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Technology
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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."
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May 20, 2024
FCC Told Ad Disclosure Rule Would Violate APA, Free Speech
Broadcasters are continuing their push to get the Federal Communications Commission to drop the potential inclusion of some political ads and public service announcements from proposed foreign disclosure rules, this time saying that the rule would violate the First Amendment.
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May 20, 2024
Kepler Backs SpaceX Push To Revamp 'Big LEO' Band
Satellite tech company Kepler Communications Inc. has urged the Federal Communications Commission to move forward with a potential new sharing framework for the "Big LEO" band as recently proposed by SpaceX.
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May 20, 2024
Split Fed. Circ. Affirms Del. Atty Fees Can't Include PTAB Work
Dish Network and Sirius XM aren't entitled to attorney fees for getting a patent they were accused of infringing invalidated at the Patent Trial and Appeal Board, even if the instigating infringement claims were deemed "objectively baseless," a split Federal Circuit panel affirmed Monday.
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May 20, 2024
iRhythm Brass Face Suit Over FDA's Heart Monitor Inquiry
Several current and former directors and executives of medical technology company iRhythm are named in a shareholder derivative suit alleging they failed to disclose an inquiry by the Food and Drug Administration that found iRhythm's heavily touted and high-cost real-time heart monitoring device failed to meet the company's claims.
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May 20, 2024
Ga. Accounting Firm Says UK Fintech Co. Suit Must Be Tossed
Georgia-based accounting firm Frazier & Deeter LLC has asked a federal court to dismiss a lawsuit brought against it by U.K.-based fintech company Genesis Global Technology, which alleges it was forced to spend time and money redressing issues after the firm miscalculated the fair market value of its common shares in 2021.
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May 20, 2024
Insider Trader Settles With SEC Over Friend's ADI Tip
A Massachusetts accountant who admitted to trading on inside information about Analog Devices Inc.'s plans to buy a California semiconductor company has settled related civil charges lodged by the U.S. Securities and Exchange Commission, according to a Monday filing in federal court.
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May 20, 2024
Latham Hires 2 Skadden Healthcare Partners In DC
Latham & Watkins LLP has picked up two healthcare and life sciences partners from Skadden Arps Slate Meagher & Flom LLP in Washington, D.C., the firm announced Monday.
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May 20, 2024
T-Mobile Deals Threaten Mobile Network Operators, FCC Told
A mobile virtual network operator is telling the Federal Communications Commission to better protect competition in the MVNO market, claiming in a new filing with the agency that T-Mobile has been using its newfound market power to bully its brands' competitors.
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May 20, 2024
Catching Up With Delaware's Chancery Court
Delaware was full of drama last week, as proposed changes to the state's corporate law statutes raised eyebrows and a professor's friend-of-the-court brief sparked a very unfriendly public exchange. Delaware's court of equity banged the gavel on pipeline and social media disputes, and shareholders filed new suits alleging insider trading, vote bungling, unfair stock buybacks and merger shenanigans. In case you missed any of it, here's the recap of all the top news last week from Delaware's Chancery Court.
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May 20, 2024
Goodwin Adds Sidley Startup, Climate Tech Ace In Calif.
Goodwin Procter LLP is expanding its technology team, announcing Monday it is bringing in a Sidley Austin LLP startup and climate tech specialist as a partner in its Silicon Valley office.
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May 20, 2024
VC Firm To Take Israeli Software Biz Private In $150M Deal
Artificial intelligence-fueled customer intelligence solutions provider Glassbox said Monday it's agreed to be bought by longtime investor venture capital firm Alicorn Venture Partners, in an all-cash, take-private deal valued at around $150 million and led by Herzog Fox & Neeman and Fischer (FBC & Co.).
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May 20, 2024
DC Says Vegas Hotels' Win Doesn't Negate RealPage Suit
The District of Columbia has urged the D.C. Superior Court to not use a federal judge's recent decision in an antitrust case as the basis for dismissing its claims against two real estate companies embroiled in a larger price-fixing suit against software company RealPage Inc.
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May 20, 2024
Latham-Led CyberArk Buying PE-Backed Venafi In $1.54B Deal
Latham & Watkins LLP is guiding Newton, Massachusetts-based CyberArk on a new deal to buy fellow cybersecurity company Venafi from Chicago-based private equity firm Thoma Bravo, represented by Kirkland & Ellis LLP, at an enterprise value of $1.54 billion, CyberArk said Monday.
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May 17, 2024
TikTok, Feds Ask DC Circ. To Fast-Track Potential Ban Row
TikTok, a group of its creators and the U.S. Department of Justice on Friday all asked the D.C. Circuit to fast-track challenges to a new federal law that would exclude the popular app from the U.S. market unless it cuts ties with its Chinese parent company.
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May 17, 2024
Feds Say Duo Ran $73M 'Pig Butchering' Laundering Scheme
Two Chinese citizens have been arrested on charges of being kingpins in a money laundering operation that processed more than $73 million of funds that were stolen in so-called pig butchering cryptocurrency schemes.
Expert Analysis
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Document Retention Best Practices To Lower Litigation Risks
As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Compliance Steps After ABA White Collar Crime Conference
Senior law enforcement officials’ statements this month at the American Bar Association's white collar crime conference suggest government enforcement efforts this year will increasingly focus on whistleblower incentives, artificial intelligence and data protection, and companies will need to update their compliance programs accordingly, say attorneys at Baker McKenzie.
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2 Issues For Venture-Backed Climate Tech Startups To Avoid
As climate tech startups become more common, poor equity dilution management and stacked seed financing are two common pitfalls that apply more acutely to climate tech startups than to the broader venture-backed startup space, say attorneys at Goodwin.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Uncertainty Surrounds Patent Eligibility Restoration Bill
A recent U.S. Senate hearing regarding the Patent Eligibility Restoration Act, a bill that aims to overhaul patent eligibility law and establish clearer statutory exclusions, marks a pivotal moment in the ongoing patent eligibility debate, but the law’s fate remains uncertain as discussions continue, say attorneys at Marshall Gerstein.
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Takeaways From Groundbreaking Data Transfer Order
A recent first-of-its-kind executive order and related proposed rulemaking lay the groundwork for important outbound U.S. data protections, but they may have unintended consequences related to the types of data and the subjects within their scope, say attorneys at Kirkland.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Innodata Suit Highlights 'AI Washing' Liability Risk For Cos.
A class action against software company Innodata over so-called AI washing, one of the first of its kind, underscores the litigation and enforcement risks that can arise from the U.S. Securities and Exchange Commission's novel theory about misleading artificial intelligence capabilities, say attorneys at Bracewell.
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For Now, Generative AI Is Risky For Class Action Counsel
Although a recent survey showed most in-house counsel think that their outside counsel should be using generative artificial intelligence "in some way" in class action work, the technology is more a target for class actions than it is a tool to be used in practice at present, says Matthew Allen at Carlton Fields.
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The Epic Antitrust Cases And Challenges Of Injunctive Relief
The Epic cases against Apple and Google offer a window into the courts' considerable challenges in Big Tech litigation and establishing injunctive relief that enhances competition and benefits consumers, say Kelly Lear Nordby and Jon Tomlin at Ankura Consulting.
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Steps To Reduce CIPA Litigation Risks For Companies
As class action claims brought under the California Invasion of Privacy Act continue to advance new theories under an old law to target companies for commonplace website and app activities, there are steps that organizations can take to reduce exposure and strengthen their defenses against such lawsuits, say attorneys at Hintze Law.
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Banks Should Continue To Prep For CFPB Data Rule Rollout
Consumer Financial Protection Bureau-supervised banks should not expect industry pressure to delay the rollout of proposed Section 1033 open banking rules, which regulate how consumer financial information flows between financial institutions, and prepare their required data access portals and compliance procedures now, say attorneys at Troutman Pepper.
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UMG-TikTok IP Rift Highlights Effective Rights Control Issues
Despite Universal Music Group's recent withdrawal of TikTok's licensing rights to its music catalog, the platform struggles to control uploads and reproductions of copyrighted material, highlighting the inherent tension between creative freedom and effective rights control in the age of social media, says Simon Goodbody at Bray & Krais.
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5 Trends To Watch As Value-Based Healthcare Gains Steam
Value-based care has grown and evolved as healthcare providers, payors and policymakers seek to improve patient results while containing costs, and this shift in the industry is expected to accelerate in the near future, say attorneys at Holland & Knight.