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Technology
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June 14, 2024
Industry Groups End 2nd Circ. Case Over NY Broadband Law
Six trade groups said Friday they will end a Second Circuit challenge to a New York law that requires internet service providers to offer low-cost broadband service plans.
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June 14, 2024
DC Circ. Says 'Piggybacking' Can't Save IBM Bias Claims
International Business Machines Corp. does not have to face claims in arbitration from two workers who said they were fired because of their age, the D.C. Circuit said Friday, finding they couldn't use a "piggybacking" rule to reinstate their untimely claims.
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June 14, 2024
Ga. Woman Wants 'Illegal' Online Gambling Suit In State Court
A Georgia woman wants her suit accusing an online operator of hosting illegal gambling on sites disguised as game arcades sent back to state court, arguing she cannot verify without discovery whether the case meets the $5 million, 100-member class threshold required for federal cases.
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June 14, 2024
T-Mobile Sues NJ Town Over Plan For School Cell Tower
T-Mobile has been paying on a lease for a proposed cell tower site for nearly 14 years, but it cannot build the tower because the New Jersey town the land sits in won't approve the necessary applications, the mobile behemoth says in a new lawsuit.
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June 14, 2024
Zillow Settles Antitrust Case Against ShowingTime Rival
Zillow has reached a settlement ending its case in Arizona federal court accusing a pair of multiple listing services of blocking members from using its ShowingTime tool in order to protect a rival tool that allows real estate agents and others to manage property showings.
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June 14, 2024
Brazil Telecom Tower Investor Sues For Delaware Litigation
A Mexican investor with a small equity position in a Delaware limited partnership that builds and operates telecommunications towers in Brazil sued the partnership in Delaware's Court of Chancery Friday for injunctive relief, seeking to ensure that any litigation with the partnership or its affiliates takes place in the First State and not Brazil.
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June 14, 2024
X Dodges Porn Filter BIPA Suit For Now
An Illinois federal judge has thrown out a proposed class action accusing X Corp. of violating the state's biometric privacy law through its use of software to police pornographic images, saying the lead plaintiff failed to allege that the tool can be used to identify specific individuals.
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June 14, 2024
Feds Lob New Charges Over $430M Dark Web Market
Two owners of an online marketplace known as Empire Market were hit Thursday with additional charges alleging that over a period of years they allowed users worldwide to buy and sell $430 million worth of illegal goods and services.
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June 14, 2024
Study Bulk ISP Billing, But Don't Pass Rules Yet, FCC Urged
A cable industry group is trying to dissuade the Federal Communications Commission from crafting new rules to clamp down on bulk billing practices for broadband services in apartment buildings.
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June 14, 2024
Autodesk Legal Chief Sees Compensation Package Near $4M
Autodesk paid its chief legal officer close to $4 million during the recent fiscal year, most of which was stock awards, according to a Friday filing with the U.S. Securities and Exchange Commission.
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June 14, 2024
Calif. Software Co. Hits UnitedLex With Copyright Suit
California-based technology company Scalr Inc. has filed a copyright infringement lawsuit against data and professional services company UnitedLex in federal court , accusing the Kansas-based company of continuing to use its infrastructure software after its contract expired on Dec. 31.
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June 14, 2024
Biotech Clinches Latest Funding Round With $55M In Tow
Biotechnology company Enveda Biosciences on Friday announced that it has closed its most-recent financing round after raising $55 million from investors, bringing the Boulder, Colorado-based company's total capital fundraising to $230 million.
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June 14, 2024
DOJ's Google Ad Tech Suit Bound For Sept. Trial
A Virginia federal judge said Friday that the U.S. Department of Justice's lawsuit accusing Google of monopolizing technology used to place ads on third-party websites will go to trial, finding too many factual disputes to let the search giant nix the case.
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June 13, 2024
Apple Fights To Ax 'Speculative' IPhone App Antitrust Suit
Apple urged a California federal judge Thursday to toss a proposed antitrust class action alleging the company illegally prevents iPhones from running web-based apps that don't need to be downloaded, arguing consumers don't have standing to bring the "speculative" litigation since they're not directly injured by Apple's agreements with developers.
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June 13, 2024
IP Forecast: Cooley Atty Faces DQ Bid Over Past Patent Work
A prominent Cooley LLP lawyer will face questions next week in a Philadelphia courtroom over her work a decade ago at her former firm defending a cloud software startup that is now suing a Cooley client. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
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June 13, 2024
Canadian Businessman Cops To Stealing Tesla Trade Secrets
A Canadian businessman residing in China pled guilty in New York federal court to scheming to sell secret battery manufacturing technology that belongs to Tesla, the U.S. Department of Justice announced Thursday.
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June 13, 2024
Apple Workers' Suit Says Women Are Paid Less For Same Work
A pair of Apple workers lodged a proposed class action in California state court Thursday claiming that the company has systematically paid thousands of women less than their male counterparts for substantially similar work for years.
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June 13, 2024
Vt. Gov. Blocks 'Outlier' Data Privacy Bill With Lawsuit Trigger
Vermont's governor on Thursday vetoed a legislative proposal that would have given consumers not only new data privacy rights but also the rare opportunity to sue large businesses for certain violations, expressing concerns with the significant "risks" created by the "outlier" measure and urging the Legislature to instead embrace the model adopted by Connecticut and more than a dozen other states.
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June 13, 2024
2nd Circ. Case Over NY Broadband Law Could Wrap Up
An agreement could soon be reached between internet providers and the New York attorney general's office that would avoid the need for further Second Circuit review of New York's controversial low-cost broadband law, court records show.
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June 13, 2024
Cooley-Led Diagnostics Firm Tempus AI Raises $411M IPO
Artificial intelligence-powered diagnostics company Tempus AI inc. priced a $410.7 million initial public offering Thursday at the top of its range, represented by Cooley LLP and underwriters counsel Davis Polk & Wardwell LLP.
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June 13, 2024
Zoom's $150M Investor Deal Nears OK, But $50K Award Iffy
A California federal judge indicated Thursday that he'll preliminarily approve Zoom's $150 million deal to end claims it misled investors by stating that it offered end-to-end encryption on its videoconferencing software, but told the plaintiffs' lawyers, "You're going to have to persuade me" to award the lead plaintiff $50,000.
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June 13, 2024
Samsung Wants $26M Fees In IP Case Ended By Misconduct
Samsung told a Texas federal judge that it plans to ask for about $26 million in attorney fees after he threw out infringement litigation that hinged on confidential documents that he ruled were stolen by the tech giant's former employees.
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June 13, 2024
Tesla Investors Sue Over Musk's Extracurricular xAI Diversion
A union pension fund and two individual investors hit Elon Musk and Tesla's board of directors with a derivative suit Thursday in Delaware Chancery Court over the CEO's breakaway effort to develop a new artificial intelligence venture, xAI, by diverting talent and resources from Tesla's own AI initiative.
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June 13, 2024
Judge Asks If Amazon Is Doomed To Stay In Wiretapping Suit
A Washington federal judge questioned Thursday if Amazon Web Services Inc.'s terms of use with Capital One for call center technology "doom" the cloud-computing giant's attempt to avoid a proposed class action accusing it of violating California's wiretapping law.
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June 13, 2024
FCC Wants To Revamp Citizens Broadband Radio Service
The head of the Federal Communications Commission on Thursday asked fellow members to back an overhaul of the Citizens Broadband Radio Service, a spectrum-sharing arrangement developed during Barack Obama's presidency.
Expert Analysis
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Tracking China's Push To Invalidate Foreign Patents
China’s increasing use of courts and administrative panels to nullify patents in strategically important industries, such as technology, pharmaceuticals and rare-earth minerals, raises serious concerns about the intellectual property rights of foreign businesses operating there, say Rajat Rana and Manuel Valderrama at Selendy Gay.
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3 Ways To Fight Alice Rejections Of Blockchain Patents
Excerpt from Practical Guidance
With blockchain-related patent application filings on the rise, Thomas Isaacson at Polsinelli offers strategies for responding to U.S. Patent and Trademark Office determinations that the blockchain network is just a generic computer and patent-ineligible under the U.S. Supreme Court's 2014 Alice v. CLS Bank decision.
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Takeaways From Nat'l Security Division's Historic Declination
The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.
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F1 Driver AI Case Sheds Light On Winning Tactics In IP Suits
A German court recently awarded damages to former F1 driver Michael Schumacher's family in an artificial intelligence dispute over the unlicensed use of his image, illustrating how athletes are using the law to protect their brands, and setting a precedent in other AI-generated image rights cases, William Bowyer at Lawrence Stephens.
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Lessons From Epic's Dutch Fine For Unfair Marketing To Kids
Dutch regulators' imposition of a €1.1 million fine on Epic Games for unfair commercial practices targeting children marks a significant moment in the ongoing scrutiny of digital market practices, and follows an increased focus on children's online safety in the U.S. and European Union, say attorneys at Crowell & Moring.
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Opinion
California Has A Duty To Curtail Frivolous CIPA Suits
As plaintiffs increasingly file class actions against companies for their use of website tracking cookies and pixels, the Legislature should consider four options to amend the California Invasion of Privacy Act and restore the balance between consumer privacy and business operational interests, say Steven Stransky and Jennifer Adler at Thompson Hine and Glenn Lammi at the Washington Legal Foundation.
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Risks And Promises Of AI In The Financial Services Industry
Generative artificial intelligence has immense potential to revolutionize the financial services industry, but firms considering its use should first prepare to show their customers and the increasingly divided international regulatory community that they can manage the risks inherent to the new technology, say attorneys at Gibson Dunn.
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8th Circ. Insurance Ruling Spotlights Related-Claims Defenses
The Eighth Circuit’s recent Dexon v. Travelers ruling — that the insurer must provide a defense despite the policy’s related-acts provision — provides guidance for how policyholders can overcome related-acts defenses, say Geoffrey Fehling and Jae Lynn Huckaba at Hunton.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Key FCC Enforcement Issues In AT&T Location Data Appeal
AT&T’s decision to challenge a $57 million fine from the Federal Communications Commission for its alleged treatment of customer location information highlights interesting and fundamental issues about the constitutionality of FCC enforcement, say Patrick O’Donnell and Jason Neal at HWG.
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Patent Lessons From 7 Federal Circuit Reversals In May
A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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How SEC Could Tackle AI Regulations On Brokers, Advisers
The U.S. Securities and Exchange Commission held an open meeting of its Investor Advisory Committee on June 6 to review the use of artificial intelligence in investment decision making, showing that regulators are being careful not to stifle innovation or implement rules that will quickly be made irrelevant after their passage, says Brian Korn at Manatt Phelps.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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What TikTok's Race Against The Clock Teaches Chinese Firms
The Biden administration's recent divestiture deadline on TikTok parent ByteDance provides useful information for other China-based companies looking to do business in the U.S., including the need to keep products for each market separate and implement firewalls at the design stage, says Richard Lomuscio at Stinson.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.