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Technology
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May 23, 2024
TikTok, YouTube Must Produce European Privacy Data In MDL
A California federal magistrate judge overseeing discovery in multidistrict litigation over whether social media platforms' design is addictive ordered TikTok and YouTube on Thursday to give American personal injury plaintiffs certain technical documents regarding the companies' safety features implemented in Europe and Australia, which have tougher consumer privacy laws.
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May 23, 2024
Ex-Autonomy CEO Lynch Takes Stand In 'Surreal' Fraud Trial
Autonomy founder Michael Lynch took the stand Thursday in a criminal trial in California federal court over claims he lied to HP about his software company's financial health before the tech giant paid $11.7 billion for it in 2011, saying the trial has been "surreal" and he didn't set out to defraud HP.
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May 23, 2024
House Panel Moves Data Privacy Bill, While Vowing Revisions
A U.S. House of Representatives subcommittee on Thursday advanced a bipartisan proposal to create a nationwide framework for how companies use and share consumers' personal information, despite lawmakers on both sides of the aisle acknowledging that more work needs to be done to further refine the measure.
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May 23, 2024
AdTech Co. Faces Suit As Google's Cookie Support Crumbles
Advertising company Direct Digital Holdings Inc. faces a proposed investor class action alleging it mismanaged its response to an impending major technological change affecting how digital advertisers can target consumers.
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May 23, 2024
Judge Won't Strike $12.5M Suit Over LifeWallet Software
A Florida judge refused Thursday to strike a lawsuit accusing John Ruiz and his company, MSP Recovery, of failing to pay $12.5 million promised for LifeWallet software, finding that Ruiz had not met his burden of showing the lawsuit was a sham.
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May 23, 2024
DOJ Has A Long Set To Play Against Live Nation-Ticketmaster
The U.S. Department of Justice antitrust lawsuit announced Thursday against Live Nation and Ticketmaster's dominance over performing artists, venues and tickets may have been 14 years in the making, but it still has a long road ahead in New York federal court.
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May 23, 2024
Joint Venture Says Defense Agency Errors Thwarted Contract
An Alabama joint venture hauled the U.S. government into the U.S. Court of Federal Claims, alleging it was shut out of a Missile Defense Agency deal due to multiple errors the agency made when assessing the joint venture.
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May 23, 2024
'I Just Don't Buy It': Judge Rips Google's Injunction Argument
A California federal judge considering the scope of a potential injunction against Google following Epic Games' antitrust jury trial win told Google's economist Thursday that the tech giant keeps arguing that more app store options for consumers will create a "terrifying world of chaos and anarchy," but "I just don't buy it."
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May 23, 2024
Old Case Can't Nix $181M AT&T, Nokia Verdict, Fed. Circ. Told
Finesse Wireless LLC pushed back at the Federal Circuit against AT&T and Nokia's appeal of a more than $181 million verdict in Texas federal court for infringing Finesse's patents on reducing radio frequency interference, saying the companies' reliance on a 140-year-old Supreme Court case was misplaced.
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May 23, 2024
FTX Judge Declines To Undo Ch. 11 Digital Claim Estimation
The judge overseeing the Chapter 11 case of cryptocurrency exchange FTX Trading Ltd. on Thursday denied a request to vacate an earlier ruling allowing the debtor to estimate the claims of creditors holding digital assets based on their petition date value, saying the party seeking to undo the order had not provided any new evidence to justify the action.
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May 23, 2024
Skadden-Led Hg Buys Risk Platform Co. AuditBoard For $3B
Cooley LLP-advised AuditBoard Inc. on Thursday announced that it has agreed to be bought by European software and services business investor Hg Capital, guided by Skadden Arps Slate Meagher & Flom LLP, in a deal valued at over $3 billion.
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May 23, 2024
House Panel Pushes AM Radio Bill Forward
Lawmakers on both sides of the aisle came together to bump a popular proposal to prevent automakers from removing AM radios from their vehicles through to the full committee, with the bill sailing through markup Thursday morning.
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May 23, 2024
Resignation Letter Bylaws Targeted In Five Del. Class Actions
General Motors Co. is among the latest targets of new bylaw-focused litigation from Abbott Cooper PLLC and Block & Leviton LLP, one of five companies in a series of lawsuits in Delaware's Chancery Court that seek to invalidate an "irrevocable resignation requirement" in company bylaws.
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May 23, 2024
Apple Investor Again Seeks Green Light For $490M Settlement
An Apple Inc. investor has asked a California federal judge to revisit a $490 million settlement deal that would end claims the tech giant misled investors about iPhone sales in China, telling the court that it had addressed the judge's critique that parts of the relevant filings were "convoluted."
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May 23, 2024
Feds Score Discovery Pause In SEC Suit Against CoinDeal
A Michigan federal judge on Thursday granted the federal government's motion to intervene and stay discovery in a U.S. Securities and Exchange Commission suit alleging a group of individuals and businesses duped investors out of more than $45 million through a CoinDeal investment fraud scheme.
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May 23, 2024
FCC Aims To Reduce Risk From China-Controlled Test Labs
The Federal Communications Commission pushed Thursday for new rules to prevent foreign adversaries, mainly the Chinese Communist Party, from playing a role in testing and certifying communications equipment in the U.S. market.
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May 23, 2024
AT&T Stands To Gain Billions From 4.9 GHz, Report Says
A group representing Verizon and T-Mobile is renewing its effort to stop AT&T-affiliate FirstNet from gaining further control of the 4.9 gigahertz public safety band, this time arguing that AT&T stands to gain over $3 billion worth of spectrum if the Federal Communications Commission extends FirstNet's authority.
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May 23, 2024
Man Behind NH Primary Deepfake Faces Charges, FCC Fines
The Democratic consultant accused of making robocalls with a cloned voice of President Joe Biden discouraging voters from taking part in the New Hampshire primary faces a state indictment on 13 felony voter suppression charges and $6 million in potential federal fines.
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May 23, 2024
Just 57% Of Complex Global Deals Closed Since 2020
About 43% of complex cross-border global deals have failed to close since the start of 2020, while the remaining 57% did close but were highly likely to involve remedies, according to a new report from Weil Gotshal & Manges LLP.
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May 23, 2024
NFL Says Unsolicited-Text Suit Belongs In Arbitration
The NFL wants to force into arbitration a lawsuit filed by a New York woman frustrated with her inability to stop unwanted text messages from the football organization, citing a binding agreement she consented to when registering to receive notifications about the 2023 draft.
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May 23, 2024
Virtual Reality Startup's $150M SPAC Merger Is Scrapped
Blank-check company Maquia Capital Acquisition Corp. and virtual reality software provider Immersaid have mutually agreed to cancel their planned merger that would have taken Immersed public at an estimated $150 million valuation.
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May 23, 2024
DOJ Sues Live Nation 14 Years After Ticketmaster Deal
The U.S. Department of Justice sued Live Nation Thursday over the 2010 agreement clearing the concert promotion giant's purchase of Ticketmaster, an oft-maligned deal that enforcers now want to unwind and that is blamed for fiascoes like the meltdown of ticket sales for Taylor Swift's Eras tour.
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May 22, 2024
Neb. Takes Aim At TikTok For 'Exploiting' Teen Users
Nebraska's attorney general has become the latest to accuse TikTok of operating a service that is addictive and harmful to teens, alleging in a complaint filed in state court Wednesday that the popular video-sharing site has misled consumers about how safe and appropriate the platform is for minors.
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May 22, 2024
Ex-Google Manager Says He Lost Job For Reporting Nepotism
A former Google senior manager has sued the search giant in California state court, claiming he was fired for reporting on superiors using their positions to secure sought-after spots for their children in Google's apprentice program.
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May 22, 2024
Salesforce Gets Texas Judge To Move Patent Suit To California
For at least the second time in a week, a federal judge in Austin, Texas, has explained why he has shipped a patent lawsuit from his court to the Northern District of California — this time in a case brought by a bankrupt startup against one of Salesforce's brands.
Expert Analysis
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USCIS Fee Increases May Have Unintended Consequences
U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.
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Del. Segway Dismissal Suggests Execs Not Liable For Biz Risk
While the debate continues within the Delaware Chancery Court over whether Caremark liability applies to matters of pure business risk, the court's recent rejection of Segway’s suit against the ex-president who oversaw financial difficulties suggests the court is uninterested in undermining the deference the business judgment rule grants corporate fiduciaries, say attorneys at Dechert.
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Navigating The FCC's Rules On AI-Generated Robocall Voices
The Federal Communications Commission's declaratory ruling issued last week extends the agency's regulatory reach under the Telephone Consumer Protection Act to calls that use artificial intelligence technology to generate voices, laying out a compliance roadmap, but not making AI-cloned voices in robocalls illegal per se, say attorneys at Wiley Rein.
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Generative AI Raises IP, Data Protection And Contracts Issues
As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.
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Exporters Should Approach Self-Disclosure With Caution
A January Bureau of Industry and Security memorandum created an abbreviated process for disclosing export control violations that lack aggravating factors, but deciding which disclosure method to utilize remains a complex strategic undertaking to which companies must give careful consideration, say attorneys at Covington.
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Is Compulsory Copyright Licensing Needed For AI Tech?
The U.S. Copyright Office's inquiry into whether Congress should establish a compulsory licensing regime for artificial intelligence technologies that are trained on copyrighted works has received relatively little attention — but commenters recently opposed the regime under three key themes, say Michael Kientzle and Ryan White at Arnold & Porter.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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How Recent Laws Affect Foreign Purchase Of US Real Estate
Early diligence is imperative for U.S. real estate transactions involving foreign actors, including analysis of federal and state foreign investment laws implicated by the transaction, depending on the property's nature and location, the parties' citizenship, and the transaction's structure, say Massimo D’Angelo and Anthony Rapa at Blank Rome.
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Freight Forwarders And Common Carriers: Know Your Cargo
Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.
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Debt Collector Compliance Takeaways From An FDCPA Appeal
A Consumer Financial Protection Bureau amicus brief last month in an ongoing First Circuit appeal focusing on an interpretation of the Fair Debt Collection Practices Act can serve as a reminder for debt collectors to understand how their technologies, like bankruptcy scrubs and letter logic, can prevent litigation, says Justin Bradley at Womble Bond.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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The Latest Antitrust Areas For In-House Counsel To Watch
The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.
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Despite Risks, AI Is A Worthy Tool For Healthcare Industry
Artificial intelligence appears to provide a productive path forward for the healthcare industry, improving economic and human health outcomes, though companies must continue to address certain technology and compliance pain points, says Sarah Abrams at Bowhead Specialty Underwriters.
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Key Considerations For Evaluating An AI Vendor
As artificial intelligence technology advances across industries, businesses can mitigate risks, while maximizing the value of their investment, by evaluating technology, expertise, support services, transparency and more when selecting an AI vendor, say Rahul Kapoor and Shokoh Yaghoubi at Morgan Lewis.
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3 Administrative Law Lessons From 5th Circ. Appliance Ruling
Showing that mundane details can be outcome-determinative, the Fifth Circuit's recent decision in Louisiana v. U.S. Department of Energy — that the government's repeal of rules affecting dishwashers and laundry machines is invalid — highlights the relationship between regulatory actions and statutory language, say Michael Showalter and Vyasa Babu at ArentFox Schiff.