Music Publishers Will Likely See AI Copyright Case Cut Back

By Bonnie Eslinger

A California federal judge said Thursday she was inclined to toss a portion of a copyright suit from music publishers claiming their song lyrics were ripped off to train artificial intelligence company Anthropic's chatbot, saying some allegations were "so general" while adding that she'd give leave to amend.

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5th Circ. Finds No 230 Immunity In Salesforce Trafficking Suit

By Mike Curley

The Fifth Circuit on Thursday shut down Salesforce Inc.'s arguments that it was immune under the Communications Decency Act to claims that it benefited from sex trafficking that took place on Backpage.com, saying the plaintiffs' claims do not treat Salesforce as a publisher or speaker of third-party content.

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Arm-Qualcomm Trademark, Breach Suit Goes To Jury In Del.

By Jeff Montgomery

Jurors headed to deliberations late Thursday after nearly four days of trial in Delaware federal court on Softbank Group subsidiary Arm Ltd.'s claims that Qualcomm Inc. and Nuvia Inc. breached a protective contract for microprocessor core technology licensing agreements.

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X Corp. Fails To Toss Data Breach Suit

By Rae Ann Varona

A California federal judge has refused to toss a twice-amended putative class action accusing X Corp. of failing to protect over 200 million users' personal information but tossed a breach of contract claim, saying users couldn't lean on the social media company's blog posts to allege X broke express security promises.

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Analysis

Top Gov't Contracts Policies Of 2024

By Daniel Wilson

Lawmakers and federal agencies have introduced several consequential policy moves affecting government contractors this year, including a long-pending cybersecurity rule for defense contractors and a clarification to an unintendedly harsh interpretation of a federal registration requirement.

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FCC Told No Way To Network-Level Scan Of Calls For AI

By Nadia Dreid

Consumer advocacy groups have come together to tell the Federal Communications Commission that they hate spam calls as much as anyone else, but they can't support a plan that would allow calls to be scanned for artificial intelligence at the network level.

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FCC Chief Floats Spectrum Revamp For Space Launches

By Christopher Cole

The Federal Communications Commission is eyeing new rules to revamp the spectrum band running from 2360-2395 megahertz to make room for commercial space launches.

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CMA Issues Guidance For New Digital Competition Rules

By Matthew Perlman

Britain's Competition and Markets Authority released guidance Thursday laying out how the agency intends to use its new powers to impose rules and obligations on large technology companies, ahead of the regime's launch next year.

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Graphite Cos. Seek Up To 920% Tariffs On Chinese Products

By Elaine Briseño

A group of graphite producers is asking the federal government to impose tariffs as high as 920% on Chinese rivals to hamper that country's alleged tactics of producing and exporting natural and synthetic graphite at low, unfair prices.

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Brief

Patent Office, NASA To Work On Tech Transfer Project

By Adam Lidgett

Federal patent officials plan to work with experts at NASA to bring more of the agency's innovation to the commercial marketplace, which will include collaborating on a study on best practices, the U.S. Patent and Trademark Office has announced.

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Analysis

The Top Patent Damages Awards Of 2024

By Ryan Davis

The largest patent damages verdicts of 2024 all amounted to nine figures, largely in line with recent years, with the largest award of $847 million being set aside by a judge weeks after the verdict, reflecting the scrutiny given to sizable damages, attorneys say.

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Fed. Circ. OKs $95M Altria Vape Patent Win Against Reynolds

By Ryan Davis

The Federal Circuit on Thursday upheld a $95.2 million jury verdict against R.J. Reynolds for infringing Altria vape patents, rejecting Reynolds' arguments that the finding was not supported by the evidence and was based on expert damages testimony that was unreliable.

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$18M TransUnion Loss 'Riddled With Defects,' 6th Circ. Says

By Carolyn Muyskens

The Sixth Circuit said Wednesday that a jury's $18.3 million award in a dustup over intellectual property related to an online insurance quote marketplace was based on damages evidence that was sorely lacking, affirming that TransUnion is off the hook.

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Del. Justices Affirm Toss Of Co.'s Suit Against Gusrae Kaplan

By Rose Krebs

Delaware's Supreme Court has affirmed a trial court's dismissal of an Applied Energetics Inc. suit accusing Gusrae Kaplan Nusbaum PLLC and a former partner of launching a frivolous securities fraud suit in order to hobble other litigation against the laser weapons maker's former CEO.

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McKesson Urges Justices To Keep Hobbs Act's 'Exclusivity'

By Ali Sullivan

McKesson Corp. is urging the U.S. Supreme Court to preserve circuit courts' "exclusive" jurisdiction for Federal Communications Commission orders, warning that regulatory consistency nationwide could be undermined if lower courts are allowed to step in.

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Casinos Say DOJ Has No 'Starting Point' For Room Rates

By Bryan Koenig

Las Vegas casino hotels urged the Ninth Circuit on Wednesday not to revive the first algorithmic price-fixing case to reach an appeals court, in a brief that took direct aim at the Justice Department's amicus intervention in the room rate lawsuit.

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Google Health Tracking Plaintiffs Fight To Keep Suit Alive

By Bonnie Eslinger

A California federal judge who was asked by Google to toss a proposed class action alleging that the tech giant illicitly scoops up users' personal data from healthcare providers' websites indicated during a Thursday hearing that he might grant the request while adding that he still has "a lot more thinking to do."

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X Workers Say Entire Severance Suit Should Survive

By Emmy Freedman

Former X employees urged a Delaware federal court to set aside portions of a magistrate judge's recommendation that the court partially toss their unpaid severance benefits lawsuit, saying the judge incorrectly found that a merger agreement stripped them of standing.

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VLSI Says PQA's Disclosure Fears Are Its Own Fault

By Dani Kass

VLSI Technology LLC urged a Virginia federal judge Thursday to make Patent Quality Assurance LLC's ownership disclosure public, saying the company actively chose to remove the litigation to a forum where it knew those disclosures were required.

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Brief

DOJ Wants Time In Fubo-ESPN Streaming JV Arguments

By Nadia Dreid

The U.S. Department of Justice has got something to say to the Second Circuit about an attempt from ESPN and Warner Bros. Discovery to overturn a preliminary injunction stopping them from going forward with a joint sports streaming venture that a rival says will run it out of business.

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Medical Supplies Giant, Drone Operator File Confidential IPOs

By Tom Zanki

Private equity-backed medical supplies giant Medline Inc. and drone operator Airo Group Holdings Inc. said Thursday that they confidentially filed plans for initial public offerings with regulators, joining a growing pipeline of IPO prospects for 2025.

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Brief

Ropes-Led Bain Capital Trims Stake In Kioxia After $800M IPO

By Tom Zanki

Bain Capital LP trimmed its majority stake in Japanese chipmaker Kioxia Holdings Corp. following the company's $800 million initial public offering, according to a statement Thursday by Ropes & Gray LLP, which represented the private equity giant in the transaction. 

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Brief

Sony Ups Stake In Japanese Video Game Maker's Parent Co.

By Al Barbarino

Sony Group Corp. said Thursday it has agreed to up its stake in Kadokawa Corp. to 10% through the purchase of more than 12 million shares for approximately 50 billion yen ($317.8 million), sending Kadokawa's stock skyrocketing more than 24%.

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Feds Urge No New Trial For 'Undead' NFT Maker

By Katryna Perera

Prosecutors have urged a Florida federal judge not to open a new trial for the developer of the "Undead" series of non-fungible tokens who was convicted of conspiracy to commit money laundering and wire fraud, saying messages from the Discord social media messaging platform cannot be a "legal or factual basis" from which to grant a new trial.

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Foley Adds Tech, Life Sciences Partner From IP Boutique

By Rachel Scharf

Foley & Lardner LLP has hired a longtime partner from intellectual property boutique Lerner David LLP to strengthen both the transactional and litigation arms of its technology and life science practices in New York.

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4 Trade Secret Pointers From 2024's Key IP Law Developments

Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.

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Compliance Lessons From Raytheon's FCPA Settlement

A recent Foreign Corrupt Practices Act action involving aerospace and defense company Raytheon underscores the importance of risk management related to retaining and overseeing third parties — especially in higher-risk jurisdictions — and the promotion of a companywide culture of compliance, say attorneys at Debevoise.

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Data Privacy Landscape After Mass. Justices' Wiretap Ruling

In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.

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Musk Pay Fight Shows Investor Approval Isn't Universal Cure

The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.

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Making The Pitch To Grow Your Company's Legal Team

In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

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MoFo, Irell Latest Firms To Unveil Competitive Bonuses

By Aebra Coe & Hailey Konnath

Morrison Foerster LLP and litigation boutique Irell & Manella LLP have joined a chorus of firms announcing associate bonuses that meet or exceed the BigLaw standard for associate bonuses this year, with MoFo offering up to $218,200 and Irell handing its lawyers as much as $175,000.

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Podcast

Approach The Bench: What Judges Had To Say This Year

By Cara Bayles

Jurists weighed the benefits of partisan elections, praised innovations in telehearings and worried about the future of the profession in nearly a dozen interviews with Law360 this year.

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Gunster $8.5M Data Breach Deal Needs More Info, Judge Says

By Matt Perez

A Florida federal judge this week denied preliminary approval of an $8.5 million settlement in a data breach class action against Gunster and demanded more information on payouts, the plaintiffs' standing in the case and a historical breakdown of settlement rates.

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NJ Bar's Diversity Plan Isn't Biased, Panel Says

By Tracey Read

A New Jersey state appeals court reversed and remanded on Friday a lower court's ruling that found the state bar association's diversity practices to be an unlawful, discriminatory quota system.

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If Gov't Shuts Down, Judiciary Will Be Funded Until Jan. 10

By Courtney Bublé

If there is a government shutdown, the federal judiciary would be funded at least until Jan. 10, the Administrative Office of the U.S. Courts said Friday.

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Analysis

How Lawyers May Sue The Trump Administration … Again

By Cara Bayles

During the last Trump administration, BigLaw firms challenged White House policies, focusing on immigration, environmental regulations and healthcare. This time around, attorneys could rely on old tools, and some new tactics, to stall the executive branch.

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Biden Exceeds Trump's Record On Judges By One

By Courtney Bublé

The U.S. Senate confirmed on Friday the last two judicial nominations from President Joe Biden, making his total of lifetime judicial appointments 235, just one over President Donald Trump's 234.

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High Court Bar's Future: Williams & Connolly's Sarah Harris

By Katie Buehler

Sarah M. Harris of Williams & Connolly LLP never planned on being a U.S. Supreme Court advocate, or even an appellate one. She stumbled upon that career path after realizing her initial goal of becoming a national security or government lawyer wasn't the right fit.

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No, Microsoft Isn't Driving DOJ's Google Antitrust Suit: Judge

By Bryan Koenig

A D.C. federal judge pushed back Friday on Google's efforts to paint Microsoft as the true plaintiff in the Justice Department's search monopolization lawsuit, casting doubt during a hearing that Google should get even more information about Microsoft's relationship with ChatGPT-maker OpenAI.

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Feature

Litigator On The Roof: The Acting, Singing Mass. Solicitor

By Chris Villani

The top appellate lawyer in the Massachusetts Office of the Attorney General will be ringing in the new year by performing a comical cantata by Johann Sebastian Bach, the latest show in a lengthy side career in music.

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Hagens Berman Settles Suit Over Effexor Deal Atty Fees

By Bryan Koenig

A pharmaceutical reseller's in-house counsel and founder moved Friday to drop a Mississippi federal court breach of contract suit accusing Hagens Berman Sobol Shapiro LLP of stiffing him on his share of a $13 million attorney fees award from an antitrust class settlement, citing a resolution to the dispute.

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Q&A

A Judge Reflects: West Wing Call, 'Alford Plea?' Early Exit

By Hayley Fowler

When Chief Judge Louis A. Bledsoe III of the North Carolina Business Court hangs up his robes for the last time on Dec. 31, he'll leave behind a white-hot docket of high-profile cases and a profusion of opinions that helped mold the court into a tribunal fit to rival Delaware's Court of Chancery.

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Law360's Legal Lions Of The Week

By Andrea Keckley

This week's Legal Lions leader comes from the public sector, as federal prosecutors secured a $650 million settlement from McKinsey & Co. to resolve a lawsuit over the consulting giant's role in Purdue Pharma's promotion of OxyContin.

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

By Max Austin

This past week in London has seen the University of Southampton sue a drone-maker over the rights to an uncrewed aircraft patent, Importers Service Corp. and its subsidiary ISC Europe take action against a former director who allegedly owes the company over £1.1 million ($1.4 million), and DAC Beachcroft face a fraud claim by a "prolific litigant." 

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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