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Technology
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May 21, 2024
Make Emergency Missing-Adult Codes Voluntary, FCC Urged
A new missing-adult code that the Federal Communications Commission wants to integrate into the Emergency Alert System should be kept voluntary for existing alert systems, cable providers told the FCC.
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May 21, 2024
9th Circ. Rejects Quick Section 230 Appeal In Casino App MDL
The Ninth Circuit refused to weigh in Tuesday on whether the Communications Decency Act's Section 230 shields Google, Apple and Meta from consolidated multidistrict litigation over allegedly illicit "social casino" game apps on their platforms, finding that deciding the issue on an interlocutory appeal would be a premature, advisory opinion.
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May 21, 2024
Split Fed. Circ. Revives IP Suit Against Nokia Over Standing
A split Federal Circuit on Tuesday threw out a lower court decision that found an inventor's company didn't have standing to sue Nokia, Cisco and ADVA over a fiber optic patent, saying it was unclear if the company had the rights to the patent.
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May 21, 2024
Online Game Sites Hit With Class Claims For 'Illegal' Gambling
The operators of online games Chumba Casino, LuckyLand Slots and Global Poker have been slapped with a proposed class action in Georgia federal court accusing them of conducting illegal commercial gambling operations in the Peach State.
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May 21, 2024
Scale AI Valued At $14B After Series F Round Led By Accel
San Francisco-based artificial intelligence company Scale AI on Tuesday announced that it hit a nearly $14 billion valuation after closing its latest financing round with $1 billion in tow.
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May 21, 2024
Strategic Hiring Was The New Normal For BigLaw In 2023
The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.
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May 21, 2024
The Law360 400: Tracking The Largest US Law Firms
The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.
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May 21, 2024
Cisco Slips Ex-Workers' Suit Over BlackRock Funds, For Now
A California federal judge threw out a proposed class action that former workers brought accusing Cisco of breaching federal benefits law by including several BlackRock funds as options in its $16.4 billion 401(k) plan, saying the ex-employees failed to put forward meaningful comparator investments to support their claims.
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May 21, 2024
FCC Aims To Shut Down Scam Robocall Campaign
The Federal Communications Commission is telling a Chicago-based voice service provider to immediately stop originating millions of illegal robocalls marketing purported debt consolidation or face sanctions.
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May 20, 2024
Scarlett Johansson 'Shocked, Angered' By ChatGPT AI Voice
Scarlett Johansson revealed in a statement Monday that she declined OpenAI CEO Sam Altman's offer to voice the current ChatGPT, but said she was "shocked, angered and in disbelief" when she recently heard a demo of the generative artificial intelligence system's voice that "sounded so eerily similar" to her own.
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May 20, 2024
Bungie Takes Aim At Cheat Code Sellers In Copyright Trial
Video game studio Bungie kicked off a Seattle copyright trial on Monday by telling federal jurors a group of cheat code sellers deleted financial records and other data and even fabricated a fake press release about the sale of their website to throw Bungie and its attorneys off their scent.
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May 20, 2024
Snap Hit With Wrongful Death Suit Over 13-Year-Old's Suicide
The mother of a 13-year-old boy hit Snapchat's parent company Snap Inc. with a wrongful death suit in South Carolina federal court on Friday, alleging that her son died by suicide after a predator extorted him by posing under a fake name on the social media company's platform.
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May 20, 2024
Autonomy CEO Reaped $516M From HP Acquisition, Jurors Told
Ex-Autonomy CEO Michael Lynch took home more than $516 million from the software company's $11.7 billion sale to HP, an FBI agent testified Monday as the government's last witness in a trial over allegations Lynch duped HP into overpaying to buy the company.
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May 20, 2024
Teladoc Faces Suit Over Mental Health Platform's Losses
Telemedicine giant Teladoc Health Inc. and two of its executives face a proposed investor class action alleging trading prices for Teladoc shares fell after the company disclosed that its flagship mental health counseling platform saw membership and revenue declines despite increased advertising costs.
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May 20, 2024
Colo. Gov. Voices 'Reservations' In Signing AI Bias Bill
Colorado's governor has approved the nation's first framework to clamp down on algorithmic discrimination in certain artificial intelligence technologies, although he expressed several "reservations" about the measure that he urged the Legislature to address before the law takes effect in 2026.
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May 20, 2024
CoStar, Hotel Giants Defend Benchmarking In Price-Fixing Suit
CoStar Group Inc. and a contingent of big-name hotels have asked a Washington federal judge to toss an antitrust lawsuit claiming the hotel operators share industry analytics to inflate luxury hotel room prices, arguing the proposed class action is riddled with legal defects.
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May 20, 2024
Idaho, Micron Defend 'Bad Faith' Patent Law At Fed. Circ.
The state of Idaho and Micron Technology Inc. have told the Federal Circuit that Idaho's law barring "bad faith" allegations of patent infringement is constitutional, defending a lower court's ruling that Longhorn IP must pay an $8 million bond under the law.
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May 20, 2024
DOJ Says Google Ad Tech Case About Coercion, Not Dealing
The U.S. Department of Justice urged a Virginia federal judge Friday to preserve its case accusing Google of monopolizing key digital advertising technology, arguing the search giant is misconstruing a case that is really about forcing customers to use its ad exchanges, not about who the company does business with.
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May 20, 2024
Startup Admits Sharing IP With Boeing After Supposed Swipe
The co-founder of a startup accusing the Boeing Co. of plotting to steal its intellectual property to build a copycat electric jet acknowledged during cross-examination Monday that his company kept willingly sharing trade secrets with the aviation giant after discovering the alleged misappropriations.
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May 20, 2024
Transparency Act Violates Constitution, Groups Tell 11th Circ.
The Corporate Transparency Act's reporting requirements violate the Fifth Amendment's protection against self-incrimination and other constitutional provisions, libertarian think tank Cato Institute and others said Monday in urging the Eleventh Circuit to uphold an Alabama district court's ruling against the law.
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May 20, 2024
NC License Law Didn't Violate 1st Amendment, 4th Circ. Finds
The Fourth Circuit held on Monday that North Carolina's licensing requirements for surveyors don't violate the free speech rights of a drone pilot who sought to create maps for customers, with the court finding the state regulation is backed by sound public interests.
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May 20, 2024
Tesla Pushes Charging Station Patent Suit Out Of Texas
Despite Elon Musk's decision to move the headquarters of his company to the Western District of Texas, Tesla was able to persuade a federal judge in Austin to send an infringement suit targeting its charging stations to California, where the company was previously based.
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May 20, 2024
Lyft Has No Duty To Screen Passengers For Criminal History
A California appeals court has thrown out a former Lyft Inc. driver's suit against the company alleging he was stabbed by a passenger because the company failed to perform background checks on passengers, saying the company has no such duty.
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May 20, 2024
Travelers Owed Tech Co. Defense In TM Row, 8th Circ. Says
Travelers had a duty to defend a computer retailer in an underlying trademark infringement action filed by Cisco Systems, the Eighth Circuit affirmed Monday, saying it cannot conclude that coverage is barred by the policy's related-acts provision.
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May 20, 2024
Texas' Naive Witness 'Unacceptable' In Google Ad Tech Suit
A judge overseeing a Texas-led lawsuit accusing Google of anti-competitive conduct in the display advertising market has ordered the attorneys general bringing the litigation to provide an adequate witness who can speak to certain facts about the investigation, calling their failure to do so "puzzling and unacceptable."
Expert Analysis
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Direct Claims Ruling May Alter Gov't Ties To Software Firms
A recent Federal Circuit decision allowing a software developer to pursue legal action under the Contract Disputes Act could change the government's relationship with commercial software providers by permitting direct claims, even in third-party purchase situations, say Dan Ramish and Zach Prince at Haynes Boone.
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Antitrust Ruling Shows Limits Of US Law's Global Reach
Antitrust plaintiffs often cite the legislative history of the Foreign Trade Antitrust Improvements Act to support application of U.S. antitrust law to alleged injuries abroad, but as a California federal court recognized recently in Figaro v. Apple, the cited history does no such thing, say Daniel Swanson and Eli Lazarus at Gibson Dunn.
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The Fed. Circ. In February: A Reminder On Procedure Rule 28
Because the Federal Circuit does not often issue a sua sponte precedential order emphasizing an important rule of practice, it is useful to look at how the court applied the restrictions of appellate procedure Rule 28 in Promptu v. Comcast last month, and in cases that preceded it, say Jeremiah Helm and Sean Murray at Knobbe Martens.
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New Concerns, Same Tune At This Year's SIFMA Conference
At this year's Securities Industry and Financial Markets Association conference on legal developments affecting the financial services industry, government regulators’ emphasis on whistleblowing and AI washing represented a new refrain in an increasingly familiar chorus calling for prompt and thorough corporate cooperation, say attorneys at Fried Frank.
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HHS' Updated Tracking Tech Guidance Offers Little Clarity
The U.S. Department of Health and Human Services' Office for Civil Rights' updated guidance on the use of online tracking technologies appears more focused on legal issues raised in ongoing litigation with the American Hospital Association and less on practical guidance for covered entities, say attorneys at Sheppard Mullin.
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Ready Or Not, Big Tech Should Expect CFPB Surveillance
In light of the Consumer Financial Protection Bureau's proposed plan to supervise large companies providing the vast majority of digital money transfers, not only will Big Tech have to prepare for regulation previously reserved for traditional banks, but the CFPB will also likely face some difficult decisions and obstacles, says Meredith Osborn at Arnold & Porter.
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3 Cybersecurity Takeaways From White House Tech Report
Tech companies and software developers should take stock of the Biden administration's push for improved cybersecurity in a recent White House report, especially given that the report lays new building blocks related to potential liability for developers, say attorneys at Sidley.
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Contract Disputes Recap: Facts Differ But Same Rules Apply
Zachary Jacobson and Sarah Barney at Seyfarth examine two decisions illustrating that reliance on a technicality may not save an otherwise untimely appeal, and that enforcement of commercial terms and conditions under a federal supply schedule contract may be possible.
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Untangling The Legal Complexities Of Trade Secrets And AI
With broad adoption of generative artificial intelligence, some have suggested trade secret law is the best means for protecting innovations, but while this protection may apply to all forms of information, the breadth of coverage may make identifying the information and later misappropriation difficult, say Joshua Lerner and Nora Passamaneck at WilmerHale.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Examining The Arbitration Clause Landscape Amid Risks
Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.
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How Activision Ruling Favors M&A Formalities Over Practice
The Delaware Chancery Court’s recent nod to a proposed class action, alleging shareholder notice violations in Activision Blizzard’s sale to Microsoft, puts practitioners on notice that customary merger and acquisition market practices do not offer protection from potential liability, say John Stigi and Eugene Choi at Sheppard Mullin.
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Past CCPA Enforcement Sets Path For Compliance Efforts
The California Privacy Protection Agency and the California Attorney General's Office haven't skipped a beat in investigating potential noncompliance with the California Consumer Privacy Act, and six broad issues will continue to dominate the enforcement landscape and inform compliance strategy, say attorneys at Reed Smith.
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How Policymakers Can Preserve The Promise Of Global Trade
Global trade faces increasing challenges but could experience a resurgence if long-held approaches adjust and the U.S. accounts for factors that undermine free trade's continuing viability, such as regional trading blocs and the increasing speed of technological advancement, says David Jividen at White & Case.
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10 Areas To Watch In Aerospace And Defense Contracting Law
The near future holds a number of key areas to watch in aerospace and defense contracting law, ranging from dramatic developments in the space industry to recent National Defense Authorization Act updates, which are focused on U.S. leadership in emerging technologies, say Joseph Berger and Chip Purcell at Thompson Hine.