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Technology
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July 19, 2024
12 Firms Guiding IPO Quartet Projected To Exceed $5B
Twelve law firms are on tap to guide four initial public offerings scheduled for the week of July 22 that could exceed $5 billion combined, led by potentially the year's largest IPO from cold-storage warehouse giant Lineage Inc.
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July 19, 2024
San Francisco Lawmaker Floats Rent Algorithm Software Ban
A San Francisco lawmaker proposed a ban that would prohibit selling or using software that can be used for rent price fixing, and took aim at property management software companies such as RealPage and Yardi for their software allegedly being used for such a purpose.
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July 19, 2024
Two Class Atty Teams Challenge EngageSmart Deal In Del.
A new and an amended stockholder complaint have taken aim in Delaware's Court of Chancery at the $4 billion January take-private acquisition of customer engagement and payments venture EngageSmart Inc. by interests of Vista Equity Partners, following a Thursday deadline for consolidated complaint and lead attorney and plaintiff proposals.
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July 19, 2024
A Guide To The USPTO's Long List Of Requests For Comment
The U.S. Patent and Trademark Office has kept attorneys busy this year by seeking input on numerous patent issues and proposed rules. Here's a cheat sheet to the topics where feedback has been collected, from fee hikes to director reviews, and those with upcoming comment deadlines, including artificial intelligence.
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July 19, 2024
FTC Says Microsoft Price Hike Shows Activision Deal Harm
The Federal Trade Commission told the Ninth Circuit that Microsoft's recently announced Game Pass price increase is an example of the harm caused by the company's $68.7 billion acquisition of game developer Activision Blizzard Inc.
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July 19, 2024
Judge Recuses As Tech Firm Slams Dow Chemical's Request
An Ohio federal judge has recused himself from a trade secrets case brought against Dow Chemical Co. after the technology firm that sued it showed the court a settlement offer without approval that would grant Dow Chemical's recusal motion, which the tech firm said was a "cavalier approach to a drastic remedy."
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July 19, 2024
Several State Courts Impacted By Global Tech Outage
Several state courts have been impacted by a global Microsoft Windows outage Friday morning causing operational challenges and courthouse closures.
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July 19, 2024
Apple Wants Litigation Funder To Explain Role In Patent Row
Apple Inc. wants a Delaware federal judge to order litigation funder Omni Bridgeway LLC to turn over documents explaining its relationship with Finnish company MPH Technologies Oy and its financial interest in MPH's ongoing patent litigation against Apple in California.
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July 19, 2024
Chancery Keeps Masimo Meeting Date, Speeds Up Politan Suit
Masimo Corp. will not have to reschedule its Sept. 19 annual meeting in response to a lawsuit from Politan Capital Management LP, but will need to respond to some of the activist investor's concerns before the meeting takes place, a Delaware Chancery Court judge said Friday.
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July 19, 2024
A Deep Dive Into The Top PE Funds Of 2024's First Half
The five largest private equity funds to close in the first half of 2024 show that fundraising continues to march toward a comeback, a path consistent with what private equity attorneys mapped out at the end of last year.
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July 19, 2024
Rising Star: Davis Wright's Adam Sieff
Adam Sieff of Davis Wright Tremaine LLP has defended social media and technology companies like Yelp, Google and TikTok against attempts to limit their speech, helping to block a California law that would have restricted how online content is created and published and earning him a spot among the technology law practitioners under age 40 honored by Law360 as Rising Stars.
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July 19, 2024
Kirkland, MoFo Steer $139M Take-Private Of Medtech Biz
Augmedix Inc., advised by Morrison Foerster LLP, on Friday announced its plans to go private following its sale to fellow healthcare technology company Commure Inc., advised by Kirkland & Ellis LLP, in a deal that values Augmedix at roughly $139 million.
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July 19, 2024
FCC Looking Into 911 Disruptions From Global IT Outage
The Federal Communications Commission said Friday it was helping investigate 911 service disruptions that resulted from a global information technology outage that affected numerous industries, including telecommunications.
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July 19, 2024
Judge OKs $47.5M QuantumScape Shareholder Deal
A California federal judge granted preliminary approval to a $47.5 million deal ending class action allegations by QuantumScape investors that the company made misleading statements about the quality of its batteries.
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July 19, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a libel clash between comedian Paul Currie and the Soho Theatre Company over allegations of anti-semitism, technology giant Huawei face a patents claim by Mediatek, Westfield Europe pursue action against Clearpay Finance for contract breaches and tour operating company Carnival hit chartered airline Maleth Aero for significant flight delays. Here, Law360 looks at these and other new claims in the U.K.
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July 18, 2024
CoComelon Seeks Atty Fees And Sanctions After $23M IP Win
The company behind the popular children's YouTube channel CoComelon urged a California federal judge Thursday to follow up its $23.4 million copyright trial win by ordering a Chinese rival to pay an additional $6.5 million in attorney fees and costs, plus $1 million more for the rival's litigation misconduct.
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July 18, 2024
Feds Collar Would-Be 'Smart Ring' CEO For Investor Fraud
Los Angeles federal prosecutors have charged a Florida woman with securities and wire fraud with allegations detailing a $2 million investment scheme involving a purported "smart ring" company.
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July 18, 2024
Epic Says Apple's 'Strategic Delay' Tactics Still Ongoing
The ongoing fight between Epic Games and Apple over the tech giant's compliance with a court order meant to open up app payment competition showed little sign of abating as Epic continued to blast Apple for slow and incomplete production.
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July 18, 2024
Apple Wants 2 Trials In Masimo Trade Secrets And Patent Row
Apple has told a California federal judge that a November retrial in Masimo's suit against it should only cover claims including trade secrets that led to a mistrial last year after Masimo sought $1.85 billion, and that Masimo's patent claims should be tried later.
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July 18, 2024
Texas IP Firm Fights Microsoft With Dueling Sanctions Bid
Prolific patent litigator Bill Ramey has pushed back against Microsoft's bid to sanction his law firm in Texas federal court, filing his own sanctions motion that claims the tech giant and its attorney "gleefully" filed an improper declaration in the case to defame him and his firm.
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July 18, 2024
NTIA Gives FCC Routing Security Plan The Thumbs Up
The National Telecommunications and Information Administration says it's speaking for the Biden administration in throwing its weight behind the Federal Communications Commission's plan to impose new security rules regarding the crucial routing technology used by the internet.
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July 18, 2024
Fed. Circ. OKs Gilstrap's Alice Ax Of Background Check Patent
The Federal Circuit on Thursday upheld Eastern District of Texas Judge Rodney Gilstrap's invalidation of a background check patent for claiming only an abstract idea, as well as his refusal to award attorney fees to the small Texas city that prevailed in the case.
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July 18, 2024
Comcast Gets PTAB To Eye Patent Despite EDTX Trial
The Patent Trial and Appeal Board on Thursday said it will look into a petition by Comcast asking it to invalidate claims in a patent organizing "content on a display device" that is tied to a $338.7 million jury verdict and is being asserted in another case set to go to trial later this year.
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July 18, 2024
Google Warns Fed. Circ. Panel Backed Manipulating Damages
The Federal Circuit's decision to make Google pay EcoFactor $20 million for infringing a smart thermostat patent clears patent owners to "manufacture a royalty rate" and ignore both market realities and apportionment, Google told the full court in a bid for rehearing.
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July 18, 2024
State PUCs Urged To Keep Eye On Broadband Projects
States need to step up and do more to ensure that telecommunication companies working on Rural Digital Opportunity Fund projects within their borders do the work they committed to doing on time, according to a former Federal Communications Commission official.
Expert Analysis
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Car Apps, Abuse Survivor Safety And The FCC: Key Questions
A recent request for comment from the Federal Communications Commission, concerning how to protect the privacy of domestic violence survivors who use connected car services, raises key questions, including whether the FCC has the legal authority to limit access to a vehicle's connected features to survivors only, say attorneys at Davis Wright.
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Opinion
'Natural Person' Or Not, AI-Made IP Deserves Protection
The entire legal edifice rests on a determination that an artificial system is not a so-called natural person, and although this may appear to be straightforward on its face, rapid advances in technology may soon force us to revisit our understanding of a natural person, says Manav Das at McDonnell Boehnen.
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Lessons On Challenging Class Plaintiffs' Expert Testimony
In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Businesses Should Take Their AI Contracts Off Auto-Renew
When subscribing to artificial intelligence tools — or to any technology in a highly competitive and legally thorny market — companies should push back on automatic renewal contract clauses for reasons including litigation and regulatory risk, and competition, says Chris Wlach at Huge Inc.
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Del. Dispatch: Chancery's Evolving Approach To Caremark
Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.
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A GC's Guide To Multijurisdictional Regulatory Compliance
Overlapping cybersecurity regulation has created an increasingly fragmented regulatory landscape with elevated oversight for organizations across the globe, but general counsel can help develop a best-in-class approach to manage these complexities by building a compliance strategy holistically, say David Dunn and Meredith Griffanti at FTI Consulting.
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Global Bribery Probes Are Complicating FCPA Compliance
The recent rise in collaboration between the U.S. Department of Justice and foreign authorities in bribery enforcement can not only affect companies' legal exposure as resolution approaches vary by country, but also the decision of when and whether to disclose Foreign Corrupt Practices Act violations to the DOJ, say Samantha Badlam and Catherine Conroy at Ropes & Gray.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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When The Platform Is A Product, Strict Liability Can Attach
A New York state court's recent ruling in Patterson v. Meta, holding that social media platforms can be considered products, appears to be the first of its kind — but if it is upheld and adopted by other courts, the liability implications for internet companies could be incredibly far-reaching, say attorneys at Patterson Belknap.
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Key Takeaways From FDA Final Rule On Lab-Developed Tests
Michele Buenafe and Dennis Gucciardo at Morgan Lewis discuss potential consequences of the U.S. Food and Drug Administration's recently finalized rule regulating lab-developed tests as medical devices, and explain the rule's phaseout policy for enforcement discretion.
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Bankruptcy Courts Have Contempt Power, Del. Case Reminds
A Delaware bankruptcy court recently held Camshaft Capital and its principal in contempt, serving as a reminder to bankruptcy practitioners and anyone else that appears before a bankruptcy judge that there are serious consequences for failing to comply with court orders, say Daniel Lowenthal and Kimberly Black at Patterson Belknap.
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Measuring Early Impact Of Rule 702 Changes On Patent Cases
Since Federal Rule of Evidence 702 was amended to clarify the standards for admitting expert witness testimony five months ago, emerging trends in patent cases suggest that it may be easier to limit or exclude expert testimony, and hold key practice takeaways for attorneys, say Manuel Velez and Nan Zhang at Mayer Brown.
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Del. Ruling Highlights M&A Deal Adviser Conflict Disclosures
The Delaware Supreme Court recently reversed the Court of Chancery's dismissal of challenges to Nordic Capital's acquisition of Inovalon, demonstrating the importance of full disclosure of financial adviser conflicts when a going-private merger seeks business judgment rule review, say attorneys at Debevoise.