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Technology
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May 16, 2024
Olo Investor Sues In Chancery To Stop Raine Group Takeover
A shareholder in New York online food-ordering company Olo Inc. sued its officers, directors and largest stockholder in Delaware's Court of Chancery on Wednesday, alleging the board had approved a stock buyback program that would hand control of the company to its largest shareholder for no consideration.
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May 16, 2024
Meta Hit With EU Probe Over Child Safety Concerns
Meta was hit on Thursday with an investigation by the European Commission over concerns its Facebook and Instagram services could promote addictions in children.
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May 16, 2024
Siemens Selling Innomotics Unit To PE Firm KPS In $3.8B Deal
German tech conglomerate Siemens AG said Thursday it has agreed to sell its Innomotics large motors and drives unit to New York City-based private equity firm KPS Capital Partners at an enterprise value of €3.5 billion, or roughly $3.8 billion.
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May 15, 2024
Arizona AG Lobs Suits Over 'Deceptive' Amazon Practices
Arizona Attorney General Kris Mayes on Wednesday filed a pair of suits claiming that Amazon Prime's cancellation process and other features are deceptive, misleading and have led to higher prices for consumers.
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May 15, 2024
Blackbaud Dodges Data Breach Victims' Class Cert. Bid
A South Carolina federal judge has refused to certify several proposed classes consisting of roughly 1.5 billion patients, donors and other individuals whose personal information was allegedly swept up in a 2020 ransomware attack on software provider Blackbaud Inc., finding that the plaintiffs had failed to show that class members could be easily identified.
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May 15, 2024
DocuSign Investors Near Cert. In Post-COVID Prospects Fight
A California federal judge told counsel Wednesday he's inclined to certify a class of investors who allege DocuSign and its top brass misled investors about the e-signature company's post-pandemic growth prospects, saying DocuSign's challenges to the class-wide damages model seem premature, and the investors easily meet other class certification requirements.
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May 15, 2024
State Farm Can't Dodge TCPA Suit Over Robocalls
State Farm must face a proposed class action alleging it violated the Telephone Consumer Protection Act by using a third-party company to make automated telemarketing calls without prior consent, an Illinois federal judge has ruled, saying the suit states a plausible claim of the insurer's vicarious liability for the robocalls.
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May 15, 2024
Bolt Financial Cancels $37M In Shares To End CEO Loan Suit
Bolt Financial Inc. will cancel over $37 million in shares to settle a derivative suit against the company's board of directors that accuses its former CEO of purposely defaulting on a $30 million loan, according to a filing in Delaware's Court of Chancery.
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May 15, 2024
Del. Justices Ask: Do Attys Get Thinner Slice Of $1B Dell Pie?
A near record-breaking $266.7 million fee for stockholder attorneys who settled a Chancery Court class action against Dell Technologies Inc. for $1 billion had Delaware's Supreme Court raising questions Wednesday about how the state traditionally calculates attorney fee awards in large class action settlements.
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May 15, 2024
Fed. Circ. Backs Xerox Win In Printer Patent Case
The Federal Circuit has affirmed a New York federal judge's decision that handed Xerox Corp. a win in a suit claiming the company infringed a series of printer technology patents owned by a youth sports company.
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May 15, 2024
House Reauthorizes NTIA, But Agency Takes Heat From GOP
The U.S. House voted late Wednesday to reauthorize the National Telecommunications and Information Administration, hours after Republicans on a key oversight committee blasted the agency for its handling of the government's $42.5 billion broadband deployment effort.
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May 15, 2024
Don't Make Network Outage Reporting Mandatory, FCC Told
Telecommunications industry groups are telling the Federal Communications Commission that rules requiring mandatory broadband outage reporting would burden small and rural providers and potentially distract from outage response.
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May 15, 2024
En Banc 9th Circ. Will Mull Jurisdiction In Shopify Privacy Suit
The Ninth Circuit agreed to review en banc a panel's decision dismissing a suit alleging payment processing company Shopify collects shoppers' sensitive information without permission, after the plaintiff argued the full court should hear the case to resolve how to assess personal jurisdiction in online misconduct cases.
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May 15, 2024
Tesla Must Face Trimmed 'Full Self-Driving' False Ad Suit
Tesla can escape warranty claims in an amended proposed class action alleging the electric automotive giant deceived drivers into falsely believing that its cars can fully pilot themselves, a California federal judge ruled Wednesday, but it must face fraud- and negligence-based claims related to representations made about the vehicles' hardware.
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May 15, 2024
Caltech Makes A Deal With Dell, Ending Another Patent Suit
The California Institute of Technology has reached a settlement in its patent lawsuit against Dell Technologies Inc., the latest deal the school has cut in suits over its data transmission patents in the years after its $1.1 billion verdict against Apple Inc. crashed at the Federal Circuit.
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May 15, 2024
House Panel Advances Tax-Exempt Org Oversight Bills
The House Ways and Means Committee approved a package of bills Wednesday that would increase scrutiny of foreign donations to tax-exempt organizations, including legislation that would require those organizations to publicly report the donations.
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May 15, 2024
Arizona Judge Revives Opendoor Investors' Securities Suit
An Arizona federal judge has revived a consolidated securities class action accusing real estate company Opendoor Technologies Inc. of misleading investors about the benefits of its pricing algorithm software in order to go public in a reverse merger with a special-purpose acquisition company.
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May 15, 2024
Metropolis, SP Plus Get Rare Early End To $1.5B Deal Probe
The U.S. Department of Justice has agreed to a rare early termination of its review of payments tech company Metropolis Technologies Inc.'s planned $1.5 billion deal for parking and logistics provider SP Plus Corp., after previously requesting additional information about the transaction.
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May 15, 2024
FCC Could Require ISP Reports On Internet Routing Security
The Federal Communications Commission will vote on a plan next month to require the largest broadband providers to file confidential reports on security of the internet's main routing technology, the Border Gateway Protocol.
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May 15, 2024
2nd Circ. Backs AT&T's Win In Retirees' Early Benefits Suit
The Second Circuit declined Wednesday to undo a win for AT&T in a proposed class action brought by two retirees who sought retroactive pay after finding out they could have applied for retirement benefits earlier, ruling the denial of their bid for backdated benefits was on solid ground.
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May 15, 2024
Tesla Fires Back At Claims It Bullied Retired Law Professor
Tesla has pushed back against allegations that it tried to bully a retired law professor out of weighing in on an investor suit over CEO Elon Musk's $56 billion compensation plan, according to new filings in Delaware.
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May 15, 2024
House-Passed FAA Reauthorization Bill Now Heads To Biden
The U.S. House of Representatives on Wednesday approved multiyear legislation reauthorizing the Federal Aviation Administration's safety and airport improvement programs, sending to President Joe Biden a package that would hire more air traffic controllers and enhance passenger protections amid high-profile aviation industry mishaps.
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May 15, 2024
School, Library Advocates Oppose 'Eyes On The Board Act'
Tying E-rate funds to a school's willingness to restrict students' social media access while at school is a bad idea, a quartet of school and library advocates are telling Senate leaders in response to a bill that would do just that.
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May 15, 2024
Brothers Stole $25M Of Crypto In 12 Seconds, Feds Say
Two Massachusetts Institute of Technology-educated brothers were charged with orchestrating a first-of-its-kind cryptocurrency heist that allowed them to siphon virtual tokens worth around $25 million from Ethereum blockchain users within just 12 seconds, an indictment unsealed Wednesday said.
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May 15, 2024
Buchalter Starts Fintech And AI Practice With New Seattle Hire
Buchalter PC announced that it hired the former chief legal officer at mortgage-focused fintech company Sagent as a Seattle-based shareholder and chair of its newly launched fintech and artificial intelligence practice group.
Expert Analysis
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A Look At Ex Parte Seizures 8 Years Post-DTSA
In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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AI In The Operating Room: Liability Issues For Device Makers
As healthcare providers consider medical devices that use artificial intelligence — including systems to help surgeons make decisions in the operating room — and lobby to shift liability to device manufacturers, companies making these products must review potential product liability risks and important design considerations for such equipment, say attorneys at Troutman Pepper.
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10 Years After Alice, Predictability Debate Lingers
A decade after the U.S. Supreme Court’s Alice ruling, critics continue to argue that the subject matter eligibility framework it established yields inconsistent results, but that contention is disproved by affirmance data from the Federal Circuit, district courts and the Patent Trial and Appeal Board, say Dennis Abdelnour and David Thomas at Honigman.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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4 Ways AI Tools Can Improve Traditional Merger Analyses
Government officials at the American Bar Association's annual antitrust spring meeting last week reinforced the view that competition cases will increasingly rely on sophisticated data analysis, so companies will likewise need to use Big Tech quantitative techniques to improve traditional merger analyses, say Patrick Bajari, Gianmarco Calanchi and Tega Akati-Udi at Keystone.
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How Companies Can Use Big Data As A Strategic Asset
Artificial intelligence technology powered by big data has the potential to create radical improvements to business operations, but if big data is improperly protected or monetized, this same information can give competitors similar advantages, or at the very least undermine a company's edge, say Gary Weinstein and Hudson Peters at Faegre Drinker.
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Oracle Ruling Underscores Trend Of Mootness Fee Denials
The Delaware Chancery Court’s recent refusal to make tech giant Oracle shoulder $5 million of plaintiff shareholders' attorney fees illustrates a trend of courts raising the standard for granting the mootness fee awards once ubiquitous in post-merger derivative disputes, say attorneys at Troutman Pepper.
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Circumstantial Evidence Requires A Pointillist Approach
Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.
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Cos. Should Mind Website Tech As CIPA Suits Keep Piling Up
Businesses should continue evaluating their use of website technologies and other data-gathering software and review the disclosures in their privacy policies, amid an increase so far in 2024 of class actions alleging violations of the California Invasion of Privacy Act's pen register and trap-and-trace provisions, say attorneys at Sheppard Mullin.
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3 Tech Sourcing Best Practices That Are Relevant For AI
It might be tempting to think that sourcing artificial intelligence tools requires a completely new set of skills, but the best practices that lead to a good deal are much the same as traditional technology procurement, says Mia Rendar at Pillsbury.
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The Pros And Cons Of NIST's Proposed March-In Framework
Recent comments for and against the National Institute of Standards and Technology’s proposed guidance on march-in rights — which permit the government to seize federally funded patents — highlight how the framework may promote competition, but could also pose a risk to contractors and universities, say Nick Lee and Paul Ragusa at Baker Botts.
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Comparing Corporate Law In Delaware, Texas And Nevada
With Elon Musk's recent decision to reincorporate his companies outside of Delaware, and with more businesses increasingly considering Nevada and Texas as corporate homes, attorneys at Baker Botts look at each jurisdiction's foundation of corporate law, and how the differences can make each more or less appealing based on a corporation's needs.
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Opinion
Federal MDL Rule Benefits From Public Comments
The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.
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Tips For Orgs Defending Against Daniel's Law Claims
With Daniel's Law recently amended to require courts to award statutorily defined damages to aggrieved parties, organizations should identify whether they are subject to the law and ensure they have implemented a comprehensive compliance program to better avoid litigation costs and reputational harm, say attorneys at Thompson Hine.