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Technology
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February 18, 2025
Google Can't Stop Mass Arbitration Opt-Outs In Privacy Row
A California federal judge has refused to block more than 69,000 consumers from opting out of a certified class action over the audio recording practices of Google's home devices in order to pursue their claims in individual arbitration, finding that the claimants had properly excluded themselves from the dispute.
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February 18, 2025
Equifax Can't Duck Employment Verification Monopoly Claims
A Pennsylvania federal judge on Tuesday refused to throw out a proposed class action accusing Equifax of monopolizing the income and employment verification market, rejecting Equifax's argument that plaintiff Greystone Mortgage hasn't plausibly alleged that Equifax engaged in anticompetitive conduct.
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February 18, 2025
Amazon Says Stalking Happened Before It Linked With Tile
Amazon has asked a California federal court to throw out a proposed class action alleging that Bluetooth tracking devices sold via a partnership with Tile Inc. are dangerous because they empower stalkers, saying Amazon "played no role whatsoever" in the alleged conduct, which happened before Tile started working with it.
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February 18, 2025
Net Neutrality Supporters Want 6th Circ. Redo On FCC Rule
Public interest groups urged the full Sixth Circuit on Tuesday to reconsider toppling net neutrality rules, arguing that the court's holding conflicts with sister circuits' take on whether broadband providers can be regulated under the Telecommunications Act.
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February 18, 2025
IPhone Buyers Can't Get Apple DOJ Docs Before Discovery
Apple doesn't have to turn over the millions of documents it gave the U.S. Department of Justice as part of a private monopolization suit brought by iPhone and Apple Watch buyers, at least not until discovery, a judge overseeing the recently created multidistrict litigation has said.
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February 18, 2025
Data Science Co. Director Admits $7M Skim In Del. Hearing
An officer and co-founder of a Hong Kong-headquartered data science company who acknowledged skimming nearly $7 million from the business during a Delaware Court of Chancery hearing was found Tuesday to have breached his fiduciary duty to the company and was ordered to return the cash.
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February 18, 2025
Web Data Co. Hid Customer Usage Slowdown, Suit Says
Web data collection solutions company Alarum has been hit with a proposed shareholder class action in New Jersey federal court alleging the company failed to disclose its struggles in keeping and expanding customer engagements, which led to reduced customer spending.
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February 18, 2025
5th Circ. Questions X's Need For Watchdog's Donor Lists
Fifth Circuit judges expressed concern Tuesday that X Corp.'s bid to identify a watchdog's donors could chill free speech, questioning how the information could prove the watchdog published an allegedly false article that caused major advertisers to abandon X.
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February 18, 2025
Pa. Justices To Weigh Philly Ban On 3D-Printed Gun Parts
The Pennsylvania Supreme Court will decide whether a state law preempting most local gun restrictions applies to the whole field of firearms regulations, or whether ordinances like Philadelphia's ban on 3D printing gun parts and assembling them are exempted because the parts aren't "firearms" themselves, the court announced Tuesday.
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February 18, 2025
Suit Blames Electrolux Burners For Pa. Family's House Fire
Subsidiaries of Swedish appliance manufacturer Electrolux are facing another design defect lawsuit claiming that its stove knobs are too easily turned on by accident, with the latest suit coming from a Philadelphia-area family whose home burned down.
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February 18, 2025
Meta Repeats Push To Halt Social Media Coverage Row In Del.
Meta urged a Delaware federal court again to stay coverage proceedings over underlying claims it deliberately designed its platforms to be addictive to adolescents, noting the Judicial Panel on Multidistrict Litigation may soon transfer the case to California federal court, where the underlying litigation is taking place.
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February 18, 2025
Human Rights Atty Sees 'Serious Risks' Of Neural Data Abuse
International human rights attorney Jared Genser spoke with Law360 Healthcare Authority about the "serious risks of misuse and abuse of neurotechnologies" that have led California and Colorado to expand their state consumer privacy laws in the last year to include neural data, with similar bills pending in Montana, Massachusetts and Illinois.
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February 18, 2025
Howard Lutnick Wins Senate Nod To Lead Commerce Dept.
The Senate voted 51-45 Tuesday evening to confirm longtime Wall Street financier Howard Lutnick to be secretary of the U.S. Department of Commerce.
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February 18, 2025
Magnetics Co. Loses Constitutional Grounds Dismissal Bid
A Kentucky federal judge on Tuesday refused to dismiss certain claims against a magnetics manufacturer and its executives, finding the assertion that technical-data licensing requirements are unconstitutionally vague needs more examination at trial.
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February 18, 2025
Telecoms Hope New Ag Secretary Pushes Permit Reform
Builders of cable systems and cell towers called for the new secretary of the U.S. Department of Agriculture to help remove what they perceive as unnecessary hurdles to broadband deployment projects.
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February 18, 2025
Trump Media Blames Rising Loss Partly On SEC Legal Bills
The owner of President Donald Trump's social media platform attributed its widening losses in part to rising legal costs from the Biden-era U.S. Securities and Exchange Commission's investigations of the merger that took the company public, according to a statement.
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February 18, 2025
DC Court Asked To Block DOGE's Access To Taxpayer Data
A federal judge should block the U.S. Treasury Department's reported provision of taxpayer data to the Department of Government Efficiency, halt DOGE's access and order its software uninstalled from Treasury systems, unions and advocacy organizations said in a complaint.
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February 18, 2025
Apple Wins Ax Of Heart Monitor Patent In PTAB Remand
After being ordered by the Federal Circuit to reconsider its decision upholding some claims of an Omni MedSci Inc. heart rate monitor patent challenged by Apple Inc., the Patent Trial and Appeal Board has found all the claims of the patent invalid as obvious.
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February 18, 2025
Ex-Goldman Atty Squires Expected To Be Named USPTO Head
John A. Squires — Goldman Sachs' longtime chief intellectual property counsel, co-founder of Fortress' IP Investment fund and current Dilworth Paxson LLP partner — is expected to be chosen as the Trump administration's nominee for U.S. Patent and Trademark Office director, about a half-dozen sources with knowledge of the agency said Tuesday.
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February 18, 2025
DOJ Noncommittal On Cognizant Bribe Trial Amid FCPA Order
In the wake of President Donald Trump's Feb. 10 executive order pausing enforcement of the Foreign Corrupt Practices Act, prosecutors told a federal judge Monday that they are preparing for a March 3 trial in their charges alleging two former executives of Cognizant Technology Solutions Corp. authorized a bribe to an Indian official, but that the case is under review.
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February 18, 2025
Chancery Tosses Class Suit Challenging Trade Desk CEO Pay
Stockholders who sued to block an up to $5.2 billion, multiyear chairman's compensation package for global digital marketing venture The Trade Desk failed to show a required inference of director liability or bad faith, a Delaware vice chancellor has ruled.
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February 14, 2025
ITC Bans Some Power Converter Devices In Vicor Patent Case
The U.S. International Trade Commission has issued a limited order banning certain power converter modules and computing systems from being imported into the U.S., in a final decision that upheld most of an administrative law judge's findings in the dispute over patents held by electronics company Vicor Corp.
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February 14, 2025
Tech Cos. Say Gilstrap Bungled Eligibility Instructions
Three tech companies are taking issue at the Federal Circuit with jury instructions in a Texas case that implicate the U.S. Supreme Court's Alice decision, telling the Federal Circuit that the instructions "lower the standard for patent eligibility."
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February 14, 2025
Digital Health Co. Beats Some Claims In SPAC Investor Suit
A New Jersey federal judge has dismissed, with leave to amend, claims in an investor suit against a blank check company that took digital health equipment venture Butterfly Network Inc. public, finding that some of the shares the plaintiffs purchased are not traceable to the registration statement at issue in the suit.
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February 14, 2025
'Not For Sale': OpenAI Rebuffs Musk's $97.4B Takeover Bid
The board of directors for OpenAI voted unanimously on Friday to reject a $97.4 billion offer from Elon Musk and a consortium of investors to buy the artificial intelligence platform, with the board chair saying in a statement, "OpenAI is not for sale."
Expert Analysis
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Deepfakes In Court Proceedings: How To Safeguard Evidence
The legal community can confront the risks that deepfake technology poses to the integrity of court proceedings by embracing the latest detection technologies, developing comprehensive legal frameworks and fostering education and collaboration, say Daniel Garrie and Jennifer Deutsch at Law & Forensics.
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TM Suit Over Google AI Name Points To New Branding Issues
Gemini Data’s recent lawsuit in California federal court alleging Google’s rebranded artificial intelligence chatbot stole its name may have broader implications for the scope of trademark rights for AI-related products and highlights that an evolving marketplace may force companies to recalibrate how they protect their brands, say attorneys at ArentFox Schiff.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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How Patent Landscape Analysis Drives Business Growth
Keegan Caldwell at Caldwell Law explores how patent landscape analysis serves as a key driver of sustainable growth — examining how its components, strategic advantages and implementation best practices are reshaping innovation leadership.
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Del. Dispatch: Clarifying Charter Amendment Vote Obligations
The Delaware Court of Chancery recently held in Gunderson v. The Trade Desk that only a majority stockholder vote is needed to approve a company's proposed reincorporation from Delaware to Nevada through a corporate conversion, which bodes well for other companies also considering leaving the First State, say attorneys at Fried Frank.
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A Look At The Hefty Demands In Calif. Employer AI Draft Regs
California's draft regulations on artificial intelligence use in employment decisions show that the California Privacy Protection Agency is positioning itself as a de facto AI regulator for the state, which isn't waiting around for federal legislation, says Lily Li at Metaverse Law.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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OCC Recovery Guidance Can Help Banks Bounce Back Better
The Office of the Comptroller of the Currency's recently finalized recovery guidelines add to the constellation of exercises that larger banks must undertake, while also aiding information-gathering and preparedness efforts that can help prevent — or better manage — bank failures, say attorneys at Davis Wright.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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A Look At Similarities Between SOX And SEC's Cyber Rule
Just as the Sarbanes-Oxley Act paved the way for greater transparency and accountability in financial reporting, the SEC's cybersecurity rule is doing much the same for cybersecurity, ensuring that companies are resilient in the face of growing cyber threats, says Padraic O'Reilly at CyberSaint.
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Opinion
Efficiency Dept. Should Consolidate Antitrust Enforcement
President-elect Donald Trump's planned Department of Government Efficiency should transfer the authority of the Federal Trade Commission's Bureau of Competition into the U.S. Department of Justice's Antitrust Division, because there is no justification for two federal entities to enforce antitrust and competition laws, says retired judge Susan Braden.
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What To Expect Next From Federal Health Tech Regulation
Healthcare organizations should pay close attention to federal health information technology regulators' recent guidance concerning barriers to accessing electronic health information, which signals that more enforcement in this area is likely forthcoming, say attorneys at Ropes & Gray.
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DOD Cybersecurity Rule Will Burden And Benefit Contractors
The U.S. Department of Defense’s cybersecurity certification program, finalized in October, will pose tricky and expensive challenges for contractors, given its many requirements and the scarcity of third-party assessors who can provide certification, but companies may ultimately benefit from a narrower pool of competitors, say attorneys at Miles & Stockbridge.
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Class Actions At The Circuit Courts: November Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.
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5 Areas Congress May Investigate After GOP Election Wins
With Republicans poised to take control of Congress in addition to the executive branch next year, private companies can expect an unprecedented uptick in congressional investigations focused on five key areas, including cryptocurrency and healthcare, say attorneys at Cahill Gordon.