Technology

  • May 20, 2022

    'There Will Be Blood': Musk Eyes Legal War In Help Wanted Ad

    Elon Musk is beefing up Tesla Inc.'s litigation department, and he's seeking a team of "hardcore streetfighters" down for some blood and who will report directly to him. What he's not looking for: the "white-shoe" lawyers over at Perkins Coie LLP or Cooley LLP, according to Musk's Twitter announcement.

  • May 20, 2022

    Balwani Trial Goes On, Despite Juror's Positive COVID-19 Test

    A juror in the criminal fraud trial of former Theranos executive Ramesh "Sunny" Balwani tested positive for COVID-19, the California federal judge overseeing the high-profile case announced Friday morning, but the trial continued and the government rested its case by mid-afternoon.

  • May 20, 2022

    3 Key Issues To Watch As Gov't Tees Up Broadband Funds

    As the Biden administration kick-starts a $42 billion effort to deploy broadband across the country, stakeholders must still resolve plenty of legal and policy spats over how to use the money.

  • May 20, 2022

    Epic's Bandcamp Won't Have To Use Google Billing, For Now

    Epic Games and Google reached an agreement Friday that will allow the video game company's newly acquired online record store app Bandcamp to temporarily continue using its own payment system on Android devices rather than being forced to use the Google Play Store payment system.

  • May 20, 2022

    Feds Want SEC And FTC Cases Coordinated At High Court

    The government asked the U.S. Supreme Court to coordinate briefing schedules for a pair of cases seeking to challenge the constitutionality of the Federal Trade Commission and U.S. Securities and Exchange Commission, but it said the cases should be argued separately.

  • May 20, 2022

    Gilstrap Won't Rearrange Patent Trials To Let Google Go First

    Eastern District of Texas Judge Rodney Gilstrap refused Friday to consolidate in a single trial cases against Google, Waze and Samsung over location sharing patents, or to hold the Google trial first, meaning a trial against the other two defendants starts next month.

  • May 20, 2022

    Amazon Says Unused Photo Data Can't Support BIPA Claims

    Amazon says it can't be held liable for allegedly mishandling a group of Illinois residents' biometrics contained in a photo data set the company received from IBM because it never used or benefited from their information.

  • May 20, 2022

    Brand Battles: Starbucks Goes After 'Starbarks' Pet TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Starbucks is trying to block a trademark application for "Starbarks," its latest effort to curb pet-related brands from using its name — and four other cases you need to know about.

  • May 20, 2022

    Walmart Gets E-Commerce Trade Secrets Suit Sent To Ark.

    A Texas appellate court has ruled that a forum selection clause in Walmart Inc.'s contract with software developer Fintiv Inc. to create a mobile e-commerce platform means the trade secrets lawsuit belongs in Arkansas courts, not in the Lone Star State.

  • May 20, 2022

    Ex-BitMEX CEO Ducks Prison In Anti-Money Laundering Case

    Former BitMEX CEO Arthur Hayes avoided prison Friday after pleading guilty to flouting U.S. anti-money laundering requirements on the offshore cryptocurrency derivatives exchange, with a Manhattan federal judge rejecting the government's call to send a message to others in the industry.

  • May 20, 2022

    FCC Republican Slams Biden Admin.'s Broadband Rollout

    A Republican on the Federal Communications Commission slammed the U.S. Department of Commerce's handling of $42.5 billion in broadband deployment money under last fall's bipartisan infrastructure law, calling it biased and overtly politicized.

  • May 20, 2022

    FTC Chair Concerned ITC Being Misused In FRAND Cases

    Federal Trade Commission Chair Lina Khan has told the U.S. International Trade Commission that she's "increasingly concerned" that holders of standard-essential patents are sometimes using the ITC to gain licensing leverage.

  • May 20, 2022

    Fed. Circ. Upholds Inventor's $7M Win Against Microsoft

    A New York federal court rightly found that Microsoft owes an inventor $7 million for infringing his database patent, but the judge erred by not also granting him prejudgment interest, the Federal Circuit held Friday.

  • May 20, 2022

    Fed. Circ. Makes Gilstrap Hear USAA Mobile Check Patent Suit

    The Federal Circuit on Friday revived software company Mitek's suit seeking a ruling that it and its bank customers do not infringe the USAA mobile check deposit patents at issue in multiple nine-figure verdicts, saying Judge Rodney Gilstrap of the Eastern District of Texas dismissed the case too quickly.

  • May 20, 2022

    AT&T Should Face White Ex-Exec's Bias Claims, Judge Says

    AT&T should have to face a suit accusing it of terminating a 58-year-old white man because his identity conflicted with the company's diversity and inclusion plans, a federal judge in Atlanta recommended.

  • May 20, 2022

    Ex-Cop Serving EBay Stalking Term Seeks Early Release

    A retired cop sentenced to 18 months in prison for participating in an eBay security group's campaign to terrorize a Massachusetts couple over e-commerce blog posts critical of the company asked a Boston federal judge on Friday to let him serve the second half of his term in home confinement.

  • May 20, 2022

    MyPillow CEO Sanctioned For Claims In Voting Machines Case

    A D.C. federal judge has sanctioned MyPillow founder Mike Lindell and dismissed his claims against Dominion and Smartmatic, the voting technology companies who are suing Lindell for defamation after he said on television that they had contributed to election fraud.

  • May 20, 2022

    PTAB Cites Fintiv To Deny 2 Networking Patent Challenges

    The Patent Trial and Appeal Board used its discretion under the Fintiv precedent to shoot down two challenges to patents owned by WSOU Investments LLC, citing the advanced stage of the patent licensing company's 2021 infringement suits against challenger F5 Networks Inc.

  • May 20, 2022

    Feds Charge Biz Owners In International Stolen IPhones Plot

    Two North Carolina business owners have been hit with federal charges accusing them of selling and shipping stolen Apple iPhones and other electronic devices to domestic and international consumers.

  • May 20, 2022

    Goodwin Procter Partner Joins Transform Materials As GC

    Chemicals company Transform Materials has named a Goodwin Procter LLP partner as its next general counsel and vice president of strategy, the company announced Thursday.

  • May 20, 2022

    DocuSign GC Moves To Databricks As Legal Chief

    California-based data analytics company Databricks has welcomed its new senior vice president and general counsel from DocuSign.

  • May 20, 2022

    ADI Lied About Breaking Export Law, Engineer On Trial Says

    A former Analog Devices Inc. engineer on trial for trade secrets theft says the semiconductor company engaged in the same alleged misconduct and then lied about it through its Quinn Emmanuel lawyer who was formerly acting U.S. attorney in Boston, an accusation the lawyer rejected Friday as "complete nonsense."

  • May 20, 2022

    Chancery OKs Limited Investor Probe Of Musk's Twitter Deal

    Investors who challenged Elon Musk's proposed $44 billion takeover of social media giant Twitter Inc. won limited Delaware Chancery Court approval Friday to probe allegations that Musk's plan should require a supermajority vote of non-affiliated stockholders.

  • May 20, 2022

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen footwear giant Sketchers step into an IP dispute with a British discount store, a cryptocurrency ATM operator go after its former director, and a coalition of major English soccer clubs sue insurers over COVID-19 disruption. Here, Law360 looks at these and other new claims in the U.K.

  • May 19, 2022

    Native Casinos Must Arbitrate Card Machine Antitrust Suit

    A pair of Native American casinos must take to arbitration their proposed class action alleging that Scientific Games Corp. monopolized the market for automatic card shuffling machines causing a price injury to casinos that lease the machines, an Illinois federal judge ruled Thursday.

Expert Analysis

  • New Ariz. Cyberattack Info Sharing May Be Worth The Burden

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    A recent amendment to Arizona’s data breach notification law, and similar state and federal cyber incident reporting rules, significantly burden companies that are attacked, but increased information sharing could help prevent and mitigate the damage from future data security incidents, say Christine Czuprynski and Kate Jarrett at McDonald Hopkins.

  • Export Compliance Tips For Patenting Dual-Use Tech

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    The war in Ukraine has highlighted the increasingly subtle differences between commercial and military technologies, and should remind patent practitioners working on dual-use technologies to consider export control laws and focus on civilian end use, say Grant Ehrlich and Maggie Russell at Cantor Colburn.

  • Overcommunicate With Your Summer Associates This Year

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    2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

  • The State Of Intradistrict Venue Transfer In West Texas

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    Parties litigating in the Waco Division of the Texas federal courts — home of the judge with the most patent cases in the country — have the option of requesting transfer for convenience to other divisions in the Western District of Texas and should be aware of how that process has evolved in the past several years, says Clarence Rowland at O’Melveny.

  • Nev. Case Highlights Settlement Authority Dilemmas For Cos.

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    A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

  • Kentucky Tax Talk: Unpacking The 2022 Legislative Session

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    Individual Kentuckians will feel the changes made this legislative session as cuts to state income tax increase their net pay, while new sales taxes make many purchases more expensive, a change unlikely to help or hurt most Kentucky businesses, say attorneys at Frost Brown.

  • From Baseball To Blockchain: The Right Of Publicity In NFTs

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    Much like baseball trading cards, nonfungible tokens derive value from the right of publicity that creates a collectible product, and these rights may provide a valuable alternative to copyrights in addressing the problem of counterfeit NFTs, says Daniel Lifschitz at Johnson & Johnson.

  • Opinion

    ALI Oversteps With Expansive Restatement Of Contract Law

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    The American Law Institute's consumer contracts restatement project, which members are scheduled to vote on at the ALI's upcoming annual meeting, could upend the established law of contracts, and encourage specious class actions and nullification of arbitration agreements, says Sherman Joyce at the American Tort Reform Association.

  • Expect More Web Accessibility Claims, Despite DOJ Guidance

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    Plaintiff lawsuits on website accessibility have continued despite long-awaited guidance from the U.S. Department of Justice, and with court activity resulting in some circuit splits, businesses should not expect the current climate to dramatically change any time soon, say Shira Blank and Joshua Stein at Epstein Becker.

  • The Fastest Federal Trial Courts: A Look At Virginia, Florida

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    The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

  • Writing NFT Trademark Applications That Protect Brands

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    As nonfungible tokens soar in popularity and courts grapple with whether and how to protect these brands, the U.S. Patent and Trademark Office is beginning to establish helpful precedent on trademark applications associated with NFTs, clarifying best trademark-filing practices, say Thomas Brooke and Rodrigo Javier Velasco at Holland & Knight.

  • Bid Protest Spotlight: Late-Is-Late, Party Interest, Timeliness

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    In this month's bid protest roundup, Caitlin Crujido at MoFo looks at decisions from the U.S. Government Accountability Office and U.S. Court of Federal Claims highlighting the importance of allowing sufficient time when submitting proposals for discovery and correction of any technical glitches, and the requirements for establishing interested-party status and protest timeliness.

  • Tips For Evaluating Machine Learning For Contracts Review

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    Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

  • How Russia's Parallel Import Order May Affect Companies' IP

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    The Russian government's new decree legalizing parallel imports of certain goods will likely make it difficult for international manufacturers to protect their intellectual property rights in Russia, though some potential avenues of negotiation remain, say attorneys at Morgan Lewis.

  • Ruling Casts Doubt On Illinois Biometric Class Action Defense

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    An Illinois federal court's recent finding in Sosa v. Onfido that faceprints derived from photographs are biometric identifiers regulated by the state's Biometric Information Privacy Act casts doubt on a defense used by many companies targeted in BIPA class actions, and clarifies the scope of potential BIPA liability exposure, says David Oberly at Squire Patton.

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