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May 16, 2025
Off The Bench: NIL Objectors, NFL's Bluesky Beef, Dick's Deal
In this week's Off The Bench, the NCAA's pending $2.78 billion name, image and likeness rights settlement faces another round of objections, the NFL shreds an antitrust suit accusing it of boycotting Bluesky and retail giant Dick's Sporting Goods makes a 10-figure splurge for Foot Locker.
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May 16, 2025
Colo. Consultancy Says Company Ripped Off AI Tool Name
A business consulting services company sued a software development company in Colorado federal court Thursday for allegedly ripping off the trademarked name for its artificial intelligence "change management" tool for its own AI software solutions.
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May 16, 2025
Judge Blocks Energy Department's Cap On Research Costs
A Boston federal judge blocked a U.S. Department of Energy policy capping research costs, saying the suit was "far from identical" to another case in which the U.S. Supreme Court rejected a challenge to education grant cuts.
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May 16, 2025
Taxation With Representation: Blakes, Davies, Goodmans
In this week's Taxation With Representation, Charter Communications Inc. merges with Cox Communications, Hub International Ltd. boosts its valuation after securing an investment, Pan American Silver Corp. acquires Mag Silver Corp. and Robinhood buys WonderFi.
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May 16, 2025
DC Circ. Orders Closer Look At FTC's $5B Meta Privacy Deal
A D.C. Circuit panel ordered a lower court on Friday to take another look at the Federal Trade Commission's bid to modify a $5 billion privacy deal with Meta after the court found it lacked jurisdiction to review the changes the first time around.
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May 16, 2025
Wachtell, Latham Steer $34.5B Charter, Cox Cable Mega Deal
Charter Communications Inc. said Friday it has agreed to acquire Cox Communications in a $34.5 billion deal that would create a dominant force in U.S. broadband, mobile and video services — and will test the Trump administration's role in reshaping telecom competition.
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May 15, 2025
J&J Unit's Economist Rips Rival's $147M Antitrust Damage Bid
Biosense Webster's economic expert took the stand Thursday in California federal court to criticize Innovative Health's claim it suffered $147 million in damages from Biosense's policy withholding clinical support to hospitals using third-party reprocessed catheters, arguing Innovative lost nothing and saved on clinical support costs it otherwise would've incurred.
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May 15, 2025
DC Circ. Questions Exchanges' Challenge To SEC Fee Caps
A D.C. Circuit panel expressed skepticism on Thursday of stock exchanges' arguments that the U.S. Securities and Exchange Commission exceeded its authority when it approved across-the-board caps on exchange fees tied to new rules aimed at reducing trading costs.
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May 15, 2025
Zuckerberg Can't Avoid Deposition In Meta Health Privacy Suit
A California federal judge on Wednesday refused to rethink her earlier order forcing Meta CEO Mark Zuckerberg to give a limited deposition in privacy litigation over a Facebook tool's alleged collection of patient health information, rejecting Meta's arguments that other executives are better suited to testify.
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May 15, 2025
Student Clearinghouse Gets Final OK For $10M Breach Deal
A Massachusetts federal judge has granted final approval to National Student Clearinghouse's proposed $9.95 million settlement resolving allegations that the student data company's lax security practices exposed Social Security numbers and personal information in the hack of Progress Software's MOVEit file transfer tool.
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May 15, 2025
Trump Media Pushes Presidential Immunity In Del. Hearing
President Donald Trump's social media company on Thursday continued to urge the Delaware Chancery Court to, at a minimum, pause a lawsuit brought by investors alleging that the platform going public cheated them out of their shares, arguing that "the power to sue the president, is the power to destroy the presidency."
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May 15, 2025
TikTok's Friends Features 'Set Off Alarm Bells' At Facebook
The head of Facebook echoed the testimony of other Meta Platforms Inc. executives who've described TikTok as their chief competitor on Thursday, pushing back against Federal Trade Commission monopolization claims by arguing in D.C. federal court that both social media giants have responded to competition from the other.
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May 15, 2025
Coinbase May Avoid BiT Global's $1B Antitrust Suit, For Now
A California federal judge indicated Thursday she'll likely toss a $1 billion antitrust case against Coinbase claiming the cryptocurrency exchange delisted BiT Global after launching a competing "wrapped" bitcoin product for trading on decentralized exchanges, saying the suit didn't plausibly allege that Coinbase gave false justifications for dropping the rival.
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May 15, 2025
GOP Senators Say Gov't Should Ban Chinese Co.'s Routers
More than a dozen Republican senators have come together to urge the U.S. Department of Commerce to block the sale of Chinese-owned router-maker TP-Link's products in the United States, citing their growing fears about Chinese-made technology being used for espionage.
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May 15, 2025
LG Cheats Buyers By Starting Warranties Early, Suit Says
LG Electronics is cheating consumers and breaking California's consumer warranty law by starting warranty periods at the dates consumers buy the appliance company's products and not when products are delivered, two California residents alleged in a putative class action filed Wednesday.
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May 15, 2025
Wayfair IT Contract Claims Must Be Arbitrated, Court Hears
An information technology firm has told a Texas federal judge that another IT provider must arbitrate its fraud suit against the firm stemming from their contract to provide software and hiring services to online retailer Wayfair LLC.
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May 15, 2025
Google Leads In Filing The Most AI Patent Applications
Google is outpacing other Big Tech companies like Microsoft and IBM in filing patent applications in the artificial intelligence space, both globally and in the U.S., according to a new report.
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May 15, 2025
Semiconductor Co. Fights Investors' Pandemic Demand Suit
Semiconductor maker STMicroelectronics has urged a federal judge to boot an investor suit alleging the company and its executives failed to predict pandemic-related demand declines, arguing the suit is flawed with "fraud-by-hindsight" logic.
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May 15, 2025
Anthropic's Atty Says Client's Own AI Created Error In Filing
A Latham & Watkins LLP associate representing Anthropic in the artificial intelligence company's copyright fight with music publishers said Thursday that she used Anthropic's own Claude.ai tool to help draft an expert's declaration that included an erroneous citation, but she argued the error was "an honest citation mistake and not a fabrication of authority."
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May 15, 2025
DC's Amazon Antitrust Trial To Be Bumped Deeper Into 2027
The District of Columbia's antitrust suit accusing Amazon of not allowing sellers to offer their products for less on other platforms will probably not make it to trial until closer to mid-2027, after the parties told a D.C. judge Thursday that the original January 2027 trial date would have to be moved back.
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May 15, 2025
Live Nation's Atty Fails To 'Move The Needle' In Discovery Bid
A California federal judge appeared likely Thursday to stick with his tentative ruling that Live Nation's ticketing rivals can protect documents they say could facilitate the very conduct at issue in an antitrust case, telling an attorney for the company his arguments did not "move the needle."
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May 15, 2025
Broadcasters, Wireless Biz Square Off Over 6 GHz Changes
Big Tech is defending the Federal Communications Commission's move to open the 6 gigahertz band to unlicensed wireless devices, calling attacks from broadcasters "meritless" and saying they've been "debunked" numerous times already.
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May 15, 2025
SEC Focused On 'Rooting Out' AI Abuse, Agency Atty Says
The U.S. Securities and Exchange Commission is focused on "rooting out" the misuse of artificial intelligence by brokerage firms and publicly traded companies, a California audience heard Thursday as agency attorneys tried to combat the perception that the SEC's enforcement arm has gone silent.
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May 15, 2025
Apple Accused Of False IPhone AI Promises In 50-State Suit
Apple pulled a bait-and-switch on phone buyers when it promised that new artificial intelligence features would be available on the iPhone 16, despite knowing it hadn't yet developed those features, according to a sprawling proposed class action that brings claims under consumer protection laws in all 50 states.
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May 15, 2025
Battery Recycler Cites 'Green' Funding Uncertainties In Ch. 15
Lithium battery recycler Li-Cycle asked a New York bankruptcy judge to recognize its Canadian insolvency, saying the current political climate has made investors wary of infusing money needed to tap a $475 million U.S. federal loan.
Expert Analysis
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Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale
The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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How Courts Weigh Section 1782 Discovery For UPC Cases
A look at cases from six different federal district courts reveals a number of discretionary factors that influence how courts consider Section 1782 discovery applications in connection with Unified Patent Court proceedings, say attorneys at Finnegan.
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How Calif., NY Could Fill Consumer Finance Regulatory Void
California and New York have historically taken the lead in consumer financial protection, and both show signs of becoming even more active in this area during the second Trump administration amid an enforcement pullback at the federal level, say attorneys at Sidley.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Unpacking FTC's New Stance On Standard-Essential Patents
Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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Bid Protest Spotlight: Instructions, Price Evaluation, Standing
In this month's bid protest roundup, Caitlin Crujido at MoFo looks at three recent decisions that consider a contractor's attempt to circumvent unambiguous solicitation instructions, the fairness of an agency's price evaluation and whether a protestor that would be unable to perform even if sucessful has standing.
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5 Ways Banking Has Changed In 5 Years Since COVID
Since the start of the pandemic five years ago, technology, convenience and shifting expectations have transformed compliance for the financial services industry in several key ways, from the shrinking role of the traditional bank branch to the rise of fintech and mobile payments, says Christopher Pippett at Fox Rothschild.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Mastering The New TCPA Opt-Out Regulations
On April 11, the Federal Communications Commission's new rules concerning the handling of opt-out requests for robocalls and text messages became effective, so companies should prioritize high-value messaging, offer consumers regular opportunities to reconsent to communications, and more, says Aaron Weiss at Carlton Fields.
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A Look At M&A Trends In An Uncertain Deal Environment
Dealmakers are adopting more cautious and deliberate merger and acquisition practices, such as earnout agreements, joint ventures and strategic partnerships that mitigate risk and bridge valuation gaps, amid the slower pace so far in 2025, says Louis Lehot at Foley & Lardner.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.