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Technology
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June 18, 2024
Worker Says Meta Penalized Him For Standing Up For Women
An engineer sued Meta on Tuesday in New York federal court alleging his manager gave him false negative performance reviews and told him to resign after he spoke up on behalf of female employees who were being stripped of responsibilities, passed over for promotions and unfairly criticized.
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June 18, 2024
Restitution Plan For Lead-Test Defects Leaves Judge Uneasy
A Massachusetts federal judge on Tuesday questioned the legality of a plan to have a claims administrator, rather than the court, oversee victim compensation in a criminal case alleging Magellan Diagnostics hid information about inaccurate results in its lead-testing devices.
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June 18, 2024
Musk Pay Claims Still Alive After Texas Vote, Chancery Told
Attorneys for Tesla stockholders who won a Court of Chancery order voiding CEO Elon Musk's mammoth stock-based compensation plan in January are rejecting as having no legal effect a vote last week to ratify the same 10-year package, once valued at $56 billion.
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June 18, 2024
Cooley Adds Ex-Kirkland Global Fund Formation Atty In NY
Cooley LLP has expanded its fund formation practice with the addition of an experienced fund formation attorney who previously worked at Kirkland & Ellis LLP and founded a venture advisory group for asset managers.
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June 18, 2024
HP Escapes 'Novel' 401(k) Suit Over Use Of Forfeited Funds
A California federal judge threw out a proposed class action that accused HP of unlawfully using former workers' forfeited 401(k) funds to satisfy its own contributions, saying nothing in federal benefits law required the company to use the funds to cover plan expenses.
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June 17, 2024
'What Am I Supposed To Do?': Epic-Apple Doc Row Irks Judge
A California federal judge presiding over Epic Games' high-stakes antitrust compliance fight against Apple expressed frustration Monday with the parties' disagreement over the scope of Apple's document production, asking counsel repeatedly "What am I supposed to do?" and "Do I need to get somebody on the stand to explain this?"
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June 17, 2024
Calif. Becomes Last State To Ink Deal Over Blackbaud Breach
Blackbaud Inc. has agreed to pay $6.75 million to resolve data security claims brought by California's attorney general, who was the only one to sit out a nearly $50 million settlement that the software provider reached last year with every other state over a 2020 ransomware attack that affected thousands of its customers.
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June 17, 2024
Startup Wants To Add More Than $200M To Boeing IP Verdict
Zunum Aero Inc. is urging a Washington federal judge to significantly boost a $72 million jury verdict against the Boeing Co. for misappropriating the electric jet startup's trade secrets, including adding $162.5 million in exemplary damages and nearly $52 million in legal costs and interest.
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June 17, 2024
Microsoft Renews Sanctions Bid Against Texas IP Law Firm
Microsoft asked a Texas federal court Friday to order Ramey LLP to pay its $100,000 attorneys' fees tab for "vexatiously" pursuing infringement litigation against it, even when the patent plaintiffs firm's now-former client CTD Networks LLC called for it to end.
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June 17, 2024
FTC Says Adobe Uses Fee To Trap Consumers In Subscription
Adobe Inc. has for years deceived customers by keeping them in the dark about an early termination fee for its most lucrative subscription plan, making it difficult to cancel and trapping consumers in subscriptions they no longer want, the Federal Trade Commission alleged Monday.
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June 17, 2024
Bitcoin Mining Hosting Vendor Can't Dodge $6.4M Suit
A Washington federal judge told a crypto computer host that it must face a suit from a bitcoin mining company accusing it of failing to return equipment worth $6.4 million, finding the hosting agreement allowed the mining company to demand access to all the equipment if the host failed to meet its obligations.
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June 17, 2024
Judge Cements Decision Clearing Cisco From $2.75B Ruling
There will be not be a third trial for a cybersecurity startup that has seen its multibillion-dollar patent win turn into nothing at all, a Virginia federal judge has decided, after a second trial found that Cisco wasn't actually infringing its patents.
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June 17, 2024
T-Mobile To Consider Changing 'Price Lock' Ads After Dispute
T-Mobile said it will look into modifying "Price Lock" advertising claims after AT&T told the National Advertising Division that the ads mislead consumers by suggesting that T-Mobile locks in a certain price, when it only offers a free month of home internet service under certain conditions if the price goes up.
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June 17, 2024
US Surgeon General To Seek Warning Label On Social Media
U.S. Surgeon General Vivek H. Murthy has called on lawmakers to require social media companies to put warnings on their sites that say young people who use them have more mental health issues, according to an opinion article published on Monday.
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June 17, 2024
9th Circ. Says Facebook 'Face Signatures' Not Subject To BIPA
The Ninth Circuit sided with Meta Platforms on Monday by declining to revive an Illinois resident's proposed class action accusing Facebook of breaking the state's Biometric Information Privacy Act, ruling that the "face signature" at issue isn't protected by the law because it cannot be used to identify someone.
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June 17, 2024
Tesla Says Texas Charter, Musk Pay Have Impact In Delaware
Pointing to recent Tesla stockholder votes to reincorporate in Texas and approve a mammoth Elon Musk pay package voided in Delaware, an attorney for Tesla has asked the Court of Chancery to reconsider holding a July 8 hearing on a proposed multibillion fee for class attorneys who won the Musk salary put-down.
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June 17, 2024
SEC Alleges Texas Man Offered Virgin Sham $200M 'Lifeline'
Securities regulators sued a venture capitalist and his investment firm in Texas federal court Monday, accusing the firm of making a bogus offer to invest $200 million into Virgin Orbit last year despite having less than $1 in its bank account and causing stock prices to swell before plummeting when the deal collapsed.
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June 17, 2024
Ad Tech Judge Says No 'Moving Target' Damages, No Jury
A Virginia federal judge refused to consider the government's "late-arriving" math on how much federal agencies were overcharged by Google's digital advertising placement technology, according to an order unsealed Friday, a decision that allowed Google to successfully short-circuit the U.S. Department of Justice's damages claim and avoid a jury trial sought by the agency.
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June 17, 2024
Toss Universal Service Fund Challenge, FCC Urges 5th Circ.
The Federal Communications Commission on Monday urged the Fifth Circuit to throw out a challenge to the agency's telecom subsidy system after the U.S. Supreme Court declined to take up a pair of similar cases.
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June 17, 2024
Top Patent Eligibility Rulings In The Decade Since Alice
The U.S. Supreme Court's Alice v. CLS Bank decision 10 years ago this week led to scores of inventions being found ineligible for patenting, and rulings since then have fleshed out the law on the contentious topic. Here's a look at the most notable patent eligibility decisions after Alice.
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June 17, 2024
Google Says Texas Took Opposing Positions On Key Law
Google told a Texas federal court the state attorney general's office made arguments in the case accusing the tech giant of monopolizing display advertising technology that directly contradict arguments the state is making in a case challenging the Pregnant Workers Fairness Act.
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June 17, 2024
FTX, Customers Lay Claim To SBF's $11B Forfeiture Tab
FTX told the New York federal court that hit the company's founder Sam Bankman-Fried with a 25-year prison sentence and an $11 billion forfeiture order that the now-defunct cryptocurrency exchange has a right to those funds, while a group of its former clients asserted a similar claim for itself.
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June 17, 2024
Bookstores Appeal Denied Bid To Join FTC's Amazon Case
A trade association for bookstores is appealing to the Ninth Circuit after a lower court refused its request to intervene in the Federal Trade Commission's antitrust suit against Amazon that raises concerns about the e-commerce giant's sale of books and contracts with publishers.
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June 17, 2024
Huawei Slams Netgear's 'Tenuous' RICO Case
Huawei has responded to a racketeering and antitrust case from a major U.S. maker of Wi-Fi routers by calling it "rife with tenuous legal and factual claims" and comparing its reworking of patent infringement allegations to the U.S. Federal Trade Commission's failed antitrust case against Qualcomm.
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June 17, 2024
OECD Tax Plan Is Developing Nations' Best Choice, Prof Says
Developing countries could gain more revenue from the OECD's multilateral plan to tax the digital economy than the U.N. Tax Committee's bilateral alternative because they have small treaty networks, many customers and few large companies, an academic argued Monday during an Oxford University panel.
Expert Analysis
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A Recipe For Growth Equity Investing In A Slow M&A Market
Carl Marcellino at Ropes & Gray discusses the factors bolstering appetite for growth equity fundraising in a depressed M&A market, and walks through the deal terms and other ingredients that set growth equity transactions apart from bread-and-butter venture capital investing.
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Patent Damages Jury Verdicts Aren't Always End Of The Story
Recent outcomes demonstrate that patent damages jury verdicts are often challenged and are overturned approximately one-third of the time, and successful verdict challenges typically occur at the appellate level and concern patent validity and infringement, say James Donohue and Marie Sanyal at Charles River.
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NY Tax Talk: Primary Function Is Key Analysis For Sales Tax
Two sales tax cases recently decided by New York's Appellate Division illustrate why both taxpayers and the state's Department of Revenue subscribe to the primary function test, a logical way to determine whether business transactions are subject to sales tax, say Elizabeth Cha and Jeremy Gove at Eversheds Sutherland.
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Notable Q1 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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Opinion
Viral Deepfakes Of Taylor Swift Highlight Need For Regulation
As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.
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New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
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Ill. Justices' Ruling Answers Corporate Defamation Questions
The Illinois Supreme Court's recent unanimous decision in Project44 v. FourKites provides needed certainty and direction for lower courts considering defamation cases involving communications to corporate officers from third parties outside the corporation, which could result in fewer unwarranted motions to dismiss in trial courts and nonmeritorious appeals, says Phillip Zisook at Schoenberg Finkel.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Opinion
CFPB Could, And Should, Revise Open Banking Rulemaking
In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Don't Fall On That Hill: Keys To Testifying Before Congress
Because congressional testimony often comes with political, reputational and financial risks in addition to legal pitfalls, witnesses and their attorneys should take a multifaceted approach to preparation, walking a fine line between legal and business considerations, say attorneys at Crowell & Moring.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Key Issues Raised By Colorado's Brain Data Privacy Bill
Colorado recently became the first state to provide consumer privacy protections for data generated from a person's brain waves, and despite the bill’s ambiguity and open questions introduced, the new law has helped turn the spotlight on neurodata, says Sara Pullen Guercio at Alston & Bird.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.