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Technology
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June 11, 2024
Biz Groups Urge 6th Circ. To Put Net Neutrality On Hold
Industry groups want the Sixth Circuit to put the Federal Communications Commission's net neutrality rules on hold while they are litigated and to reject an FCC bid to move numerous consolidated challenges to the D.C. Circuit.
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June 11, 2024
SEC Probing Autodesk After Accounting Practices Report
Autodesk Inc. said the U.S. Securities and Exchange Commission is investigating the software corporation after it voluntarily contacted the regulatory body to inform it of the company's own internal investigation into its free cash flow and non-generally accepted accounting principles operating margin practices.
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June 11, 2024
Slow IPO Recovery Expected To Accelerate In 2025
More companies are preparing initial public offerings even as the pace of new listings has been slower than anticipated, experts said Tuesday, signaling that an IPO recovery is likely to accelerate next year after investors sort out November election results.
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June 11, 2024
Adeia, X Reach Deal In IP Dispute
A California federal judge has agreed to stay a case where X, formerly known as Twitter, filed a declaratory judgment action against Adeia, while the parties work through a settlement.
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June 11, 2024
AlphaSense Valued At $4B After $650M Investment Round
New York-based market intelligence platform AlphaSense said Tuesday it has raised $650 million in funding as part of an agreement to buy data provider Tegus, valuing AlphaSense at $4 billion.
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June 11, 2024
AI Hiring Platform's Ex-CEO Charged With $27M Fraud
The founder of hiring startup Joonko Diversity Inc. has been charged with fraud, with prosecutors saying Tuesday that she deceived investors into dumping $27 million into a platform that supposedly used artificial intelligence to help companies recruit diverse job candidates.
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June 11, 2024
Heinz Charity Says Ex-Adviser Stole Almost $1M Via Sham Co.
A technology adviser for the Pittsburgh-based Heinz Endowments embezzled nearly a million dollars by steering payments to a company he secretly owned for work it never did, then tried to cover his tracks when he came under investigation, the endowments claimed in a federal lawsuit.
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June 11, 2024
JPML Consolidates AT&T Data Breach Suits In Texas
Thirty lawsuits brought against AT&T over a data breach that left 70 million customers' information on the dark web are being consolidated in the Northern District of Texas, with the Judicial Panel on Multidistrict Litigation ruling that proximity to AT&T headquarters will bring added efficiency to the proceedings.
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June 11, 2024
Pa. County Can't Give Voting Machine Data To Mich. Atty
A Pennsylvania judge on Tuesday blocked Fulton County commissioners from giving data copied from the county's Dominion Voting Systems equipment to an attorney and Donald Trump ally facing criminal charges for illegally accessing voter information in Michigan.
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June 11, 2024
Texas AG Urges DC Circ. To Revive Media Matters Probe
Texas Attorney General Ken Paxton wants the D.C. Circuit to revive his investigation into progressive media watchdog Media Matters' reporting on the social media platform X, saying the D.C. federal court had no authority to interfere with the probe.
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June 11, 2024
Paramount Asks Court To Send 'Top Gun' IP Suit Packing
Paramount Pictures has asked a California federal court to dismiss a right of publicity complaint from the actor who played Henry "Wolfman" Ruth in the original "Top Gun" movie, saying his claim over a photo of his character included in the film's sequel without his permission falls squarely under the so-called Rogers test, a free speech doctrine that protects expressive works.
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June 11, 2024
Spat Over Texas Trial, Vacation Plans Ends With New Date
A Texas appeals court has dismissed a tech company's mandamus petition stating that a Harris County court scheduled a trial in its case despite several attorney vacation letters after the parties said the trial court moved the date.
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June 11, 2024
SEC Asks For $1.1M Insider Trading Penalty For Ex-Apple Atty
The U.S. Securities and Exchange Commission is again urging a New Jersey federal court to levy a roughly $1.1 million civil penalty on a former Apple Inc. senior attorney who already pled guilty and was sentenced for criminal charges related to a lucrative insider trading scheme.
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June 11, 2024
JPML Consolidates GM, LexisNexis Driving Data Suits In Ga.
Drivers claiming that their auto insurance rates increased after General Motors and its OnStar unit collected driving data without consent and shared the information with LexisNexis Risk Solutions will have their suits consolidated in Georgia federal court, the Judicial Panel on Multidistrict Litigation ruled.
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June 11, 2024
5th Circ. Won't Adopt Rule On AI-Drafted Docs
The Fifth Circuit has decided this week not to adopt a proposed rule requiring attorneys to verify that documents were not written using generative artificial intelligence, or if they were, that they were checked for accuracy by humans.
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June 11, 2024
Swedish Software Co. IFS Buying Copperleaf In CA$1B Deal
Linköping, Sweden-based IFS AB has agreed to purchase Canada's Copperleaf Technologies Inc. for about CA$1 billion ($725.6 million), the companies said Tuesday.
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June 11, 2024
Longtime Orrick IP Partner Jumps To White & Case In DC
An Orrick Herrington & Sutcliffe LLP partner, who spent over 14 years with the firm litigating a range of patent and other matters, has joined White & Case LLP to continue working on intellectual property appellate issues, the firm announced Tuesday.
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June 11, 2024
Elon Musk Sued Anew In Del. Over $16B Tesla Stock Sale
A Tesla shareholder has hit Elon Musk with a lawsuit over his 2021 sale of $16 billion worth of stock just before his purchase of Twitter, claiming the billionaire profited by concealing his intent to buy the social media platform and made the purchase in part to reinstate former President Donald Trump's account.
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June 11, 2024
Wilson Sonsini-Led Yext Paying Up To $220M For Hearsay
Wilson Sonsini Goodrich & Rosati PC is advising Yext Inc. on a new agreement to acquire Latham & Watkins LLP-repped Hearsay Systems, a client engagement platform for financial services, for $125 million and up to an additional $95 million if certain performance metrics are hit.
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June 10, 2024
Privacy Law Needs Broader State Override, Trade Groups Say
Nearly two dozen business groups are calling on Congress to expand the preemption provisions in proposed legislation to give consumers more control over their personal information, arguing that the current draft "falls short" of creating a uniform national data privacy framework by failing to fully override the emerging state law patchwork.
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June 10, 2024
Microsoft Wants $242M IP Verdict Axed Or Cut To $1.9M
Microsoft has urged a Delaware federal judge to toss a $242 million jury verdict that found Microsoft's virtual assistant Cortana infringed a patent originally issued to a company that developed Apple's Siri software, arguing infringement wasn't proven and the "grossly inflated" award should at least be cut to $1.95 million.
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June 10, 2024
Debevoise Aims To Sink Cognizant Bribery Trial Subpoena
Debevoise & Plimpton LLP urged a New Jersey federal judge Monday to quash defendants' trial subpoena that would require a Debevoise partner to testify in an upcoming September criminal bribery trial against ex-Cognizant Technology Solutions's chief legal officer and another former executive, arguing that the testimony is subject to attorney-client privilege.
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June 10, 2024
Biz Defends $525M Data Storage Patent Win Against Amazon
Efforts by Amazon to dislodge a $525 million jury verdict are too late and amount to sour grapes, a small Chicago software company that won the amount has told an Illinois federal court.
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June 10, 2024
Health Data Co. Says Rival's Request Risks Patient Security
A healthcare data company pushed back against claims in Maryland federal court that it blocks a rival's access to nursing home patient data used to identify potential complications, saying the rival is asking to disable security measures that prevent attacks on its system.
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June 10, 2024
Apple IPhone Antitrust MDL Heads To NJ, Where DOJ Is Suing
Apple customers accusing the company of locking in iPhone users through anticompetitive agreements will have their cases consolidated in New Jersey, the U.S. Judicial Panel on Multidistrict Litigation ruled Friday, finding the parties can coordinate with the U.S. Department of Justice's enforcement action there to avoid duplicative discovery and inconsistent rulings.
Expert Analysis
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Key Issues Raised By Colorado's Brain Data Privacy Bill
Colorado recently became the first state to provide consumer privacy protections for data generated from a person's brain waves, and despite the bill’s ambiguity and open questions introduced, the new law has helped turn the spotlight on neurodata, says Sara Pullen Guercio at Alston & Bird.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Compliance Strategies To Mitigate 3 New Areas Of AI Risk
The era of artificial intelligence-assisted corporate crime is here, but several concrete mitigation strategies can allow companies to address the new, rapidly evolving threats posed by deepfakes, information barrier evasion and AI model manipulation, say attorneys at Debevoise.
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Exploring A New Era Of IP Law Amid The Rise Of Generative AI
Attorneys at Hogan Lovells explore the effects of generative artificial intelligence in three areas of intellectual property, recent updates and emerging trends, and its significance on the IP landscape now and moving forward.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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Perspectives
Criminal Defendants Should Have Access To Foreign Evidence
A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.
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How Cos. Can Prep For New Calif. Privacy Regulations
The California Privacy Protection Agency has been very active in the first quarter of 2024 and continues to exercise its rulemaking authority with proposed draft regulations, so retailers should prepare for California Consumer Privacy Act enforcement and figure out how best to comply, say attorneys at Dentons.
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Fed. Circ. Defines Foreign IP Damages, Raises New Questions
In Brumfield v. IBG, the Federal Circuit recently clarified which standard determines the extraterritoriality of the patent statute after the U.S. Supreme Court's WesternGeco decision, opening a new avenue of damages for foreign activities resulting from certain domestic activities while also creating some thorny questions, say Amol Parikh and Ian Howard at McDermott.
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9th Circ. Arbitration Ruling Could Have Int'l Implications
In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Deciding What Comes At The End Of WTO's Digital Tariff Ban
Companies that feel empowered by the World Trade Organization’s recent two-year extension of the ban on e-commerce tariffs should pay attention to current negotiations over what comes after the moratorium expires, as these agreements will define standards in international e-commerce for years to come, say Jan Walter, Hannes Sigurgeirsson and Kulsum Gulamhusein at Akin Gump.
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Opinion
Cyber Regulators Should Rely On Existing Sources Cautiously
New incident reporting rules proposed by the Cybersecurity and Infrastructure Security Agency illustrate how the use of definitions, standards and approaches from existing sources can create a complex patchwork of regulations, demonstrating that it is essential for agencies to be clear about expectations and not create unnecessary confusion, says Megan Brown at Wiley.
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Considering CGL Defense For Social Media Addiction Claims
A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.