Technology

  • February 07, 2023

    Samsung Says Insurer Shorted Chip Plant On $400M Uri Claim

    A Samsung unit sued Factory Mutual Insurance Co. over more than $400 million in Winter Storm Uri-related damage to its Texas semiconductor chip manufacturing facility, accusing the insurer of scheming to systematically lowball claims stemming from the February 2021 storm.

  • February 07, 2023

    NC Bottling Co. Wants $11M Win Over No-Shows In Scam Suit

    A North Carolina bottling company and its lender want an $11 million default judgment on their claims they were duped by a $55 million loan scheme, telling a federal judge those they're suing aren't showing up in court.

  • February 07, 2023

    Amazon And Apple Want Resale Deal Antitrust Suit Tossed

    Amazon and Apple asked a Washington federal court to throw out a proposed consumer class action claiming the companies eliminated nearly all third-party Apple resellers on Amazon's marketplace when the companies agreed to sell Apple devices on Amazon at up to 10% discounts, arguing that even if all the consumers' claims were true, it still doesn't prove the companies acted unlawfully.

  • February 07, 2023

    Kramer Levin Attorney's 'Baseless Attacks' Earn PTAB Block

    The Patent Trial and Appeal Board on Tuesday blocked a Kramer Levin Naftalis & Frankel LLP managing partner from representing Centripetal Networks in a patent challenge, citing his 2021 sanctions for baselessly accusing Amazon of relying on antisemitism to win over a jury.

  • February 07, 2023

    Vidal Tells PTAB To Rethink If Samsung Challenge Is Too Late

    U.S. Patent and Trademark Office Director Kathi Vidal has ordered the Patent Trial and Appeal Board to reconsider whether Samsung Electronics Co. Ltd. waited too long to challenge a memory module-related patent held by Netlist Inc., finding that the board used "limited evidence" when it ruled that a relationship between Samsung and Google Inc. didn't make the case time-barred.

  • February 07, 2023

    SEC Small Biz Panel Fears Private Fund Rules Will Overreach

    A small-business focused U.S. Securities and Exchange Commission panel Tuesday urged regulators to tread carefully before enacting new rules governing private fund advisers, worried that a proposal intended to protect investors could unintentionally harm smaller companies.

  • February 07, 2023

    6th Circ. Says Worker's OT Defense Doesn't Invoke Arbitration

    An Ohio district court correctly denied a logistics company's bid to have an arbitrator look into a former employee's accusation that it misclassified him as overtime-exempt, the Sixth Circuit ruled, saying the worker raised that argument as a defense, not an arbitrable claim.

  • February 07, 2023

    FCC Called To Get Started On Next Alaska Plan

    Several Alaskan telecom carriers have called on the Federal Communications Commission to kickstart the development of a new 10-year plan for fixed and mobile broadband deployment across the state.

  • February 07, 2023

    Apple Says UK Watchdog Fixes Would Make It Android 'Clone'

    Apple told the United Kingdom's competition authority that changes to its iOS proposed by enforcers in their mobile browser and cloud gaming investigation would remove important points of rivalry with Google's Android.

  • February 07, 2023

    House Transpo Panel Laments Safety Gaps In FAA Bill Hearing

    Recent near-misses at airports, technological gaps and workforce shortages are among the chief safety concerns that aviation industry stakeholders urged Congress to prioritize when it negotiates legislation to renew funding for the Federal Aviation Administration this year.

  • February 07, 2023

    FCC Urged To Beef Up 'Connect America' Rural Programs

    Rural carriers are pressing the Federal Communications Commission to increase financial support to providers in exchange for deploying higher internet speeds in more locations.

  • February 07, 2023

    Fed. Circ. Won't Pause Nimitz Probe For Appeal To High Court

    Nimitz Technologies LLC cannot get a pause on what it calls a Delaware federal judge's "inquisition" into its business practices while it appeals that investigation to the U.S. Supreme Court, the Federal Circuit ruled Tuesday.

  • February 07, 2023

    Former Nuix CEO Can't Get $183M In Options

    E-discovery software provider Australia-based Nuix Pty Ltd. won't have to pay its former CEO $183 million in options, after the Federal Court of Australia said Tuesday those options would only be available if the company was sold.

  • February 07, 2023

    ROSS Can't Hide Behind Fair Use, Thomson Reuters Says

    Legal services company ROSS Intelligence has fallen short of showing that it engaged in fair use when it created a database that Thomas Reuters alleges illegally used its law database, Westlaw, without permission or compensation, the media conglomerate argued to a Delaware federal court in a filing.

  • February 07, 2023

    Chancery Bomb Has Companies Clearing Billions In 'Shrapnel'

    A seemingly routine Delaware Chancery Court decision about a stockholder vote on a share increase has suddenly blown up confidence in billions worth of publicly traded securities, leaving a growing number of corporations to try to "clean up the shrapnel" with a decade-old statutory tool.

  • February 07, 2023

    FCC Republican Backs Bill To Disclose Chinese Gov't Ties

    The Federal Communications Commission's senior Republican has announced support for bipartisan legislation that would require the agency to publish a list of every entity that holds an FCC license or authorization that has substantial ties to authoritarian regimes, including the Chinese Communist Party.

  • February 07, 2023

    Chinese Tax Service Provider Trading Down After $16M IPO

    Shares of Lichen China, which provides financial and tax services in China, were trading down Tuesday after the company raised $16 million in an undersized initial public offering that sold 4 million shares at $4 apiece.

  • February 07, 2023

    Feds Want Red Sox Network's Suit Paused Amid Fraud Case

    Prosecutors on Tuesday urged a Massachusetts federal judge to pause a civil suit between the broadcast network of the Boston Red Sox and a former employee as they pursue criminal charges claiming the onetime executive stole $575,000 from the company.

  • February 07, 2023

    Software Co. Says Trade Secrets Verdict 'Skyscraper Of Cards'

    Software company Pegasystems has made its opening case to a Virginia state appeals court that the $2.09 billion trade secrets verdict in favor of rival Appian Corp. was so rife with problems that it "had the structural integrity of a skyscraper of cards."

  • February 07, 2023

    Booz Allen's First Litigation Director Rejoins Dentons In DC

    Dentons has rehired a former partner in its Washington, D.C., office who most recently was associate general counsel and director of litigation for Booz Allen Hamilton Inc., the firm announced Monday.

  • February 07, 2023

    Masimo Rolls Back Board Control Shields Targeted In Del. Suit

    Faced with a sudden court setback, Masimo Corp. has quietly rolled back bylaw amendments targeted by a hedge fund's Delaware Court of Chancery suit accusing the medical monitoring device giant of adopting improper and costly poison pill and change of control measures.

  • February 07, 2023

    Ex-Coinbase Employee Cops To Insider Trading

    A former Coinbase Global Inc. product manager pled guilty Tuesday to helping others buy digital tokens based on confidential information about the exchange's upcoming listings, notching a win for Manhattan federal prosecutors in what's billed as the first-ever cryptocurrency insider trading prosecution.

  • February 06, 2023

    Elon Musk Deserves Credit For Tweet Trial Win, Attys Say

    The jury verdict clearing Elon Musk of securities fraud over his Tesla "take private" tweets surprised lawyers interviewed by Law360 on Monday, who pointed to a confusing verdict form, a complex fact pattern and Musk's confident turn on the witness stand as factors that likely contributed to the Tesla CEO's victory.

  • February 06, 2023

    Firms Vie To Lead Facebook Users Amid Atty Sex Bias Claim

    Quinn Emanuel Urquhart & Sullivan LLP and Hagens Berman Sobol Shapiro LLP filed dueling bids to spearhead an antitrust suit against Facebook parent Meta Platforms Inc., requests that come just weeks after a Hagens Berman attorney accused her Quinn Emanuel counterparts of giving her views less weight "because of my gender."

  • February 06, 2023

    SEC Accused Of Overreach In Coinbase Insider Trading Case

    A former Coinbase product manager and his brother accused the U.S. Securities and Exchange Commission on Monday of trying to regulate the digital assets industry by enforcement and argued that its allegations of crypto insider trading are legally deficient.

Expert Analysis

  • Medicare Developments Ahead For Remote Health Monitoring

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    Stakeholders interested in remote monitoring services should keep an eye on an upcoming multijurisdictional contractor advisory committee meeting that may lead to a new local coverage determination affecting Medicare coverage for remote monitoring devices, say attorneys at McDermott.

  • 5 Key Areas Of Privacy Compliance Following State Laws

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    As comprehensive data privacy laws take effect in California, Colorado, Connecticut, Utah and Virginia this year, organizations should ensure compliance with changing obligations related to vendor agreements, sensitive personal information, cookies and more, say Catherine Kozlowski and Aaron Ogunro at Polsinelli.

  • The Discipline George Santos Would Face If He Were A Lawyer

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    Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.

  • When Lawyers Chat With Chatbots About Patent Drafting

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    Joe Hetz and Marc Richards at Crowell & Moring questioned ChatGPT on whether it thought it could be useful in patent prosecution, finding some common ground over the nature of ChatGPT's limitations.

  • Financial Services, Fintech Are Top CFPB Areas To Watch

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    Amid a flurry of recent developments related to the consumer financial services and fintech sectors, the Consumer Financial Protection Bureau's enforcement trends show it is focusing on large corporate repeat offenders, fair lending, junk fees, consumer data and more, says Eamonn Moran at Norton Rose.

  • Why Strong Cybersecurity Is Key To Protecting Trade Secrets

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    Recent cyberattacks show that cybercriminals are becoming more targeted, seeking out proprietary data rather than encrypting the network wholesale, and making cybersecurity crucial to protecting businesses' trade secrets, say attorneys at Baker McKenzie.

  • 10 Areas To Watch In Aerospace And Defense Law

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    Joseph Berger and Francis Purcell at Thompson Hine discuss what's ahead for federal contractors, given the government's continued focus on aiding Ukraine and sanctioning Russia, pending cybersecurity and climate disclosure regulations, U.S. leadership in new and emerging technologies, and more.

  • Opinion

    Biden Admin.'s Anti-Merger Stance Is Leading To Bad Policies

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    A U.S. Department of Justice Antitrust Division speech reflects the Biden administration's goal to move enforcement in a markedly anti-merger direction, an approach that is leading to bad policies and enforcement decisions, says Cleary attorney David Gelfand, a former DOJ Antitrust Division official.

  • Are Outputs Of AI Models Copyrightable?

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    Heather Whitney and Evangeline Phang at MoFo explore whether artificial intelligence models can be the authors of their outputs for purposes of copyright protection, and whether human use of an AI model results in copyrightable work authored by the human — or in an authorless, uncopyrightable work.

  • Bid Protest Spotlight: Size Protests, Blue & Gold, Sole Source

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    In this month's bid protest spotlight, Lyle Hedgecock at MoFo offers takeaways from a Federal Circuit ruling on bid protest jurisdiction, a Federal Claims Court case exploring the nuances of the Blue & Gold Fleet rule, and a capstone from the U.S. Government Accountability Office on the Small Business Innovative Research program.

  • Viral TikTok Mascara Video Spotlights Influencer Ad Issues

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    A sponsored TikTok video about L'Oreal mascara that ignited a battle over deceptive advertising on the internet last month serves as a reminder that advertisers are responsible for influencer posts and should take steps to help reduce the risk of liability, says Gonzalo Mon at Kelley Drye.

  • A Litigation Move That Could Conserve Discovery Resources

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    Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

  • Issues To Watch In Fla.'s Telehealth Genetic Counseling Bills

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    Two recently introduced Florida bills would expand the state’s telehealth statute to include genetic counseling services, and though they currently don’t have opposition, they may have to overcome data privacy and out-of-state licensing concerns, say Erika Alba and Jacqueline Acosta at Foley & Lardner.

  • Opinion

    Enhanced Damages Necessary In No-Injunction Patent System

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    Because the world's largest corporations can infringe patents and engage in stalling tactics to force patent owners to undertake costly and protracted litigation, Congress should consider adjusting the current statute to mandate enhanced damages for patent owners when injunctive relief is unavailable, say David Kappos at Cravath and Jonathan Barnett at USC Gould Law School.

  • Litigators Should Approach AI Tools With Caution

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    Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

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