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Technology
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October 08, 2024
Uber Tells 9th Circ. JPML Can't Consolidate Assault Cases
Uber Technologies Inc. urged the Ninth Circuit on Tuesday to find that the Judicial Panel on Multidistrict Litigation and a district judge erred in refusing to enforce Uber's "non-consolidation" clause with passengers, arguing the contractual provision binds federal courts and prohibits the JPML from the centralization of sexual-assault litigation before a single judge.
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October 08, 2024
2nd Circ. Won't Revive 1-800 Contacts, Warby Parker Row
A Second Circuit panel affirmed a ruling Tuesday that found eyewear retailer Warby Parker did not infringe 1-800 Contacts Inc.'s trademarks by purchasing ads on search engines using its competitor's keywords.
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October 08, 2024
Congress Urged To Prevent Stalking Via Smart Car
An auto technology trade group asked congressional leaders Tuesday to push through legislation that would allow car connectivity services to cut access to domestic abusers.
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October 08, 2024
Underwriter Says Freight Co. Not Covered For Missing Cargo
An underwriter urged a Washington federal court to relieve it of any coverage obligations it may owe under a commercial auto policy to a freight company that is potentially on the hook for over $580,000 after a cargo broker claimed that a shipment of computer parts wasn't delivered.
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October 08, 2024
Broadband Study No Longer Justifies New Rules, Group Says
The end of Chevron deference to agencies means the Federal Communications Commission can no longer use an annual report on the state of broadband deployment to claim new regulatory powers, a free-market group has argued.
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October 08, 2024
Exporting Chips To China Doesn't Merit 7 Years, 9th Circ. Told
Counsel for a former UCLA electrical engineering professor urged the Ninth Circuit on Tuesday to reduce his seven-year prison sentence for illegally exporting high-powered semiconductor chips to China, saying the conduct did not amount to an evasion of national security controls.
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October 08, 2024
Google Says Rumble Suit Too Late To Join Ad Tech MDL
Google wants to keep Rumble away from the consolidated litigation targeting the company's advertising placement technology dominance, telling the U.S. Judicial Panel on Multidistrict Litigation that the Canadian video-sharing service's May antitrust lawsuit comes too late and is too different to join in.
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October 08, 2024
US Airways Renews $139M Sabre Fee Bid For $1 Antitrust Win
US Airways has renewed its bid for more than $139 million in costs for a long-running case accusing Sabre of monopolizing ticket distribution systems after a jury awarded the airline just $1 in damages following a second trial on antitrust claims.
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October 08, 2024
9th Circ. Affirms Atty Fee Reduction In Cathode Suit
A three-judge Ninth Circuit panel on Monday upheld a lower court's decision to cut more than $2 million from plaintiff's firm Cooper & Kirkham's $3.45 million fee award in a multidistrict litigation settlement over alleged cathode ray tube price-fixing litigation.
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October 08, 2024
In-House Attys Urged To Spearhead Creation Of AI Policies
In-house lawyers should craft a single artificial intelligence governance policy for their organizations, build cross-functional teams to assess AI needs and risks and audit and update their AI policy frequently to keep pace with the technology's rapid evolution, according to experts on an Association of Corporate Counsel conference panel.
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October 08, 2024
Renovus Capital Clinches 4th PE Fund With $875M In Tow
Philadelphia-area-based private equity firm Renovus Capital Partners, advised by Morgan Lewis & Bockius LLP and Winston & Strawn LLP, on Tuesday revealed that it closed its fourth private equity fund with $875 million in tow.
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October 08, 2024
College Admins Beat Ex-Prof's Suit Over Race-Based Study
Cleveland State University faculty defeated a former professor's suit alleging he was unlawfully fired for publishing research asserting intelligence differences between white and Black people, with an Ohio federal judge finding he was let go for abusing access to restricted data, not his research subject.
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October 08, 2024
AGs Slam TikTok With Youth Addiction, Fraud Claims
More than a dozen states have sued TikTok, alleging the popular social media platform targets young users and manipulates them into becoming habitual users while downplaying the harmful effects it can have on mental health and development.
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October 07, 2024
FTC's Amazon Monopolization Suit Largely Survives Dismissal
The bulk of the Federal Trade Commission's landmark monopolization case against Amazon will go forward, a Washington federal judge held in a recently unsealed opinion that trimmed only a few state-law claims from the 20-count antitrust complaint challenging the retail giant's pricing practices.
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October 07, 2024
Apple Beats Masimo's Allegations Of Misleading USPTO
Apple did not deceive the U.S. Patent and Trademark Office when obtaining design patents, a Delaware federal judge ruled Monday, shooting down a key argument from Masimo Corp. as the parties continue to fight over the market for smartwatches.
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October 07, 2024
Mednax Gets Final OK For $6M Data Breach Settlement
A Florida federal judge on Friday gave the green light to Mednax's $6 million settlement putting to rest a proposed class action accusing the medical provider of failing to adequately protect patients' personal information from a 2020 phishing attack, calling the deal "fair, reasonable and adequate."
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October 07, 2024
Car Sharing App Getaround Faces BIPA Suit Over Facial Scans
Car sharing platform Getaround Inc. is facing a proposed class action in Illinois federal court accusing the company of illegally gathering, storing and disseminating its users' facial geometry scans obtained through a mandatory verification process, in violation of the state's Biometric Information Privacy Act.
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October 07, 2024
9th Circ. Asked To Take Another Look At 'Patent Misuse' Case
Atrium Medical Corp. has urged the full Ninth Circuit to reconsider a panel ruling siding with rival medical product maker C.R. Bard in a $52.8 million lawsuit over patent royalty provisions, saying the panel "inappropriately dispensed with the evidence adduced below and the district court's fact-finding."
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October 07, 2024
FCC Needs To 'Harmonize' Cybersecurity, Mobile Group Says
A key wireless industry group has urged the Federal Communications Commission to ensure the network cybersecurity plans required by the agency's recent 5G Fund order are applied evenly across all its deployment funding programs.
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October 07, 2024
Seinfeld-Inspired Investors Sue Bitwise Over $2M Crypto Losses
A group of family-owned investment companies named after a gag from "Seinfeld" sued crypto asset manager Bitwise and its executives for allegedly duping them into staying invested in one of its funds as it sought a conversion to a less-preferable structure, causing them $1.9 million in losses.
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October 07, 2024
Activist Short Seller Blasts 'Preposterous' SEC Fraud Suit
The founder of Citron Research, a newsletter for short sellers, has asked a California federal court to dismiss the U.S. Securities and Exchange Commission's fraud suit against him and his investment advisory firm, arguing the suit "strategically omits" the disclaimers it accused the founder of not making.
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October 07, 2024
Biotech, Medical Device Firms Prep Three IPOs Totaling $376M
Two venture-backed biotechnology startups and a medical device maker launched plans on Monday for three initial public offerings projected to raise about $376 million combined, adding to a busy schedule of IPOs this week.
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October 07, 2024
Chancery Holds Status Quo On Md. Data Center Pending Trial
Delaware's Court of Chancery issued a partial status quo freeze Saturday on control of a $165 million site development project for a proposed $5 billion gigawatt data center complex near Frederick, Maryland, pending trial on claims that the original project managers had defaulted, but challenged their purported replacement.
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October 07, 2024
Trade Desk Vote Plan For Nevada Move Challenged In Del.
Digital advertising technology company The Trade Desk Inc. and its top brass have been hit with a Delaware Chancery Court stockholder suit challenging the company's claimed approval threshold for reincorporation in Nevada, where stockholders face a tougher slog in challenging director and officer actions.
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October 07, 2024
FTX Gets OK For Ch. 11 Plan After Objections Overruled
A Delaware bankruptcy judge said he would confirm the Chapter 11 reorganization plan of FTX Trading Ltd. after overruling several objections Monday, beginning a process of distributing billions of dollars to customers less than two years after the cryptocurrency exchange collapsed.
Expert Analysis
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Opinion
Agencies Should Reward Corporate Cyber Victim Cooperation
The increased regulatory scrutiny on corporate victims of cyberattacks — exemplified by the U.S. Securities and Exchange Commission's case against SolarWinds — should be replaced with a new model that provides adequate incentives for companies to come forward proactively and collaborate with law enforcement, say attorneys at McDermott.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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Series
A Day In The In-House Life: Narmi GC Talks Peak Productivity
On a work-from-home day in August, Narmi general counsel Amy Pardee chronicles a typical day in her life in which she organizes her time to tackle everything from advising on products and contract negotiations to volunteering and catching up on the New York Times crossword.
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Opinion
CFPB's AI Stance Backslides On Innovation Issues
The Consumer Financial Protection Bureau's recent response to a Treasury Department's request for information about artificial intelligence in the financial services sector uses alarmist rhetoric about the technology's risks, ceding an opportunity to help shape this important discussion, says Mike Silver at Husch Blackwell.
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How Cos. Can Leverage IP In Corporate Bankruptcy
In light of an increase in year-to-date Chapter 11 filings, businesses must understand the importance and value of intellectual property in corporate bankruptcy and restructuring, from contributing to enterprise value, to providing leverage in negotiations and facilitating recovery, says Gregory Campanella at Ocean Tomo.
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What We Know From Early Cyberinsurance Rulings
Recent cyber disruption incidents, like the Crowdstrike outage and the CDK Global cyberattack this summer, highlight the necessity of understanding legal interpretations of cyberinsurance coverage — an area in which there has been little litigation thus far, say Peter Halprin and Rebecca Schwarz at Haynes Boone.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Examining Patent Subject Matter Eligibility Of AI Inventions
In light of U.S. Patent and Trademark Office data showing that patent applications for artificial intelligence inventions are likelier to get rejected based on patent-ineligible subject matter, inventors seeking protection should be aware of the difficulties and challenges pertaining to patent eligibility, say Georgios Effraimidis at NERA and Joel Lehrer at Goodwin.
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IP Hot Topic: The Intersection Of Trademark And Antitrust Law
Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Election Outlook: A Precedent Primer On Content Moderation
With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.
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Workday AI Bias Suit Suggests Hiring Lessons For Employers
As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.
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Fed. Circ. Resolves Post-AIA Question On Prefiling Activity
For more than a decade, patent attorneys have worried about what the America Invents Act means for specific prefiling activities, but two recent Federal Circuit decisions suggest the enumerated prefiling activities in Section 102(a)(1) will not affect validity if done within a year of filing the application, says Howard Skaist at Berkeley Law.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.