFo In IP Dispute
Identity verification platform Jumio urged a California federal court to reject a bid to disqualify Morrison & Foerster LLP as its counsel in patent litigation over facial recognition technology, saying the law firm had not been co-counsel with its previously disqualified firm, Perkins Coie LLP.
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May 28, 2025
Freshfields Gains New Tech M&A Leadership From Debevoise
Freshfields LLP announced Wednesday that it has hired a former Debevoise & Plimpton LLP attorney in San Francisco to co-lead its U.S. tech & life sciences mergers and acquisitions practice.
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May 28, 2025
Nielsen Rival Wants To Ditch Viewing Data Patent Case
A rival of Nielsen Co. LLC has asked a Delaware federal judge to toss a suit by Nielsen that claims infringement of a patent covering a way to measure audience viewership outside the home through mobile phone data, arguing that the subject matter is patent-ineligible.
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May 28, 2025
Redgrave Hires E-Discovery Co.'s Microsoft 365 Tech Pro
E-discovery and information law firm Redgrave LLP has hired one of the minds behind the creation of e-discovery company Lighthouse's Microsoft compliance and security compliance team, touting what the firm calls his "niche practice built to address the impact of cloud computing on eDiscovery and information governance."
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May 28, 2025
Skadden Lands Kirkland Trial Ace In Chicago
Skadden Arps Slate Meagher & Flom LLP is expanding its litigation team, announcing Wednesday it is bringing in a Kirkland & Ellis LLP trial lawyer as a partner in its Chicago office.
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May 28, 2025
IT Contractor Says Retainer Deposit Lets Ch. 11 Stay In NY
Government information technology contractor Sysorex Government Services on Wednesday argued to a New York bankruptcy judge that the retainer on deposit for its bankruptcy counsel is sufficient to establish the Southern District of New York as the venue for its Chapter 11 case.
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May 28, 2025
NRA President's Attys Want Out Of Election-Inspection Case
The lawyers representing the recently elected president of the National Rifle Association in a contract dispute stemming from investigations of the 2020 election are asking a Michigan federal court to excuse them from the case, after their client allegedly heard from his codefendant and stopped talking to them.
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May 27, 2025
Anthropic Declaration Partly Stricken Over AI Hallucination
A California federal magistrate judge has partially stricken an expert report filed by Anthropic in copyright infringement litigation that cited a nonexistent study — an error created by the artificial intelligence company's own Claude AI tool — calling the issue "serious," but "not quite so grave as it first appeared."
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May 27, 2025
Retailer To Face Privacy Suit Instead Of Arbitration Claims
More than 2,400 Janie & Jack website visitors pursuing arbitration claims over the children clothing retailer's allegedly unlawful online tracking practices have agreed to drop these individual grievances and instead lodge a single proposed class action to press their allegations, according to a notice filed in California federal court.
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May 27, 2025
Fortress' Power On VLSI Board Takes Spotlight At Trial's Start
Fortress Investment Group's head of intellectual property told a Texas federal jury Tuesday that his company's overlap with investment funds that run VLSI Technology and Finjan Holdings highlights its dedication to overseeing investors' best interests, not that Fortress controls the funds.
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May 27, 2025
CardiacSense Gives Patent Suit Against Garmin Another Go
Wearable tech company CardiacSense Ltd. dove deeper into a fitness tracker patent it accuses Garmin International Inc. of infringing after a Michigan federal judge last month dismissed its lawsuit but allowed for an amended complaint given the suit's "technical issues."
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May 27, 2025
Kirkland Helps Steer WiseTech's $2.1B Acquisition Of E2open
Kirkland & Ellis LLP advised cloud-based software platform E2open Parent Holdings Inc. in its $2.1 billion merger with logistics software provider WiseTech Global Ltd., according to an announcement made Tuesday.
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May 27, 2025
AMS Nets $52M As 17-Year-Old Trade Secrets Case Wraps
Light sensor maker AMS has been granted a $51.7 million judgment against a rival in Texas federal court, ending a 17-year-old trade secrets case that has gone through multiple appeals and two trials.
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May 27, 2025
11th Circ. Won't Revisit FCC Ownership Ruling
The Eleventh Circuit won't take a second whack at its order upholding a Federal Communications Commission finding that Gray Television had broken agency ownership consolidation rules by owning one too many stations in Anchorage, Alaska.
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May 27, 2025
Atty Avoids Sanctions After Adding AI Hallucinations To Brief
A California attorney who represented a software company in a trade secret dispute will not be sanctioned for filing a brief that included two ChatGPT-hallucinated case citations under circumstances so unusual they "couldn't have been made up," an Illinois federal judge said Tuesday.
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May 27, 2025
CFTC Member Speaks On Agency Exits: 'Not A Great Situation'
Departing U.S. Commodity Futures Trading Commission member Christy Goldsmith Romero said Tuesday that a possible leadership void at the agency could do a "great disservice to regulation" at a time when Congress is thinking of handing the agency the keys to the cryptocurrency industry.
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May 27, 2025
Tort Report: 'High-Low' Deal Nets Plaintiff Extra $10M
A last-minute "high-low" agreement that turned out to be a stroke of genius by lawyers for an injured motorcyclist and a $26 million verdict for a crash caused by a postal worker lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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May 27, 2025
Bankrupt 23andMe To Delist Stock After Regeneron Deal
Bankrupt genetic testing provider 23andMe Inc. said Tuesday it will delist its stock from the Nasdaq exchange, following Regeneron Pharmaceuticals Inc.'s agreement last week to buy the defunct company.
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May 27, 2025
Judge Follows The Users And The Money In Meta's FTC Case
A D.C. federal judge on Tuesday looked for the right metrics to measure the effect that Meta Platforms Inc. has had on Instagram and WhatsApp in terms of users, growth and money spent buying the apps in deals the Federal Trade Commission says were designed to buy or bury the competition.
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May 27, 2025
FCC Mulls Adding Connected Vehicle Tech To Covered List
The Federal Communications Commission is thinking about adding more technologies to the list of those whose components are banned if they come from China or Russia, but it wants to hear what the industry thinks first.
Expert Analysis
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Signed, Sealed, Deleted: A Look At The California Delete Act
The California Delete Act, proposed Delete Request and Opt-Out Platform regulations, and California Privacy Protection Agency enforcement raise a number of compliance considerations — even for data brokers that have existing deletion processes in place, say attorneys at Hunton.
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DOJ Export Declination Highlights Self-Reporting Benefits
The U.S. Department of Justice's recent decision not to prosecute a NASA contractor, despite a former employee pleading guilty to facilitating unlicensed exports, underscores the advantages available to companies that self-report sanctions violations, cooperate with investigations and implement timely remediation, say attorneys at Cleary.
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Review Risk Is Increasing For Foreign Real Estate Developers
Federal and state government efforts have been expanding oversight of foreign investment in U.S. real estate, necessitating careful assessment of risk and of the benefits of notifying the Committee on Foreign Investment in the United States, say attorneys at Troutman.
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A Cautionary Fed. Circ. Tale On Design Patents
The Federal Circuit's decision last month in Floyd highlights a risk in design patent prosecution — attempting to claim priority to a utility application, says John Hemmer at Morgan Lewis.
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Trucking Litigation Will Shift Gears In The Autonomous Era
As driverless trucks begin to roll out across Texas, a shift in how trucking accidents will be litigated is swiftly coming into view, with the current driver-centered approach likely to be supplanted by a focus on the design, manufacture and performance of autonomous systems, says Geoffrey Leskie at Segal McCambridge.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Collective Cert. In Age Bias Suit Shows AI Hiring Tool Scrutiny
Following a California federal court's ruling in Mobley v. Workday, which appears to be the first in the country to preliminarily certify a collective action based on alleged age discrimination from artificial intelligence tools used for hiring, employers should move quickly to audit these technologies, say attorneys at Davis Wright.
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Google Case Amicus Briefs Reveal Patent Damage Fault Lines
The 21 amicus briefs filed before the en banc rehearing of EcoFactor v. Google offer opposing viewpoints on important patent damages issues that extend beyond the specific question the Federal Circuit eventually ruled on, helping practitioners anticipate and address likely objections to future damages opinions, say attorneys at Stout.
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Fledgling Crypto ATM Regs May Be Due For A Growth Spurt
As cryptocurrency ATM use and availability become more prevalent within the U.S. financial services ecosystem, states — only a few of which currently have a crypto ATM framework — may need to consider expanding legislation and regulation to accelerate consumer fraud protection practices, says Jason Noto at Polsinelli.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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Using Federal Forum Provisions To Nix State Securities Cases
A California appeals court's recent decision in Bullock v. Rivian clarifies that underwriters may enforce federal forum provisions to escape state court Securities Act claims, marking progress in restoring such lawsuits to federal court and reducing the litigation costs arising from duplicative state court litigation, say attorneys at Paul Weiss.
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International Ramifications Of Canada's Health AI Moves
Recent artificial intelligence developments in Canada's health industry are creating ripple effects for global investors, cross-border innovators and legal practitioners, and may create opportunities for U.S. companies rethinking their international strategies, says Atoussa Mahmoudpour at AMR Law.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Opinion
Why It's Time To Retire The Efficient Market Hypothesis
As agentic artificial intelligence systems increasingly affect financial markets, the efficient market hypothesis no longer offers a viable foundation for legal and regulatory engagement, and a new theoretical foundation is needed, say Zachary Brenner, a student at California Western School of Law, and attorney Gary Brenner.
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Avoiding The Risk Of Continued AI-Washing Enforcement
A recent action brought by the U.S. Securities and Exchange Commission and Department of Justice, alleging a software developer defrauded investors by lying about his app’s artificial intelligence capabilities, suggests this administration will continue to target AI washing, so companies should adopt practices to mitigate enforcement risk, say attorneys at Debevoise.