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Technology
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June 04, 2024
Smartflash Says Patent Office Can't Hide Apple Docs
An inventor is arguing against the U.S. Patent and Trademark Office's bid to toss a D.C. federal court case challenging the office's redactions in documents regarding Patent Trial and Appeal Board reviews of patents at the center of his battle with Apple Inc.
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June 04, 2024
Legal Tech Co. Wants Ex-Exec's $1M Stock Suit Out Of NY
A former legal tech executive's lawsuit claiming she was sexually harassed, fired and then cut out of $1 million in stock options should be moved from New York to either Texas or arbitration, or dismissed entirely, her former colleagues said Tuesday, calling the allegations against them "vague and conclusory."
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June 04, 2024
Ex-Lumentum VP Traded On Merger Info, SEC Says
The former vice president of product line management at Lumentum has been accused by the U.S. Securities and Exchange Commission of using nonpublic information about a pending merger to trade stock during his time with the laser products company.
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June 04, 2024
Mondelez, BCLP Must Face Negligence Claims Over 2023 Breach
An Illinois federal judge has trimmed the majority of claims in proposed data privacy class actions brought by Mondelez workers against their employer and Bryan Cave Leighton Paisner LLP stemming from a 2023 data breach, although the company and law firm couldn't shake the cases entirely.
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June 04, 2024
Tech-Focused Firm Raises $460M Across 2 New Funds
Technology-focused investment firm and holding company WndrCo on Tuesday announced that it secured more than $460 million in new capital across two funds, a seed and a venture fund.
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June 04, 2024
Google Settles Suit Claiming It Pushed Out Older Men
Google reached a deal to resolve a suit from a former manager who claimed he was fired because the company wanted to oust older men in favor of young women, a filing in Texas federal court said.
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June 03, 2024
Ex-Autonomy CEO 'Had 500M Reasons' For Fraud, Jury Told
Autonomy's ex-CEO Michael Lynch "had 500 million reasons to defraud HP," since he reaped $500 million by selling his company to the tech giant at an inflated price, a federal prosecutor argued Monday during closings for the businessman's criminal trial, while Lynch's lawyer told jurors, "HP was not a victim."
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June 03, 2024
Self-Driving Tech Co. Beats Investor Suit Over Chip Pic Gaffe
Autonomous vehicle technology company Luminar Technologies Inc. no longer faces a proposed investor class action alleging it passed off an image of a competitor's technology as its own after a Florida federal judge found that the allegedly stolen image wouldn't actually be relevant to reasonable investors.
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June 03, 2024
TikTok Profits Off Of Child Sex Trafficking, Utah Alleges
Utah's Division of Consumer Protection hit TikTok Inc. with a lawsuit in state court Monday, accusing the social media giant of intentionally profiting off of child sex trafficking by implementing an unregulated virtual currency system in its live-streaming feature that allows children to be sexually exploited by adult viewers.
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June 03, 2024
Fifth Third Bank Sued Over 'Hidden' Cost Of Solar Panel Loans
Fifth Third Bank faces a proposed class action alleging that its solar panel financing business violated the federal Truth in Lending Act by failing to disclose that it keeps a significant portion of the cost of certain solar panel system purchases while telling consumers it was lending to them at a low interest rate.
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June 03, 2024
Patent Owner Says Facts Have Changed Since It Lost At ITC
A patent licensing company accusing HP of infringing old Panasonic patents is seeking to resume its suit in Texas federal court, arguing that an invalidity ruling it lost last month at the U.S. International Trade Commission doesn't hold up in district court.
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June 03, 2024
FTC Gets Backing Against Noncompete Rule Challenge
The Federal Trade Commission has received backing against a challenge of its new rule banning noncompete clauses, with a labor group, local lawmakers and others urging a Texas federal court not to prevent the rule from taking effect in September.
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June 03, 2024
Navy Federal Lets AI Co. Monitor Calls, Suit Says
Navy Federal Credit Union has been letting an artificial intelligence software company intercept, analyze and record all its customer calls, according to a new lawsuit accusing the nation's largest credit union of putting its members' confidential, personal and financial information at risk.
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June 03, 2024
IT Co. Says Blank Space Wrongly Cost It $10B Army Deal
An Ohio information technology company urged the U.S. Court of Federal Claims to have the U.S. Army reinstate its eligibility for a pending $10 billion U.S. Army procurement, saying it shouldn't have been booted for an empty pricing spreadsheet cell.
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June 03, 2024
Vietnamese EV Co. Hit With Investor Suit Over SPAC Merger
Vietnamese electric car manufacturer VinFast Auto and several executives have been hit with a proposed class action alleging they exaggerated the strength of VinFast's business model and prospects following a merger with a special-purpose acquisition company last year.
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June 03, 2024
Clear Rate Faces 4 New FCC Complaints Over 'Slamming'
Michigan-based Clear Rate Communications is yet again in the Federal Communications Commission's crosshairs over allegations of "slamming," with the commission ordering the company to wipe new customers' charges for the third time this year.
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June 03, 2024
Put Net Neutrality On Ice During Court Reviews, FCC Urged
Nine industry groups are calling on the Federal Communications Commission to delay making net neutrality rules effective until the federal appeals courts have a chance to review them, and to act quickly so the groups can seek a court order if needed.
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June 03, 2024
Software Group Says IP Quality, Not Quantity, Is The Goal
Making sure patent standards are up to snuff, using artificial intelligence when looking into whether patents are viable and having the Patent Trial and Appeal Board maintain high standards when reviewing patents are goals federal patent officials should focus on, according to a trade collective of software businesses.
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June 03, 2024
Treasury Aims To Salvage Corp. Transparency Act At 11th Circ.
The Corporate Transparency Act is a valid exercise of congressional authority to curb money laundering under the commerce clause and the necessary and proper clause in the Constitution, the U.S. Treasury Department told the Eleventh Circuit on Monday in a bid to restore the law's reporting requirements.
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June 03, 2024
Google Gets Amicus Boost In Fed. Circ. Battle With Sonos
Google's efforts to prevent the reinstatement of a $32.5 million patent infringement verdict won against it by wireless speaker company Sonos have found support in the Federal Circuit from business trade groups, public interest nonprofits and a former U.S. Patent and Trademark Office official.
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June 03, 2024
Public Stations Fight One-Size-Fits-All Definition Of Localism
The Federal Communications Commission might harm public TV stations if it applies the same definition of "locally originated content" to public outlets and its commercial counterparts, public broadcasting groups say.
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June 03, 2024
New Mexico AG Beats Meta's Bid To Toss Child Abuse Suit
Social media company Meta can't escape a lawsuit claiming sexual predators were allowed to abuse children on Facebook and Instagram, after a New Mexico state judge rejected Meta's claims for immunity under Section 230 of the Communications Decency Act.
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June 03, 2024
DOL Fights Injunction Bid In Data-For-Insurance Fight
The U.S. Department of Labor pushed back against two companies' permanent injunction bid in a lawsuit that had challenged a now-vacated finding from the agency that a data-for-insurance health plan offering wasn't covered by federal benefits law, arguing a Texas federal court should instead end proceedings in the case.
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June 03, 2024
Bookstores Can't Step Into FTC's Antitrust Fight With Amazon
A Washington federal judge on Monday declined to allow booksellers to intervene in the Federal Trade Commission's antitrust suit against Amazon to raise concerns about the digital retailer's book sales and agreements with publishers, but invited them to seek permission to file an amicus brief instead.
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June 03, 2024
Google Must Face Online Tax Filer's Privacy Suit
An Illinois woman who prepared her taxes online through H&R Block and then sued Google, claiming the search engine's tracking tool effectively eavesdropped on her confidential tax information, can move forward with her proposed class action, a California federal judge ruled Monday.
Expert Analysis
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Businesses Should Take Their AI Contracts Off Auto-Renew
When subscribing to artificial intelligence tools — or to any technology in a highly competitive and legally thorny market — companies should push back on automatic renewal contract clauses for reasons including litigation and regulatory risk, and competition, says Chris Wlach at Huge Inc.
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Del. Dispatch: Chancery's Evolving Approach To Caremark
Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.
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A GC's Guide To Multijurisdictional Regulatory Compliance
Overlapping cybersecurity regulation has created an increasingly fragmented regulatory landscape with elevated oversight for organizations across the globe, but general counsel can help develop a best-in-class approach to manage these complexities by building a compliance strategy holistically, say David Dunn and Meredith Griffanti at FTI Consulting.
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Global Bribery Probes Are Complicating FCPA Compliance
The recent rise in collaboration between the U.S. Department of Justice and foreign authorities in bribery enforcement can not only affect companies' legal exposure as resolution approaches vary by country, but also the decision of when and whether to disclose Foreign Corrupt Practices Act violations to the DOJ, say Samantha Badlam and Catherine Conroy at Ropes & Gray.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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When The Platform Is A Product, Strict Liability Can Attach
A New York state court's recent ruling in Patterson v. Meta, holding that social media platforms can be considered products, appears to be the first of its kind — but if it is upheld and adopted by other courts, the liability implications for internet companies could be incredibly far-reaching, say attorneys at Patterson Belknap.
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Key Takeaways From FDA Final Rule On Lab-Developed Tests
Michele Buenafe and Dennis Gucciardo at Morgan Lewis discuss potential consequences of the U.S. Food and Drug Administration's recently finalized rule regulating lab-developed tests as medical devices, and explain the rule's phaseout policy for enforcement discretion.
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Bankruptcy Courts Have Contempt Power, Del. Case Reminds
A Delaware bankruptcy court recently held Camshaft Capital and its principal in contempt, serving as a reminder to bankruptcy practitioners and anyone else that appears before a bankruptcy judge that there are serious consequences for failing to comply with court orders, say Daniel Lowenthal and Kimberly Black at Patterson Belknap.
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Measuring Early Impact Of Rule 702 Changes On Patent Cases
Since Federal Rule of Evidence 702 was amended to clarify the standards for admitting expert witness testimony five months ago, emerging trends in patent cases suggest that it may be easier to limit or exclude expert testimony, and hold key practice takeaways for attorneys, say Manuel Velez and Nan Zhang at Mayer Brown.
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Del. Ruling Highlights M&A Deal Adviser Conflict Disclosures
The Delaware Supreme Court recently reversed the Court of Chancery's dismissal of challenges to Nordic Capital's acquisition of Inovalon, demonstrating the importance of full disclosure of financial adviser conflicts when a going-private merger seeks business judgment rule review, say attorneys at Debevoise.
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8 Legal Issues Influencing Investors In The Creator Economy
The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.
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Key Antitrust Class Certification Questions Remain Unclear
The U.S. Supreme Court, by recently rejecting certiorari in Visa v. National ATM, turned down the opportunity to clarify how to analyze disputed evidence bearing on the certification of antitrust class actions, leaving the applicable standards unclear instead of resolving this split of authority, says Jonathan Berman at Jones Day.
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Action Steps To Address New Restrictions On Outbound Data
Companies should immediately assess all their data-based operations so they can consider strategies to effectively mitigate new compliance risks brought on by recently implemented transaction restrictions, including a Justice Department proposal and landmark data legislation, say attorneys at Wiley.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.