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Technology
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February 20, 2025
Fed. Circ. Backs TTAB's Denial Of Health Co.'s Proposed TM
The Trademark Trial and Appeal Board correctly denied a healthcare management company's bid to register "Formularyhub" because it's a descriptive term, the Federal Circuit said Thursday.
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February 20, 2025
FCC Dem Decries 'Partisan Investigations' Of Broadcast TV
A Democratic member of the Federal Communications Commission on Thursday assailed "partisan investigations" of editorial decisions at major broadcast companies launched when the Trump administration took over.
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February 20, 2025
Intel, Israeli Ex-Exec End Bias Suit Over Pro-Hamas Sentiment
Intel Corp. and an Israeli former executive have agreed to shutter his suit claiming the tech giant fired him following complaints that his boss appeared to support Hamas after the militant group's October 2023 attack took place in Israel, according to a Thursday New York federal court filing.
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February 20, 2025
11th Circ. Asked To Reinstate FCC's One-To-One Consent Rule
A pro-consumer group urged the Eleventh Circuit to revisit a ruling last month that overturned the Federal Communications Commission's requirement that individual businesses obtain each consumer's consent to contact them through comparison shopping sites.
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February 20, 2025
The Intercept's IP Claim Against OpenAI Holds Up, Judge Says
A New York federal judge said Thursday that the only plausible allegation in The Intercept's lawsuit accusing Microsoft and OpenAI of removing copyright information from works used to train ChatGPT is over "regurgitations" of articles produced in the OpenAI-owned chatbot's outputs.
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February 20, 2025
Google Argues $20M Verdict Is Tied To 'Unverifiable' Testimony
Google is defending its challenge to testimony from a patent licensing trial that led to a $20 million jury verdict against it, telling the full Federal Circuit that it is wrong to let "unsupported and unverifiable" assertions go in front of jurors.
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February 20, 2025
Trade Desk's Rollout Of AI Product Draws Ire From Investors
Global digital marketing venture The Trade Desk Inc. was hit with a proposed shareholder class action alleging it misled investors about the rollout of its artificial intelligence-driven ad-buying platform by hiding execution problems that delayed adoption and hurt revenue.
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February 20, 2025
Education Tech Firm Faces Class Action In NC Over Data Hack
A nationwide education technology platform got hit with a proposed class action in North Carolina on Thursday over a "massive and preventable cyberattack" which allegedly exposed personal information including health data for up to 18,000 of its users.
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February 20, 2025
FCPA Shake-Up May Open Bribery Loophole
New guidelines in the works for Foreign Corrupt Practices Act enforcement under President Donald Trump's administration could dramatically alter how American companies do business overseas while potentially opening the door for foreign bribery when it arguably advances U.S. interests, and the looming changes are creating an unsettled environment for attorneys who practice in the space, experts say.
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February 20, 2025
Competition Group Of The Year: Cravath
Cravath Swaine & Moore LLP scored a trailblazing antitrust verdict for Epic Games when a California federal jury decided Google's Play Store illegally dominated the Android app market, making Cravath one of the 2024 Law360 Competition Groups of the Year.
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February 20, 2025
Sen. Warren Wants DOJ To Probe Disney-FuboTV Deal
Sen. Elizabeth Warren is calling on the U.S. Department of Justice to "closely scrutinize" Disney's acquisition of a majority stake in the live television streamer Fubo, saying the deal raises serious antitrust concerns and could allow Disney to inflate prices.
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February 20, 2025
Musk's X Seeks Cash At $44B Valuation, Plus More Rumors
Elon Musk is seeking to raise money for his social media platform X at a $44 billion valuation — the same price he paid to buy the site in 2022 — while BP is considering selling its Castrol lubricants unit for $10 billion and KKR could inject $5 billion into ailing British utility Thames Water. Here, Law360 breaks down the notable deal rumors from the past week.
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February 20, 2025
BakerHostetler Environmental Pro Jumps To Morgan Lewis
Morgan Lewis & Bockius LLP has hired the former national co-chair of BakerHostetler's environmental team as a partner in its environmental litigation practice, the firm said Thursday.
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February 20, 2025
KKR Clinches Fuji Soft Majority Stake Ahead Of Take-Private
KKR said Thursday it has secured a majority stake in Fuji Soft by completing the second stage of a tender offer after prevailing over rival bidder Bain Capital, as it readies to privatize and take full control of the Japanese company through a so-called squeeze-out of the remaining shares.
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February 19, 2025
What To Know About Trump's Likely Pick For USPTO Director
Dilworth Paxson LLP partner John Squires is about to be nominated for director of the U.S. Patent and Trademark Office, about half a dozen sources told Law360 on Tuesday. Here's what you need to know about the attorney who made a name for himself at Goldman Sachs.
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February 19, 2025
Meta Should've Preserved Health Tracking Data, Judge Says
A California federal judge considering sanctions against Meta for deleting data in privacy litigation over a Facebook tool's collection of patient health information said Wednesday that he's not convinced Meta had "malintent," but said, "I do think this information should have been preserved."
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February 19, 2025
News Site Ditches Suit Over Sharing Of Visitors' IP Addresses
A New York federal judge has tossed a proposed class action accusing online business news site Insider Inc. of unlawfully disclosing website visitors' IP addresses to a third party, finding that the plaintiff had failed to establish the type of concrete injury necessary to sustain his claims under California law.
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February 19, 2025
Netflix Wants IP Atty Sanctioned Over Alleged Doc Sharing
Netflix urged a California judge Tuesday to require a prolific patent plaintiff's former counsel to explain why they shouldn't be held in civil contempt and sanctioned for allegedly giving Netflix's confidential financial information to nonparty AiPi LLC, arguing discovery in another patent case has revealed AiPi is "shadow lead counsel."
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February 19, 2025
Solar Co. Says Investors Seek To 'Punish' It Over Wire Issues
Solar energy equipment maker Shoals Technologies Group Inc. and its underwriters have asked a Tennessee federal judge to toss a consolidated proposed investor class action taking aim at the company's disclosures about certain product wiring issues, arguing Tuesday that it had timely shared information about the developing situation.
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February 19, 2025
Mich. Gaming Board Can't Block Horse-Race Betting App
A federal judge said Michigan cannot stop the horse-race betting platform TwinSpires from taking bets from users in the Great Lakes State, finding Wednesday that federal law trumps the state's licensing requirements.
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February 19, 2025
Tech Co.'s Software Doesn't Meet CMS Needs, Judge Says
A Court of Federal Claims judge denied IntelliBridge LLC's attempt to block the Centers for Medicare & Medicaid Services from seeking bidders for its hybrid cloud product engineering and operations contract, finding on Tuesday the agency isn't trying to replicate its batCAVE software.
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February 19, 2025
Broadband Maps Should ID Subsidized Networks, FCC Told
NTCA — The Rural Broadband Association urged the Federal Communications Commission to update the National Broadband Maps to include whether a location is served by an unsubsidized competitor and therefore not eligible for high-cost support from the agency, saying it would make the situation easier for everyone.
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February 19, 2025
Cybersecurity Official Rejoins DOD After Contentious Exit
Former U.S. Department of Defense official Katie Arrington, a key figure in establishing its Cybersecurity Maturity Model Certification program who previously left the Pentagon after a contentious suspension, announced she has rejoined the DOD as chief information security officer.
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February 19, 2025
Amazon Drivers Deny Discovery Lapses In Yearslong Pay Suit
Ten former Amazon Flex delivery drivers are pushing back against the e-commerce giant's bid to disqualify them as plaintiffs in an eight-year-old collective wage action, contending they have "gone above and beyond" in their efforts to comply with the company's document demands.
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February 19, 2025
FCC Decision To Nix Complaint Against Fox TV Appealed
A media advocacy group appealed a mid-January Federal Communications Commission decision to toss a complaint against Fox TV's Philadelphia station over misinformation that aired following the 2020 election.
Expert Analysis
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Trump Patent Policy May Be Headed In Unexpected Direction
While commentators have assumed that the patent policy of President-elect Donald Trump's second administration will largely mirror the pro-patent policy of his first, these predictions fail to take into account the likely oversized influence of Elon Musk, says Jorge Contreras at the University of Utah.
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Mitigating Defamation Liability Risks Of AI-Generated Content
Until Congress and the courts provide clear guidance about defamation liability stemming from generative artificial intelligence tools, companies should begin building controls to prevent the creation of defamatory content, says Michael Gerrity at Accenture.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Takeaways From Final Regulations For China Investment Ban
The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.
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Compliance Considerations Of DOJ Data Security Rule
Under the U.S. Department of Justice's proposed rule aiming to prevent certain countries' access to bulk U.S. sensitive personal data, companies must ensure their vendor, employment and investment agreements meet strict new data security requirements — or determine whether such contracts are worth the cost of compliance, say attorneys at Eversheds Sutherland.
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Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons
As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.
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Nvidia Supreme Court Case May Not Make Big Splash
The skeptical tenor of the justices' questioning at oral argument in Nvidia v. Ohman Fonder suggests that the case is unlikely to alter the motion to dismiss pleading standard in securities class actions, as some had feared, say attorneys at WilmerHale.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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How D&O Coverage Can Aid Against Increased AI Scrutiny
The recent increase in regulatory enforcement and securities class actions stemming from corporate use of artificial intelligence should prompt companies to ensure that their directors and officers liability insurance coverage is appropriately tailored to AI-related risks, say attorneys at Reed Smith.
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FTC Focus: Zeroing In On Post-Election Labor Markets
The presidential election and the push-and-pull of the administrative state's reach are likely to affect the Federal Trade Commission's focus on labor markets, including the tenor of noncompete rule enforcement, say attorneys at Proskauer.
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Purse-Case Scenarios: 'MetaBirkin' Appeal Tests TM Rights
A federal court's finding that "MetaBirkin" nonfungible tokens infringed on Hermes' iconic Birkin bag imagery is now on appeal in the Second Circuit, and the order will have a lasting effect on how courts balance trademark rights and the First Amendment, say attorneys at Venable.
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OpenAI's Patent Pledge Is Not All It Seems
A recent statement that OpenAI won't assert its own patents is more of an aspiration than an obligation, and should prompt practitioners to think deeply about the underlying legal mechanisms of patent and contract law when determining the effectiveness of similar nonassertion pledges, say attorneys at McDonnell Boehnen.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Advising Employers As AI Meets DEI And Discrimination
Excerpt from Practical Guidance
Though companies can use artificial intelligence tools to develop more diverse and inclusive workforces, counsel should also prepare employers for how AI can stymie these efforts, provoke discrimination claims and complicate resulting litigation, says Emily Schifter at Troutman Pepper.
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Unpacking The CFPB's Personal Financial Data Final Rule
The Consumer Financial Protection Bureau's personal financial data rights rule includes several important changes from the proposed rule, and hundreds of pages of supplementary information that provide important insights into the manner in which the bureau will enforce the final rule, say attorneys at Sidley.