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Technology
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October 09, 2024
Amid Copyright Suit, Authors Guild Eyes Licensing To AI Cos.
The rise of generative artificial intelligence has led to a tsunami of copyright lawsuits by authors alleging OpenAI and other tech companies are ripping off their works, but on Wednesday the nation's largest professional organization for writers announced a new plan of attack: Help writers license their works to AI companies.
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October 09, 2024
Google, Microsoft Want Docs Kept From Apple In DOJ Case
Google and Microsoft were among a group of major corporations jumping in Tuesday to push for greater New York federal court safeguards of their sensitive business information as it's used in the Justice Department case accusing Apple of anticompetitively restricting app access to lock users into the iPhone.
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October 09, 2024
Chancery Keeps $5B Md. Data Center Project Fight In Del.
A court battle over control and management of early work on a potential $5 billion data complex in western Maryland will remain in the First State despite a marginally earlier-filed suit in Texas' new business court, a Delaware vice chancellor ruled late Wednesday.
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October 09, 2024
Cisco Gets PTAB To Wipe Out Most Of Network Patent
An administrative patent board has trimmed most of a patent that was issued to a since bankrupt Tel Aviv telecom supplier and later eventually asserted against Cisco.
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October 09, 2024
RFK Jr. Jumps Into TikTok Ban Fight At DC Circ.
Robert F. Kennedy Jr. has joined the fray in litigation at the D.C. Circuit challenging a federal law that could put TikTok out of business in the United States, contending in a new lawsuit that the sale-or-ban statute defies the First Amendment.
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October 09, 2024
DOJ Offers Menu Of Options For Google Search Fix
An outline of potential fixes lodged Tuesday by the U.S. Department of Justice in the search monopolization case against Google ranges from a ban on the default search engine pacts at the heart of the case to the forced sale of its Android operating system or other business units.
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October 09, 2024
Judge OKs $9M Data Hack Deal, Asks How Public Views Fees
A Washington federal judge on Wednesday approved an $8.8 million settlement that ended a consolidated data breach class action against a Hearst Health unit, but not before pondering how the public might perceive the deal, in which one-third of the money is going toward legal costs.
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October 09, 2024
Judge Finalizes $65.7M Verdict Against Cisco In IP Case
A $65.7 million verdict from earlier this year against Cisco Systems has been finalized by a Western District of Texas judge, in a case where a jury found the company infringed Paltalk's patent related to hybrid audio servers.
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October 09, 2024
Kohl's Sued After Vendor Hack Leaks 1.9M Customers Files
Kohl's department store customers hit the retail giant on Wednesday with a putative breach of implied contract class action in Pennsylvania federal court alleging the store failed to protect data from 1.9 million customers from a hack targeting a contractor the retailer uses for debt collection.
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October 09, 2024
AT&T Fights Phone 'Unlocking' Rules Floated At FCC
AT&T called on the Federal Communications Commission to abandon plans to require the "unlocking" of cellphones after 60 days to let customers switch carriers, saying wireless competition is already "fierce" and the FCC's plan would only hurt consumers.
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October 09, 2024
NY Mets Parent Co. Accused Of Selling Biometric Data For Profit
Sterling Mets LP — the owner of the New York Mets baseball franchise — has been hit with a proposed class action alleging that it illegally shares biometric identifier information from Citi Field's visitors for a profit.
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October 09, 2024
Thomson Reuters Gets Initial OK On $27.5M Privacy Suit Deal
A San Francisco federal judge Wednesday preliminarily approved Thomson Reuters' $27.5 million deal to settle a certified class action alleging that the information conglomerate violated the privacy rights of 40 million Californians by secretly collecting their data to sell "cradle-to-grave dossiers."
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October 09, 2024
Pa. Justices Delve Into Audiences For Facebook Posts
Whether the public's right to access to school board members' controversial social media posts depends on the intended audience dominated oral argument at the Pennsylvania's Supreme Court on Wednesday in a resident's challenge of a court order shielding the content.
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October 09, 2024
Electronics Co. Hid Auto Segment Slump, Investor Claims
Electronic equipment manufacturing company Methode Electronics has been hit with a proposed class action alleging it concealed the full extent of sagging sales in its automotive division, in which General Motors was a top client.
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October 09, 2024
Thomson Reuters Again Seeks Win On ROSS' Pilfering
Thomson Reuters on Tuesday filed a pair of renewed motions for partial summary judgment seeking to block ROSS Intelligence Inc. from claiming fair use, and hold it liable for copyright infringement, in a suit alleging ROSS ripped off the Westlaw research platform for its artificial intelligence product.
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October 09, 2024
Truckers' $700K Wage Settlement Gets Final Approval
A California federal judge granted final approval of a $700,000 proposed class action settlement between a class of truck drivers, an agricultural product transportation company and a labor contractor, ending the wage lawsuit Wednesday.
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October 09, 2024
Bitcoin Miner Misled Investors About Biz Prospects, Suit Says
Bitcoin mining operation Iris Energy Ltd. and three of its executives were hit with a shareholder suit in New York federal court alleging they misled investors about the company's high-performance computing and data center business prospects, particularly at a site in Texas that allegedly lacks infrastructure to support the business.
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October 09, 2024
US Trustee Objects To Milbank Representing Edgio In Ch. 11
Milbank LLP should be removed as counsel for digital content delivery platform Edgio Inc. in its Chapter 11, the U.S. Trustee's Office told a Delaware federal judge, arguing the firm is conflicted because of its ongoing work representing Edgio directors and officers in various securities suits.
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October 09, 2024
Ousted AI Engineer Took Trade Secrets, Auto Service Co. Says
A software engineer who was fired from auto services company Agero after just three months took hundreds of confidential files and other materials, according to a suit filed on Wednesday in Massachusetts state court.
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October 09, 2024
Marriott Inks $52M Deal With States Over Guest Data Breach
Marriott International Inc. has agreed to pay $52 million to nearly every U.S. state and bolster its data security practices to resolve parallel investigations by state attorneys general and the Federal Trade Commission over a massive data breach at the hotel's Starwood-branded properties.
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October 09, 2024
Settlement Ends Suit Over 'Unwanted' Insurance Agency Calls
A Georgia-based insurance agency has reached a settlement with a proposed class that accused it of making "aggressive" telemarketing calls to seniors advertising final expense and life insurance products despite the seniors' requests that the calls stop or their status on the national do-not-call list.
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October 08, 2024
Western Digital Owes $334M Over Data Security IP, Jury Told
Hard disk drive behemoth Western Digital owes up to $334 million for selling portable data security storage devices that infringe a SPEX Technologies patent, SPEX's attorney told California federal jurors during opening statements Tuesday, while defense counsel said the claimed invention has been in the public domain for years.
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October 08, 2024
Apple Loses Bid For Jury Trial In Masimo Trade Secrets Fight
A California federal judge on Monday granted Masimo's request for a bench trial to address its trade secrets claims against Apple, noting that bench trials are almost always granted in situations where the plaintiff is seeking only equitable relief, and Apple hasn't convinced the court to deviate from that norm.
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October 08, 2024
'Alarming' AI Might Aid Research In Patent Fights, Judge Says
A Federal Circuit judge on Tuesday told law school students at the University of California, Berkeley that while he finds artificial intelligence tools "a little alarming and frightening," he could see how they might be useful for finding prior art in patent disputes.
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October 08, 2024
Ex-Uber Exec's Actions Smell Like Cover-Up, 9th Circ. Judge Says
A Ninth Circuit panel appeared skeptical Tuesday of Uber's ex-security chief's effort to overturn his convictions for obstructing an investigation into an Uber data breach, with one judge saying the defendant's abrupt changes to Uber's policies "does smell to me like a cover-up."
Expert Analysis
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1 Year At The UPC: Implications For Transatlantic Disputes
In its first year, the Unified Patent Court has issued important decisions on procedures like provisional measures, but complexities remain when it comes to coordinating proceedings across jurisdictions like the U.S. due to differences in timelines and discovery practices, say attorneys at McDermott.
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Patent Ruling Shows A Minor Typo Can Lead To A Major Loss
A federal court’s recent ruling in SIPCO v. Jasco, where patent infringement claims were dismissed because of a typo made during prosecution, highlights key moments in the terminal disclaimer application process where double-checking the patent number is especially crucial, say attorneys at Mintz.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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How Tech Trackers May Implicate HIPAA After Hospital Ruling
A recent Texas federal court order in American Hospital Association v. Becerra adds a legal protection on key data, clarifying when tracking technologies implicate the Health Insurance Portability and Accountability Act, so organizations should ensure all technology used is known and accounted for, say John Howard and Myriah Jaworski at Clark Hill.
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What FTX Case Taught Us About Digital Asset Recoverability
FTX's Chapter 11 plan has drawn lots of attention, but the focus should be on the anticipated outcome for investors, which counters several myths about digital currencies, innovation and recoverability, says Kyla Curley at StoneTurn.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Will Texas Stock Exchange Provide Regulatory Haven?
While the newly proposed Texas Stock Exchange may represent a market reaction to increasingly complex regulations, those looking to list on a national securities exchange should consider that their choice of an exchange may not relieve them of some of the most burdensome public company requirements, say Elizabeth McNichol and Ryan Lilley at Katten.
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Opinion
Proposed Terminal Disclaimers Rule Harms Colleges, Startups
Universities and startups are ill-suited to follow the U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers due to their necessity of filing patent applications early prior to contacting outside entities for funds and resources, say attorneys at Sterne Kessler.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
Cell Tech Patent Holdup Is Stalling Automaker Innovation
Courts and Congress should seek to stem anticompetitive harm caused by standard-essential patent holders squeezing automakers with unfairly high royalties for cellular connectivity technology, says Charles Haake at Alliance for Automotive Innovation.
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Mitigating Risks Amid 10-Year Sanctions Enforcement Window
In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.
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M&A In The AI Era: Key Deal Terms To Watch
As the artificial intelligence market matures, so will due diligence needs, as M&A deals aimed at consolidation and new synergies raise unique legal and regulatory challenges, including potential antitrust and national security reviews, say attorneys at Skadden.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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FBI Raid Signals Growing Criminal Enforcement Of Algorithms
The U.S. Department of Justice Antitrust Division's increased willingness to pursue the use of algorithmic pricing as a potential criminal violation means that companies need to understand the software solutions they employ and stay abreast of antitrust best practices when contracting with providers, say attorneys at Rule Garza.
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Trending At The PTAB: Multiple Petitions In IPRs
Recent Patent Trial and Appeal Board decisions and a proposed rulemaking indicate the board’s intention to continue to take a tougher stance on multiple inter partes review petitions challenging the same patent, presenting key factors for petitioners to consider, like the necessity of parallel filings and serial petitions, say Yinan Liu and Cory Bell at Finnegan.