Consumers will have to rejigger their proposed antitrust class action alleging Apple anticompetitively prevents iPhones from running web-based apps that don't need to be downloaded, after a California federal judge said Thursday that they've failed to show a conspiracy or connect the dots from company rules to customer injury.
Law360
Technology
SATURDAY, JULY 13, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Apple Ducks iPhone Web App Antitrust Suit, For Now

By Bryan Koenig

Consumers will have to rejigger their proposed antitrust class action alleging Apple anticompetitively prevents iPhones from running web-based apps that don't need to be downloaded, after a California federal judge said Thursday that they've failed to show a conspiracy or connect the dots from company rules to customer injury.

Order attached | Read full article » | Save to favorites »

Analysis

Patent Cases To Watch In The Second Half Of 2024

By Ryan Davis

A U.S. Supreme Court case over the reach of the judicially created double patenting doctrine and a dispute over which patents branded drugmakers can list in a federal database are among the cases attorneys will have their eyes on for the rest of the year.

1 document attached | Read full article » | Save to favorites »

VLSI Tells Fed. Circ. IPR Should Have Ended After Sanctions

By Dani Kass

VLSI Technology is urging the Federal Circuit to revive the patent it used to win a $1.5 billion infringement verdict against Intel, saying the Patent Trial and Appeal Board's invalidation was tainted by mishandled sanctions proceedings.

Brief attached | Read full article » | Save to favorites »

TikTok's Bid For Users' Device Data Found Overbroad

By Dorothy Atkins

A California federal magistrate judge overseeing discovery in multidistrict litigation over claims that social media is addictive denied TikTok's request Thursday for "full" forensic images of all personal devices bellwether plaintiffs used to access its platform, telling defense counsel that he's concerned about the "overbreadth" of the request and privacy issues.

2 documents attached | Read full article » | Save to favorites »

Media Matters Fights Texas AG's Bid To Revive X Probe

By Ali Sullivan

Media Matters for America is urging the D.C. Circuit to keep intact a court order prohibiting Texas Attorney General Ken Paxton from investigating the media watchdog over its reporting about the social media platform X, asserting that the D.C. courts are the correct place to litigate the "retaliatory" probe.

Brief attached | Read full article » | Save to favorites »

Ropes & Gray, Paul Weiss Steer Bain's $4.5B Envestnet Buy

By Al Barbarino

Ropes & Gray-led Bain Capital will buy Envestnet Inc., guided by Paul Weiss, in a take-private deal that values the financial technology company at $4.5 billion, Envestnet said in a statement Thursday. 

Read full article » | Save to favorites »

Sens. Say AI Fuels Need For Data Privacy Law But Fail To Act

By Allison Grande

Members of a key U.S. Senate committee Thursday largely agreed that companies' growing efforts to amass private information to fuel artificial intelligence technologies are accelerating the need for a federal data privacy framework, but they failed to make progress on a bipartisan proposal opposed by the committee's top Republican.

Bill attached | Read full article » | Save to favorites »

Consumer Groups Get EU Court's OK To Bring Data Claims

By Jamie Lennox

Representative organizations can bring privacy litigation for individuals if the organizations can prove a breach resulted from the processing of personal data, the European Union's top court ruled Thursday in tech giant Meta's dispute with a German consumer rights body.

Read full article » | Save to favorites »

POLICY & REGULATION

ISP Group Says FCC Remote Learning Plan On Shaky Ground

By Christopher Cole

Internet service providers say the Federal Communications Commision needs to revisit a proposal to fund Wi-Fi hot spots for students after the U.S. Supreme Court recently overturned the Chevron doctrine, which gave wide judicial deference to agencies.

Letter attached | Read full article » | Save to favorites »

Brief

Feds Seek Input On 37 GHz Sharing Plans

By Christopher Cole

Federal regulators intend to ask for the public's input in August about a possible revamp of the lower 37 gigahertz airwaves, the U.S. Department of Commerce said.

Read full article » | Save to favorites »

LITIGATION

Judge Won't Dismiss Cannabis Extraction IP Dispute

By Jonathan Capriel

Subsidiaries of Canadian cannabis company Halo Collective Inc. can't escape patent infringement claims by a Colorado-based firm specializing in developing techniques for extracting hemp oil, a California federal judge has ruled, rejecting a slew of motions seeking summary judgment.

Memorandum attached | Read full article » | Save to favorites »

Vidal Says Late Response Isn't An 'Abandonment' Of IPR

By Adam Lidgett

The head of the U.S. Patent and Trademark Office has thrown out a Patent Trial and Appeal Board decision that issued a loss to an owner of a patent covering a portable backup charger, sending the case back to the board.

Decision attached | Read full article » | Save to favorites »

Customers Want Domino's Kept In BIPA Voiceprint Suit

By Celeste Bott

Domino's Pizza customers told an Illinois federal judge Wednesday that the chain's corporate parent should face their lawsuit over the state's biometric privacy law, saying Domino's can't shield itself given the "unusually high degree of control" it has over the subsidiaries that ultimately own the restaurants they ordered from.

Memorandum attached | Read full article » | Save to favorites »

Expensify Says Suit Over IPO Disclosures, Biden Support Fails

By Sydney Price

Expense management software company Expensify has asked a federal judge to toss a federal lawsuit accusing it of concealing the details of a new pricing strategy and the effects of statements its CEO made urging customers to vote for President Joe Biden in the 2020 election in order to prop up shares ahead of its initial public offering.

Motion attached | Read full article » | Save to favorites »

Investor Alleges Sales Changes Hurt Software Co.'s Growth

By Emilie Ruscoe

Software company MongoDB Inc. and two of its executives are facing a proposed investor class action claiming they misguided shareholders about the anticipated impact of a change to the company's sales practices the executives recently cited while revising growth projections downward, causing the company's share price to nosedive.

Complaint attached | Read full article » | Save to favorites »

INTERNATIONAL ARBITRATION

South Korea Looks To Nix $32M Award To U.S. Hedge Fund

By Caroline Simson

South Korea said Thursday that it will look to overturn an arbitral award ordering it to pay some $32 million to a U.S. hedge fund following a dispute over a government bribery scandal that allegedly underpinned the $8 billion merger of two Samsung affiliates in 2015.

Read full article » | Save to favorites »

DEALS

Earned Wealth Secures $200M, Buys Peer Thomas Doll

By Jade Martinez-Pogue

DLA Piper-advised Earned Wealth announced on Thursday that it received a $200 million growth investment from growth equity investors while simultaneously unveiling its acquisition of fellow medical professional-focused financial services firm Thomas Doll.

Read full article » | Save to favorites »

BANKRUPTCY

Chancery Orders Invictus Fund Sides To Provide Case Update

By Jeff Montgomery

Pointing to hints of clarity in a distressed credit and special-situations fund's murky, 9-month-old battle for documents and cash held by its general partner and investment manager, a Delaware vice chancellor on Thursday ordered the two sides to produce a case update by Tuesday.

Read full article » | Save to favorites »

ENFORCEMENT

Frontier Communications Fined $2.5M Over Quality Standards

By Brian Steele

Connecticut's utility regulator has ordered Frontier Communications to pay nearly $2.5 million in penalties after finding that the company repeatedly violated mandates for maintenance, repair of service problems and filing reports with the state dating back to 2015.

1 document attached | Read full article » | Save to favorites »

SF Fed Sues Troubled PPP Lender, Founder For Nearly $67M

By Katryna Perera

The San Francisco arm of the Federal Reserve has sued one of the largest Paycheck Protection Program lenders in Puerto Rico federal court seeking to recover nearly $67 million, alleging the lender has defaulted on the terms of roughly $4.3 billion in credit it advanced for PPP loans.

Motion attached | Read full article » | Save to favorites »

PEOPLE

MoFo Lands NY Tech Partner From Goodwin

By Tracey Read

Morrison Foerster LLP has added a technology group partner from Goodwin LLP to join its technology transactions group in New York.

Read full article » | Save to favorites »

EXPERT ANALYSIS

FBI Raid Signals Growing Criminal Enforcement Of Algorithms

The U.S. Department of Justice Antitrust Division's increased willingness to pursue the use of algorithmic pricing as a potential criminal violation means that companies need to understand the software solutions they employ and stay abreast of antitrust best practices when contracting with providers, say attorneys at Rule Garza.

Read full article » | Save to favorites »

Trending At The PTAB: Multiple Petitions In IPRs

Recent Patent Trial and Appeal Board decisions and a proposed rulemaking indicate the board’s intention to continue to take a tougher stance on multiple inter partes review petitions challenging the same patent, presenting key factors for petitioners to consider, like the necessity of parallel filings and serial petitions, say Yinan Liu and Cory Bell at Finnegan.

Read full article » | Save to favorites »

Unpacking Pressures, Trends Affecting Global Supply Chains

A recent HSBC report reveals a number of trends and challenges for global supply chains in the current uncertain geopolitical landscape, and with constant emerging opportunities, companies that can stay informed, be proactive and adapt to change will be well positioned to succeed, says Michelle Craven-Faulkner at Shoosmiths.

Read full article » | Save to favorites »

Opinion

States Should Loosen Law Firm Ownership Restrictions

Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

Read full article » | Save to favorites »

LEGAL INDUSTRY

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.

Read full article » | Save to favorites »

Cuomo Beats Retaliation Claims In NY Trooper's Suit

By Gina Kim

Former New York Gov. Andrew Cuomo defeated retaliation claims in a state trooper's lawsuit alleging she was sexually harassed while serving in Cuomo's security detail, after a federal judge said Friday that no employment relationship existed because Cuomo resigned months before his purported threat to seek prosecution of his alleged victims.

Opinion attached | Read full article » | Save to favorites »

Whistleblower's Attys Get $5.9M After Losing $11.5M Fee Ask

By Dorothy Atkins

A Massachusetts federal judge on Thursday awarded a whistleblower's counsel $5.9 million in fees plus $651,845 in costs and expenses after slashing their prior "exorbitant" $11.5 million fee request in May in a decade-old False Claims Act lawsuit alleging Fresenius Medical Care billed Medicare for unnecessary hepatitis tests.

Order attached | Read full article » | Save to favorites »

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

By Max Austin

This past week in London has seen the owner of the Lambretta scooter brand Innocenti SA embroiled in a trademark dispute with a property developer, a clash between two art dealers over a collection of tapestries, Telecom Italia pursue a debt claim against a competing telecommunications company, and performing arts trade union Equity hit a casting directory for charging unfair subscription fees on actors. Here, Law360 looks at these and other new claims in the U.K.

Read full article » | Save to favorites »

Ex-Magellan Execs Waive Conflicts Over Past Shared Counsel

By Julie Manganis

Two former Magellan Diagnostics executives charged with conspiring to hide defects in the company's lead testing devices agreed on Friday to waive any potential conflict created by their prior joint representation by a Donnelly Conroy & Gelhaar LLP attorney.

Read full article » | Save to favorites »

Brief

Former Colorado Court Workers Settle Sexism Claims

By Daniel Ducassi

The Colorado State Courts Administrator's Office said in a joint notice that it has settled a lawsuit in Denver District Court with two former workers who said they were laid off as part of a broader pattern of gender discrimination against female employees.

2 documents attached | Read full article » | Save to favorites »

Conn.'s Child Advocate Departs For Top Role At Nonprofit

By Christine DeRosa

The attorney who led Connecticut's Office of the Child Advocate for more than a decade is stepping down this fall to return to a legal nonprofit as its executive director.

Read full article » | Save to favorites »

Analysis

Biggest Colorado Decisions Of 2024: A Midyear Report

By Daniel Ducassi

The U.S. Supreme Court's quick reversal of Colorado justices' decision removing former President Donald Trump from the state's ballots and a Boulder County judge's ruling clearing the way for landmark climate litigation about major oil companies rank among the most important decisions affecting Colorado so far this year.

Read full article » | Save to favorites »

Paul Weiss Hopes To Stem Exits With New Partner Structure

By Matt Perez

Brad Karp, chairman of Paul Weiss Rifkind Wharton & Garrison, shared in a podcast published Thursday that the firm has followed a new two-track partnership compensation model as a means to combat retention issues plaguing similar firms.

Read full article » | Save to favorites »

Litigation Funding 'Abuses' Targeted By Federal Lawmakers

By Bonnie Eslinger

Federal lawmakers are seeking to put the reins on third-party investors bankrolling litigation, with Rep. Darrell Issa, R-Calif., introducing legislation that would require disclosure of third-party financing deals in civil lawsuits, and Rep. James Comer, R-Ky., asking Chief Justice John Roberts on Friday to have the Judicial Conference review the practice.

3 documents attached | Read full article » | Save to favorites »

Lin Wood Wants Judge Disqualified In Ga. Defamation Case

By Emily Johnson

Controversial retired Georgia attorney L. Lin Wood has asked that a Georgia federal judge be disqualified from presiding over a defamation case he's facing from his former law partners, arguing that the case involved two witnesses from Alston & Bird LLP, where the judge previously worked.

Motion attached | Read full article » | Save to favorites »

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

General counsel at companies involved in environmental litigation scored victories and suffered some setbacks this week, including the dismissal of a Baltimore city suit seeking climate damages as well as Marathon Oil's record-setting $241.5 million Clean Air Act settlement.

Read full article » | Save to favorites »

Guo Trial Juror Booted For Googling Fugitive Co-Defendant

By Rachel Scharf

The jury in Chinese dissident Miles Guo's $1 billion fraud and racketeering case was forced to restart its verdict deliberations on Friday after a juror was cut loose for Google-searching Guo's fugitive financial adviser and co-defendant William Je.

Read full article » | Save to favorites »

Promo that reads Law360 Pulse Lawyer Satisfaction Survey Promo that reads Law360 Pulse Summer Associates Survey

COMPANIES IN TODAY'S NEWS

Agricultural Products Extension LLC

Alivecor Inc.

Amazon.com Inc.

American Bar Association

Amneal Pharmaceuticals Inc.

Apollo Global Management LLC

Apple Inc.

Archer Aviation Inc.

Ares Management Corp.

Astronics Corporation

BMO Capital Markets Corp.

Benefit Street Partners LLC

Benson Hill Inc.

Blue Owl Capital Inc.

Broad Institute

Bunge Ltd.

Caesars Entertainment Inc.

Centerbridge Partners LP

Chevron Corp.

Citigroup Inc.

Cognizant Technology Solutions Corp.

Colorado Trial Lawyers Association

DPL Inc.

Dell Technologies Inc.

Deutsche Lufthansa AG

Domino's Pizza Inc.

Elevance Health Inc.

Envestnet Inc.

FMR LLC

Ferrari SpA

Fortress Investment Group LLC

Franklin Resources Inc.

Fresenius Medical Care AG & Co. KGAA

Frontier Communications Parent Inc.

Google LLC

HSBC Holdings PLC

Hudson Structured Capital Management LP

Instagram Inc.

International Association of Privacy Professionals

Ironclad Inc.

JPMorgan Chase & Co.

Jack In The Box Inc.

Johnson & Johnson

LinkedIn Corp.

Louisiana State Bar Association

Lufthansa Technik AG

Marathon Oil Corp.

Masimo Corp.

Meridian Bioscience Inc.

Meril Life Sciences Pvt Ltd.

Meta Platforms Inc.

MongoDB Inc.

Morgan Stanley

Natural Resources Defense Council

North Carolina State Bar

PG&E Corp.

Purdue Pharma LP

RBC Capital Markets

RealPage Inc.

Reddit Inc.

Regents of the University of California

Samsung C&T

Samsung Electronics Co. Ltd.

Scholle IPN

Silversmith Capital Partners

Snap Inc.

Solicitors Regulation Authority Ltd.

Sonos Inc.

Space Exploration Technologies Corp.

Spectrum Management Holding Co.

State Bar of Georgia

State Street Global Advisors Inc.

Summit Partners

Suncor Energy Inc.

The Florida Bar

The Wireless Internet Service Providers Association

TikTok Inc.

Tuesday Morning Corp.

Twitter Inc.

Walmart Inc.

Westfleet Advisors LLC

Wipro Limited

YouTube Inc.

LAW FIRMS IN TODAY'S NEWS

A&O Shearman

Akin Gump

Alger Law APC

Alston & Bird

Babst Calland

Baker & Hostetler

Baker Botts

Baker Donelson

Baker McKenzie

Bathaee Dunne

Beal Sutherland

Beasley Allen

Black Helterline

Blake Morgan LLP

Bracewell LLP

Carstens Allen

Childs McCune

Cleary Gottlieb

Covington & Burling

Cravath Swaine

DAC Beachcroft

DLA Piper

DWF LLP

Davis Polk

Dewsnup King

Donnelly Conroy

Dowd Bennett

Downey & Cleveland

Durrell Law Group

Elias Law Group LLP

Eversheds Sutherland

Faegre Drinker

Finnegan

Fish & Richardson

FordHarrison

Foster Garvey

Freshfields

Gibson Dunn

Glenn Agre

Greisen Medlock

Hamlins LLP

Hinckley Allen

Hogan Lovells

Holland & Hart

Horwich Farrelly

Hunton Andrews

Irell & Manella

Ison Harrison Solicitors

Joelson JD LLP

John Exum Law

Johnson Family Law PC

Jones Day

Kahn Swick

Kaplan Breyer

Kirkland & Ellis

Latham & Watkins

Lerner & Rowe

Levi & Korsinsky

Lewis Roca

Lowenstein & Weatherwax

Lowenstein Sandler

Lupton Fawcett

Manatt Phelps

MoloLamken

Morgan Lewis

Morrison Foerster

Morvillo Abramowitz

Motley Rice

Nexa Law

O'Sullivan McCormack

Orrick Herrington

O’Neill & Borges

Parsons Behle

Paul Weiss

Penningtons Manches

Perkins Coie

Polsinelli PC

Pryor Cashman

Quinn Emanuel

Ramos & Law

Ramos Law (Wheat Ridge, CO)

Richards Layton

Ronald Fletcher

Ropes & Gray

Rule Garza

Sher Tremonte

Shipman & Goodwin

Shoosmiths LLP

Slayden Grubert

Spearhead Legal

Stephenson Harwood

Stoel Rives

Stroock & Stroock

Sullivan & Cromwell

Wade Grunberg

Wheeler Trigg

Wigdor LLP

WilmerHale

GOVERNMENT AGENCIES IN TODAY'S NEWS

Arizona Supreme Court

California Department of Justice

California Supreme Court

Colorado Supreme Court

Committee on Foreign Investment in the United States

Companies House

Delaware Court of Chancery

Equal Employment Opportunity Commission

European Commission

European Union

European Union Intellectual Property Office

Federal Bureau of Investigation

Federal Communications Commission

Federal Election Commission

Federal Reserve Bank of San Francisco

Federal Reserve System

Federal Trade Commission

Florida Supreme Court

Food and Drug Administration

Information Commissioner's Office

International Trade Commission

National Labor Relations Board

National Telecommunications and Information Administration

New York Attorney General's Office

New York State Police

Office of the Comptroller of the Currency

Permanent Court of Arbitration

Texas Attorney General's Office

U.S. Attorney's Office

U.S. Attorney's Office for the District of Massachusetts

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Department of Commerce

U.S. Department of Defense

U.S. Department of Justice

U.S. Department of the Treasury

U.S. District Court for the Central District of California

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of New Jersey

U.S. District Court for the District of Oregon

U.S. District Court for the District of Puerto Rico

U.S. District Court for the Eastern District of New York

U.S. District Court for the Middle District of Tennessee

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Nevada