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November 26, 2024
Tort Report: Fla. Jury Delivers $141.5M Trucking Crash Verdict
A pending Pennsylvania Supreme Court case over Uber's so-called click-through arbitration agreements and a $141.5 million trucking crash verdict out of Florida lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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November 26, 2024
Smart Devices Fail To Disclose Security Lifespan, FTC Says
As holiday shopping gets underway, the Federal Trade Commission is raising alarm about smart device update disclosures, saying an overwhelming majority of devices – from hearing aids to home security cameras and fitness devices — come without clear information on how long the manufacturer will keep them protected from security risks.
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November 26, 2024
Apple, Shyamalan Can't Dodge IP Suit Over 'Servant' Series
A California federal judge refused to toss an indie director's claims that filmmaker M. Night Shyamalan copied her movie to make a TV show for Apple TV+, agreeing with the Ninth Circuit that the issue of whether the two works are substantially similar will need to be resolved by a jury.
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November 26, 2024
Google Search Judge Says AI Will Affect Remedy Phase
The judge overseeing the government's search monopolization case against Google suggested Tuesday in D.C. federal court that artificial intelligence is shifting the market and will likely play a role in the remedies the court imposes on Google for allegedly violating antitrust law.
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November 26, 2024
T-Mobile, Sprint Slam FCC Privacy Fine At DC Circ.
T-Mobile and Sprint are asking the D.C. Circuit to knock down $92 million in fines the FCC slapped them with for selling users' sensitive location data, saying that a recent U.S. Supreme Court decision backs their contention they deserved a jury trial.
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November 26, 2024
Don't Undermine Existing CBRS Users, Wireless Cos. Tell FCC
Businesses that rely on the Citizens Broadband Radio Service want the Federal Communications Commission to refrain from making any changes that could disrupt existing business users of the tiered access spectrum.
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November 26, 2024
Report Floats Indoor-Only Sharing For Federal Spectrum
A public interest group is urging federal agencies to consider indoor-only use by new users across five spectrum bands currently occupied by federal users in order to allow sharing by private users without compromising the needs of military and other incumbent networks or risking interference.
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November 26, 2024
Netflix Ditches Investor Suit Over Account Sharing For Good
A California federal judge on Tuesday dismissed a proposed class action accusing Netflix and its executives of misleading investors about growth challenges tied to account sharing, concluding "further leave to amend would be futile," since the investor plaintiffs were already given a chance to show that statements made were misleading.
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November 26, 2024
EchoStar, Navajo Push FCC For Fixed Wireless In 12 GHz
EchoStar Corp. and other 12 gigahertz license holders said they can provide the Navajo Nation part of that spectrum band to help deploy broadband on tribal lands if the Federal Communications Commission paves the way for fixed 5G wireless services.
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November 26, 2024
Autodesk Wants Out Of Investor Suit Over Internal Controls
Autodesk Inc. asked a California federal judge on Tuesday to toss a proposed class action alleging the software company's stock price dropped after investors learned it lacked proper internal controls due to issues with its free cash flow and operating margin practices, saying its business plan statements at issue were "forward-looking" and accompanied by "cautionary" language.
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November 26, 2024
Justices Told To Review Fight Over PTAB Panel Makeups
A company that had its processor module patent claims thrown out by the Patent Trial and Appeal Board is arguing at the U.S. Supreme Court that the way the board is set up flouts the Administrative Procedure Act.
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November 26, 2024
Meta Wipes Out Some Claims In WDTX Patent Case
Meta has scored a ruling from Waco's U.S. District Judge Alan Albright finding that some of the language in patents connected to a failed mobile fitness brand, asserted against Meta's virtual reality headsets, fails to hold up in court.
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November 26, 2024
Paul Hastings Seeks GenapSys CEO Depo In Malpractice Suit
Paul Hastings LLP has called on a California court to compel the founder and former CEO of GenapSys to sit for a deposition in a legal malpractice suit alleging that the firm improperly drafted board documents that invited an expensive lawsuit and led to the genetic sequencing company's "demise and liquidation."
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November 26, 2024
Navajo Nation's Diné College Awarded 2nd Medical Patent
The School of STEM at Diné College has secured a second patent for a device designed to measure and record various electric signals from the body's organs for diagnostic purposes, making it the only tribal college or university in the nation to receive such patents.
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November 26, 2024
Mexico Floats Retaliation Against New Trump Tariffs
Hours after President-elect Donald Trump threatened new tariffs on China, Canada and Mexico, Mexican President Claudia Sheinbaum signaled that her government would respond with levies of its own Tuesday, imploring Trump to take a more diplomatic approach.
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November 26, 2024
GTCR Plugs $1.33B Into Software Testing Biz Tricentis
Software testing and engineering company Tricentis, advised by Willkie Farr & Gallagher LLP, on Tuesday revealed that it has reached an enterprise value of $4.5 billion following a $1.33 billion investment from Kirkland & Ellis LLP-led private equity giant GTCR.
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November 26, 2024
FTC Says AI Weapons-Screening Biz Hyped Faulty Scanners
The Federal Trade Commission on Tuesday accused Evolv Technologies of making false and unsupported claims that its AI-powered security screening products detect weapons while ignoring harmless personal items.
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November 26, 2024
IRS Confirms Commerce Payments In Chips Tax Credit
Semiconductor development projects that received funding awards from the U.S. Commerce Department's CHIPS incentives program are considered investments that can also take advantage of the advanced manufacturing tax credit, the Internal Revenue Service confirmed Tuesday in guidance.
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November 26, 2024
Streaming Biz Brightcove Sold In $233M Go-Private Deal
Streaming technology company Brightcove Inc., advised by Goodwin Procter LLP, has agreed to go private and be bought by Latham & Watkins LLP-led software company Bending Spoons in an all-cash deal valued at around $233 million.
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November 25, 2024
Trump Vows Tariffs For Canada, Mexico, China On Day One
President-elect Donald Trump announced on social media Monday that he will implement steep tariffs on America's allies Canada and Mexico, as well as China, immediately after taking the oath of office on Inauguration Day.
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November 25, 2024
Fla. IT Worker Gets 4 Years In Chinese Spying Case
An information technology worker who pled guilty to working as a "cooperative contact" for the Chinese government was sentenced in Florida federal court Monday to four years behind bars, the U.S. Department of Justice said.
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November 25, 2024
Geico, Travelers To Pay NY $11.3M To Settle Data Security Row
New York's financial services regulator and attorney general revealed Monday that they've hit Geico and Travelers with $11.3 million in penalties for the auto insurers' alleged failure to adequately secure driver's license numbers, birth dates and other personal information that was compromised as part of a hacking campaign targeting online rate quote tools.
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November 25, 2024
Samsung Inks Deal In Suit Nixed Over Rival's Atty Misconduct
Samsung has reached a settlement with patent owner Techiya, a deal that comes after Samsung defeated the $300 million patent infringement suit based on attorney misconduct by former in-house counsel that a Texas federal judge called "repugnant to the rule of law," according to a motion filed Sunday.
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November 25, 2024
Uber Negligence Case Can Be Arbitrated, NY High Court Says
New York's highest court affirmed on Monday that a woman who was struck by a car upon exiting an Uber in Brooklyn must pursue her negligence claims in arbitration, after a divided panel upheld the rideshare company's "clickwrap" arbitration agreement.
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November 25, 2024
Ad Tech Judge Says Google 'Completely Different' From Amex
The Virginia federal judge weighing the fate of Google's display advertising placement business cast doubt Monday on a key element of the company's defense, asserting during closing arguments that the U.S. Supreme Court's landmark Amex decision, requiring consideration of two-sided markets, is far removed from Google's ad tech stack.
Expert Analysis
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2 High Court Securities Cases Could Clarify Pleading Rules
In granting certiorari in a pair of securities fraud cases against Facebook and Nvidia, respectively, the U.S. Supreme Court has signaled its intention to align interpretations of the heightened pleading standard under the Private Securities Litigation Reform Act amid its uneven application among the circuit courts, say attorneys at V&E.
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What 2 Key Rulings Mean For Solicitation Under TCPA
Two recent rulings from federal district courts in New York and California — each of which came to a different conclusion — bring to light courts' continued focus on and analysis of when an alleged communication constitutes a solicitation under the Telephone Consumer Protection Act, say Felix Shipkevich and Jessica Livingston at Shipkevich.
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Series
NY Banking Brief: All The Notable Legal Updates In Q3
In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Del. Dispatch: Cautionary Tales Of 2 Earnout Effort Breaches
The Delaware Court of Chancery's tendency to interpret earnout provisions precisely as written, highlighted in two September rulings that found buyers breached their shareholder obligations when they failed to make reasonable efforts to hit certain product development milestones, demonstrates the paramount importance of precisely wording these agreements, say attorneys at Fried Frank.
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Series
A Day In The In-House Life: Best Egg CLO Talks Power Of Prep
On a typical Monday in her life, Best Egg Chief Legal Officer Amy Thoreson Long chronicles a remote workday in which she makes time for everything from getting ahead on regulatory issues and researching recent Supreme Court decisions to dog walks and podcast breaks.
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Navigating The Complexities Of Cyber Incident Reporting
When it comes to cybersecurity incident response plans, the uptick in the number and targets of legal and regulatory actions emphasizes the necessity for businesses to document the facts underlying the assumptions, complexities and obstacles of their decisions during the incident response, say attorneys at Troutman Pepper.
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The Trade And Tax Issues Behind US-Canada Digital Tax Clash
The new Canadian digital services tax recently went into effect despite objections from the U.S., a controversy that represents an unusual mix of trade and tax policy, and many companies have been pondering how it will affect their e-commerce businesses, says Damon Pike at BDO.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Opinion
Bill Is Key To Protecting US Economy From Patent Piracy
It is critical that Congress pass a recently introduced bill that would protect U.S. investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.
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Defending AI, Machine Learning Patents In Life Sciences
Ten years after the U.S. Supreme Court's decision in Alice v. CLS Bank, artificial intelligence and machine learning technology remain at risk for Alice challenges, but reviewing recent cases can help life sciences companies avoid common pitfalls and successfully defend their patents, say attorneys at Mintz.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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From Concept To Capital: 5 Stages Of Evolving IP Needs
Companies must understand the shifting intellectual property needs throughout an organization’s life cycle in order to protect innovation, which can be done by fortifying the IP portfolio, expanding and leveraging IP assets, and more, says Keegan Caldwell at Caldwell Law.
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4 Ways To Prepare For DOD Cyber Certification Rule
Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.