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Technology
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October 25, 2024
FCC Didn't Play Favorites For Soros In Audacy Deal, GOP Told
The Federal Communications Commission's approval of radio station chain Audacy's recent ownership change mirrored the way it handled similar media deals in past years, the FCC's chief told critics alleging it fast-tracked the Audacy plan to benefit Democratic donor George Soros.
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October 25, 2024
Self-Driving Car Co. Waymo Snags $5.6B In Series C Funding
Self-driving car company Waymo on Friday announced that it closed a behemoth investing round, raising $5.6 billion from private equity and venture capital investors.
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October 25, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the Competition and Markets Authority take action against a mattress retailer after it was caught pressuring its customers with misleading discounts, Lenovo and Motorola target ZTE Corporation with a patents claim, Lloyds Bank hit by another claim relating to the collapse of Arena Television and U.K. tax authority HMRC sued by the director of an electronics company that evaded millions of pounds in VAT. Here, Law360 looks at these and other new claims in the U.K.
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October 25, 2024
No Reason To Open Discovery, X, Musk Say In Severance Fight
Elon Musk and X Corp. have urged a California federal court not to acquiesce to former executives' request to open discovery in their severance benefits lawsuit, saying the workers can't show they've been harmed by the court's decision to pause discovery until after ruling on a dismissal motion.
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October 25, 2024
Taxation With Representation: Davis Polk, Skadden, Kirkland
In this week's Taxation With Representation, Atlantic Union Bankshares Corp. absorbs Sandy Spring Bancorp, Sophos and Secureworks merge, Wendel Group takes a stake in Monroe Capital LLC, and Acuity Brands Inc. buys QSC LLC.
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October 24, 2024
Meta, TikTok Can't Ditch Schools' Social Media Addiction Suit
Meta Platforms and other social media giants must face most of the claims brought by school districts and local government entities alleging the companies designed their platforms to addict children, a California federal judge ruled Thursday.
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October 24, 2024
FTC Official Doubts Election Will Deter Antitrust 'New Era'
The Federal Trade Commission's Bureau of Competition director defended the agency's new guidelines and its track record during a wide-ranging discussion at the 34th annual Golden State Institute on Thursday, and he expressed confidence that whichever presidential candidate wins, a new administration won't deter this "new era" of FTC antitrust enforcement actions.
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October 24, 2024
Split Fed. Circ. Rejects Expert's 'Because I Said So' Testimony
A Delaware federal jury was wrong to find Comcast infringed a NexStep "digital butler" patent, and the trial judge properly overruled it, a split Federal Circuit panel said Thursday.
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October 24, 2024
LinkedIn Hit With €310M Irish Fine For Targeted Ad Practices
Ireland's data protection commission has handed down a €310 million ($335 million) penalty against LinkedIn for allegedly failing to have an adequate legal basis for processing European Union users' personal data for targeted advertising purposes, the regulator announced Thursday.
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October 24, 2024
USPTO Is Using AI — And More IP Takeaways From Vidal
U.S. Patent and Trademark Office Director Kathi Vidal fielded tough questions before a crowd of attorneys Thursday to start the American Intellectual Property Law Association annual meeting, covering topics from her agency's cybersecurity challenges to the backlog of patent and trademark applications.
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October 24, 2024
FINRA Says Its Regs Apply To Metaverse, Seeks Comments
Broker-dealers and other firms that are weighing incorporating the metaverse into their business operations should be mindful of how Financial Industry Regulatory Authority rules apply to such activities and reach out with any concerns about regulatory ambiguities, the regulator said Thursday.
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October 24, 2024
PTAB Largely Ends 2 Telecom Patents After Cisco Challenge
The Patent Trial and Appeal Board has fully thrown out an Orckit Corp. link aggregation patent and mostly invalidated another telecommunications patent following challenges from Cisco, finding their claims were too obvious to warrant patent protection.
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October 24, 2024
Calif. Judge Urged To Uphold $262M Hard Drive IP Verdict
MR Technologies has asked a California federal judge to deny Western Digital's bid to toss a $262 million patent infringement verdict in a dispute over disk drive storage technology, saying the hard drive behemoth's desire for a redo is outweighed by its failure to present any legal errors or abuse of discretion by the court.
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October 24, 2024
Bumble App Wants To Dump Straight Women's Bias Suit
Bumble asked a California federal judge Wednesday to throw out a lawsuit alleging the dating app discriminates against straight women by requiring them to make the first move, saying the complaint "betrays a troubling irony" in perpetuating gender-based stereotypes that antidiscrimination laws were designed to prevent.
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October 24, 2024
4th Circ. Affirms Dismissal Of Crypto Theft Coverage
The Fourth Circuit upheld a lower court's ruling that an individual's homeowners policy didn't cover his loss of $170,000 in cryptocurrency to an alleged scam, agreeing with a Virginia federal court that the loss didn't constitute a "direct physical loss."
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October 24, 2024
FCC's Data Cap Study Tees Up Unjustified Ban, Think Tank Says
As the Federal Communications Commission launches an inquiry into how data cap practices affect the public, a free market think tank is stepping into the fray to say it's worried any regulation limiting data caps would be "misguided."
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October 24, 2024
FCC Won't Hold Off Prison Phone Rate Caps During Suits
The Federal Communications Commission has turned down three bids for the agency to shelve new prison phone service rate caps during legal appeals of the FCC's rule, saying such lawsuits are unlikely to prevail.
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October 24, 2024
Broadcasters Doubt Legality Of FCC Blackout Reporting Regs
TV broadcasters questioned a Federal Communications Commission plan to require cable and satellite companies to report programming "blackouts" caused by carriage disputes to a central database, saying the agency appears to lack legal authority to impose such a requirement.
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October 24, 2024
FINRA Fines Broker Over Securities Lending Algorithm Issues
Interactive Brokers LLC has agreed to a $475,000 fine from the Financial Industry Regulatory Authority to resolve alleged issues with its securities lending algorithm that resulted in the firm returning borrowed shares to customers when it should not have and for allegedly allowing an unregistered person to work on the algorithm's software development.
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October 24, 2024
LinkedIn Intercepts Health Info On CityMD's Site, User Says
LinkedIn was hit with a proposed invasion-of-privacy class action on Wednesday in California federal court that accused the social network platform of illegally intercepting users' sensitive health information when they book medical appointments through CityMD's website, then selling the data for targeted advertising.
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October 24, 2024
TikTok Won't Get 3rd Circ. Rehearing Of Section 230 Ruling
The Third Circuit on Wednesday turned down TikTok's request for an en banc rehearing of a panel decision that the social media company's "For You Page" algorithm isn't entitled to immunity under Section 230 of the Communications Decency Act in a case over a 10-year-old's death.
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October 24, 2024
Willkie-Led Ingram Micro Rejoins Markets After $409M IPO
Private equity-backed technology products distributor Ingram Micro Holding Corp. rallied in debut trading on Thursday, marking the company's return to public markets following a $409 million initial public offering, represented by Willkie Farr & Gallagher LLP and underwriters' counsel Cahill Gordon & Reindel LLP.
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October 24, 2024
IBM Pans Fired White Worker's Diversity Quota Claims
IBM disputed a white former consultant's claim that the company fired him to fulfill diversity targets in a court filing Wednesday, saying the worker's allegations that the company has racial and gender-based hiring quotas are unsupported.
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October 24, 2024
Elon Musk Escapes Vote-Buying Claims In RICO Suit
Elon Musk has dodged claims in a Racketeering Influenced and Corrupt Organizations Act lawsuit that his attempts to drive up voter registration in swing states by holding a million-dollar giveaway are unlawful, with a California federal judge ruling the allegations had nothing to do with the rest of the case.
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October 24, 2024
Conn. Bar Committee Wants Software Crash Suit Tossed
The Connecticut Bar Examining Committee says a test-taker's federal lawsuit linking her failing grade to computer malfunctions or software crashes must be dismissed, because two different statistical analyses showed her tech woes "likely had no impact on her ultimate score."
Expert Analysis
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Takeaways From Texas AG's Novel AI Health Settlement
The Texas attorney general's recent action against a health tech company marks another step in rapidly proliferating enforcement against artificial intelligence and privacy issues across multiple states, and highlights important risk mitigation considerations for health companies that implement AI systems, say attorneys at Troutman Pepper.
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A Look At How De Minimis Import Rules May Soon Change
The planned implementation of executive actions focused on the de minimis rule as it applies to shipments means companies should use this interval to evaluate the potential applicability and impact of Section 301, Section 201 or Section 232 duties on their products, say attorneys at Holland & Knight.
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Antitrust Issues To Watch Amid Google Ad Tech Trial
Regardless of the outcome of the U.S. Department of Justice's advertising technology antitrust suit against Google in Virginia federal court, matters ranging from market definition to unified pricing will likely have far-reaching implications for the digital advertising industry, competition and innovation, say attorneys at Holland & Knight.
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Key Takeaways From DOJ's New Corp. Compliance Guidance
The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.
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How To Craft Strong Prong 2 Arguments For AI Patent Apps
The U.S. Patent and Trademark Office’s recent guidance update on subject matter eligibility for artificial intelligence inventions highlights that the key to overcoming rejection lies in the analysis under Prong 2, which practitioners should consider leading their arguments with, says Sean Lee at Baker Botts.
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IP Concerns For Manufacturing Semiconductors In Low Orbit
With space habitation companies working to launch private space stations in the near future, semiconductor manufacturers aiming to execute research and development in low or microgravity must consider the unique claim drafting and patent protection issues that will emerge, says Greg Miraglia at Quinn Emanuel.
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How To Avoid Liability When Using Cookie Consent Managers
As companies attempt to comply with consumer protection laws by implementing cookie consent managers on their websites, they must be wary of separate legal risks that can stem from implementing or using these tools incorrectly, says Ian Cohen at LOKKER.
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Kubient Case Shows SEC's Willingness To Charge Directors
The U.S. Securities and Exchange Commission's recent fraud charges against Kubient's former CEO, chief financial officer and audit committee chair signal a willingness to be more aggressive against officers and directors, underscoring the need for companies to ensure that they have appropriate channels to gather, investigate and document employee concerns, say attorneys at Jenner & Block.
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$200M RTX Deal Underscores Need For M&A Due Diligence
RTX's settlement with regulators for violating defense export regulations offers valuable compliance lessons, showcasing the perils of insufficient due diligence during mergers and acquisitions transactions along with the need to ensure remediation measures are fully implemented following noncompliance, say Thad McBride and Faith Dibble at Bass Berry.
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Taking Stock Of FCC's New Spectrum Rule For Drones
While an order recently adopted by the Federal Communications Commission is intended to provide drones with rapid access to a limited amount of spectrum in the 5030-5091 megahertz band, the commission envisions an incremental approach to full usage that will play out over the course of the coming months and years, say attorneys at Wiley.
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3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim
The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.
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Ruling On Foreign Dividend Break Offers 2 Tax Court Insights
In Varian v. Commissioner, the U.S. Tax Court allowed a taxpayer's deduction for dividends from foreign subsidiaries, providing clarity on how the U.S. Supreme Court’s Loper Bright decision may affect challenges to Treasury regulations, and revealing a potential disallowance of foreign tax credits, say attorneys at Davis Polk.
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How Loper Bright Is Affecting Pending FCC Litigation
Pending challenges against Federal Communications Commission orders at the Sixth and Eleventh Circuits following the U.S. Supreme Court's decision in Loper Bright highlight that counsel must be familiar with the statutes, regulations and precedent relevant to the FCC to best navigate the rapidly changing compliance landscape, say attorneys at Davis Wright.
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USPTO Guidance Suggests 2 Strategies For AI Inventions
Analyzing the U.S. Patent and Trademark Office's recent guidance, it appears that there are at least two paths for establishing that an artificial intelligence invention is eligible for protection, and that which strategy to use may turn on how broadly the invention is applied, says William Morriss at Frost Brown.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.