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Technology
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July 09, 2024
McDermott Lands 22-Year Latham Securities Litigator In LA
McDermott Will & Emery has brought in the global co-chair of Latham & Watkins LLP's securities litigation and professional liability practice group to join its Los Angeles office.
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July 09, 2024
Sidley Brings On Tech, M&A Atty From Goodwin In San Diego
Sidley Austin LLP has brought on a former Goodwin Procter LLP partner in San Diego, strengthening the firm's mergers and acquisitions and emerging companies and venture capital practices.
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July 09, 2024
Davis Malm, Partner Dropped From Investor Suit
Davis Malm & D'Agostine PC and one of its partners have been dropped from a suit alleging a former client of the firm convinced a group of investors to back a startup, then misused their funds.
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July 08, 2024
Shopify Privacy Ruling Threatens AGs' Work, 9th Circ. Told
Attorneys general from 30 states and the District of Columbia, along with a trio of California city attorneys, are calling on the Ninth Circuit to revive a proposed class action accusing payment processing company Shopify of collecting shoppers' sensitive information without permission, arguing that the dispute threatens to deprive them of their ability to enforce their states' consumer protection laws.
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July 08, 2024
Holland & Hart Dodges Deposition Order In Discovery Spat
A Washington federal judge said from the bench Monday that she would not order the deposition of High 5 Games LLC's defense team for alleged discovery misconduct in a class action accusing the company of targeting gambling addicts, ruling the depositions were not crucial to make a case for sanctions.
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July 08, 2024
Fed. Circ. Won't Let Charter Shake Off Texas Patent Suit
The Federal Circuit on Monday turned down an argument from Charter Communications to direct a lower court in Marshall, Texas, to toss a patent infringement suit it's facing — less than a year after the cable company lost a nearly identical argument in a different patent case before the appeals court.
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July 08, 2024
Class Attys Seek 24.4M Tesla Shares For Musk Pay Suit Win
A stockholder attorney whose team won an order voiding Tesla CEO Elon Musk's $56 billion, stock-based, 10-year compensation package in January urged Delaware's Court of Chancery on Monday to reject as "inherently wrong" the electric vehicle manufacturer's attacks on winning-side, stock-based attorney fee proposals ranging in value from $1.44 billion to more than $7 billion.
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July 08, 2024
Orgs Worry FCC Could Overreach On Network Security
The Federal Communications Commission should rein in its plans to impose new security rules regarding the crucial routing technology used by the internet, lest it prompt other countries to devise their own and start a domino effect, two internet security advocates have told the agency.
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July 08, 2024
Patent Office Continues To Fight Smartflash's FOIA Suit
The U.S. Patent and Trademark Office has again said it shouldn't have to turn over documents an inventor is seeking about Patent Trial and Appeal Board reviews of his patents, saying that doing so would harm its ability to respond to public information requests.
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July 08, 2024
Federal Circuit Doubts Impropriety Of $4K H-1B Fraud Fee
A Federal Circuit panel seemed unpersuaded Monday by an argument from software companies that a $4,000 fraud fee for H-1B visa petitions does not apply to noncitizens in the U.S. seeking to change their nonimmigrant visa status to H-1B.
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July 08, 2024
Netherlands-Based NXP Cos. Want Out Of Texas IP Suit
Semiconductor company NXP Semiconductors NV and NXP BV, which are both based in the Netherlands, have said a Texas federal judge should throw out a lawsuit claiming they infringed more than half a dozen patents owned by Redwood Technologies LLC, saying the court doesn't have authority over the foreign companies.
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July 08, 2024
Patient Says Health System Shares Data With Meta, Google
Henry Ford Health in Michigan was hit with a proposed class action Friday alleging that it shares patients' private health information with third parties such as Meta and Google by allowing the companies to have tracking software embedded in its website, including its patient portal, where sensitive health information is uploaded.
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July 08, 2024
ITC Hands Innoscience Partial Loss In Semiconductor IP Row
A judge at the U.S. International Trade Commission has found that Innoscience flouted federal law by importing semiconductor technology that infringes an Efficient Power Conversion patent.
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July 08, 2024
Medical Device Co. SeaStar Sued Over Regulatory Disclosures
A healthcare holding company has been hit with a potential shareholder class action alleging it misled investors about the potential regulatory risks and compliance deficiencies associated with bringing its kidney disease treatment device to market, leading to share declines as the information emerged.
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July 08, 2024
Conn. Asset Manager Offers Grayscale $2M Out For Ad Suit
A Fairfield, Connecticut-based asset management firm that accused Grayscale Investments LLC of falsely advertising its services in order to lure investors informed the company and the Constitution State court hearing its lawsuit that it would be willing to settle the matter for a just below $2 million payment.
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July 08, 2024
Patent Holder Drops VoIP Suits Against Capital One, Fidelity
A small company that owns a voice recognition technology patent has agreed to drop its lawsuits in Texas federal court against Capital One and Fidelity.
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July 08, 2024
Delivery Hero Says It Could Face €400M Antitrust Fine
International food ordering service Delivery Hero disclosed that it could be fined more than €400 million ($433.3 million) by European enforcers over alleged agreements with other online food delivery companies to split markets, share information and not hire workers from one another.
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July 08, 2024
Catching Up With Delaware's Chancery Court
Prince's heirs were left standing alone in a cold world last week after Delaware's Court of Chancery found their attempts to gain control of the late musician's estate too demanding. Delaware's court of equity also waved a wand for Walt Disney and slashed nearly $10 million from a damages award for Sears stockholders. In case you missed anything, here's a recap of all the latest news from Delaware's Chancery Court.
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July 08, 2024
The Biggest Patent Rulings Of 2024: A Midyear Report
The Federal Circuit issued its first en banc patent decision since 2018, a circuit judge's suspension was solidified and courts shed further light on foreign damages and skinny labels. Here's a look back at these rulings and other top patent decisions from the first half of 2024.
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July 05, 2024
GitHub, OpenAI Get Developers' Copyright Claim Tossed
A California federal judge has trimmed software developers' suit claiming OpenAI and Microsoft's GitHub ripped off their source code to build artificial intelligence tools, axing their claim under the Digital Millennium Copyright Act, according to an order unsealed Friday.
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July 05, 2024
Calif. Privacy Agency Floats Data Broker Registry Rules
California's privacy agency on Friday kick-started the process for formalizing rules to guide data brokers on how to properly register under a groundbreaking state law that imposes significant new data deletion and disclosure obligations on these companies.
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July 05, 2024
Apple Says Masimo Can't Rely On LKQ In Design Patent Fight
Apple Inc. has told a Delaware federal court that medical tech company Masimo Corp.'s attempt to use the Federal Circuit's latest holding on design patent jurisprudence in one of their multiple ongoing legal fights surrounding the Apple Watch "fails to address any … authority concerning any pending motion."
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July 05, 2024
Peloton Must Face Wiretapping Suit Over AI-Training Chat Tool
A California federal judge refused Friday to toss a proposed class action alleging Peloton uses third-party software Drift to secretly eavesdrop on its website users' communications through its chat box function, ruling that the complaint plausibly alleges Drift functions as a third-party eavesdropper and uses intercepted communications to train artificial-intelligence tools.
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July 05, 2024
UpHealth Says $110M Glocal Award Can Be Enforced
Bankrupt medical tech company UpHealth has urged an Illinois court to enforce a $110 million arbitral award against Indian digital healthcare services platform Glocal Healthcare in a bitter feud over an ill-fated merger, saying the court should reject Glocal's argument that the tribunal exceeded its powers.
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July 05, 2024
9th Circ. Backs Remand Of Cedars-Sinai Patient Data Suits
The Ninth Circuit held Friday that a trio of proposed class actions accusing Cedars-Sinai of improperly sharing patients' personal information with tech companies indeed belong in California state court, agreeing with a lower court that the health provider wasn't acting at the direction of the federal government.
Expert Analysis
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Proactive Strategies Can Reduce Truck Cos.' Accident Liability
The legal complications of trucking accidents can be grave — so transportation companies and their attorneys should implement proactive strategies that include driver safety programs, pre-accident legal counseling, electronic monitoring and attorney involvement at crash scenes, says Mandy Kolodkin at Segal McCambridge.
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Binance Ruling Spotlights Muddled Post-Morrison Landscape
The Second Circuit's recent decision in Williams v. Binance highlights the judiciary's struggle to apply the U.S. Supreme Court's Morrison v. National Australia Bank ruling to digital assets, and illustrates how Morrison's territorial limits on the federal securities laws have become convoluted, say Andrew Rhys Davies and Jessica Lewis at WilmerHale.
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Data Protection Steps To Consider After Biden Privacy Order
A recent White House executive order casts a spotlight on the criticality of securing sensitive content communications, presenting challenges and necessitating a recalibration of practices, especially for lawyers, says Camilo Artiga-Purcell at Kiteworks.
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Practical Pointers After Fed. Circ. Double-Patenting Decision
With the Federal Circuit recently denying a full court review of In re: Cellect, a decision regarding obviousness-type double-patenting, affected patent family holders should evaluate their rights through both patent prosecution and future litigation lenses to minimize risks, say Austin Lorch and Jeff Wolfson at Haynes Boone.
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Why Corporate DEI Challenges Increasingly Cite Section 1981
As legal challenges to corporate diversity, equity and inclusion initiatives increase in the wake of the U.S. Supreme Court's ruling on race-conscious college admissions last year, Section 1981 of the Civil Rights Act is supplanting Title VII as conservative activist groups' weapon of choice, say Mike Delikat and Tierra Piens at Orrick.
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What New Conn. Insurance Bulletin Means For Data And AI
A recent bulletin from the Connecticut Insurance Department concerning insurers' usage of artificial intelligence systems appears consistent with the National Association of Insurance Commissioners' gradual shift away from focusing on big data, and may potentially protect insurers from looming state requirements despite a burdensome framework, say attorneys at Day Pitney.
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Surveying Legislative Trends As States Rush To Regulate AI
With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.
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How Duty Of Candor Figures In USPTO AI Ethics Guidance
The duty of candor and good faith is an important part of the artificial intelligence ethics guidance issued last week by the U.S. Patent and Trademark Office, and serious consequences can visit patent and trademark applicants who violate that duty, not just their attorneys and agents, says Michael Cicero at Taylor English.
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Del. Match.com Ruling Maintains Precedent In Time Of Change
Despite speculation that the Delaware Supreme Court could drive away corporations if it lowered the bar for business judgment review in its Match.com stockholder ruling, the court broke its recent run of controversial precedent-busting decisions by upholding, and arguably strengthening, minority stockholder protections against controller coercion, say Renee Zaytsev and Marc Ayala at Boies Schiller.
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The Future Of BIPA Insurance Litigation After Visual Pak
A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.
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Patent Lessons From 8 Federal Circuit Reversals In March
A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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First 10b5-1 Insider Trading Case Raises Compliance Issues
The ongoing case against former Ontrak CEO Terren Peizer is the U.S. Department of Justice's first insider trading prosecution based primarily on the filing of 10b5-1 plans, and has important takeaways for attorneys reviewing corporate policies on the possession of material nonpublic information, say attorneys at Cadwalader.
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Tenn. Law Protecting Artists From AI Raises Novel Issues
Tennessee recently enacted a law that extends the right of publicity protection to individuals' voices in an attempt to control the proliferation of artificial intelligence in the music industry, presenting fascinating questions about the First Amendment, the fair use doctrine and more, say attorneys at Davis Wright.
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Consumer Privacy Takeaways From FTC Extraterritorial Action
With what appears to be its first privacy-related consent agreement with a non-U.S. business, the Federal Trade Commission establishes that its reach is extraterritorial and that consumer internet browsing data is sensitive data, and there are lessons for any multinational business that handles consumer information, say Olivia Greer and Alexis Bello at Weil.
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A Look At Ex Parte Seizures 8 Years Post-DTSA
In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.