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Technology
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November 04, 2024
Va. Co., Execs Charged For Transshipping US Tech To Russia
A Virginia-based e-commerce company and two senior executives transshipped over $6 million worth of sensitive American technology to Russia through Turkey, Finland and Kazakhstan in violation of U.S. export law and sanctions imposed to counter Russia's ongoing war on Ukraine, a criminal complaint unsealed Monday in Virginia federal court alleges.
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November 04, 2024
NYT Says Discovery In OpenAI Suit Isn't Going 'Smoothly'
The newspapers suing OpenAI and Microsoft Corp. over allegedly using copyright-protected news stories to train ChatGPT say they now have a "fundamental disagreement" with the tech companies "about who is responsible" for identifying which of their news stories were allegedly used by the artificial intelligence software.
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November 04, 2024
Security Tech Co. Evolv Misled Shareholders, Suit Claims
Security technology company Evolv Technologies Holdings Inc. has been hit with a proposed class action in Massachusetts federal court by a shareholder alleging the company reported inaccurate revenue for over two years because of weaknesses in its internal controls.
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November 04, 2024
Robinhood Users Denied Class Cert. In Order Flow Suit
A proposed class of Robinhood customers must run their expert's damages model before asking a California federal judge to weigh their class certification bid in litigation alleging that the investing platform failed to disclose financial interests affecting order flow on the platform.
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November 04, 2024
Firm Says 3D Printer Biz Owes $7.2M For Patent Trial Win
Less than a year after obtaining a $17.3 million verdict from a Delaware federal jury in a patent case over 3D printing technology, one of the firms behind the win says its erstwhile client hasn't paid it over $7 million in legal fees.
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November 04, 2024
'Oh, Come On': 5th Circ. Doubts Intuit Ads Misled Consumers
The Fifth Circuit on Monday seemed skeptical that the company behind TurboTax duped customers into thinking they could file their tax returns for free, with judges engaging in a lengthy back-and-forth with the Federal Trade Commission over how noticeable disclosures on the ads had to be for the agency to consider them truthful.
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November 04, 2024
Startup Beats $460M Cancer Trade Secrets Case In Delaware
In front of a federal jury in Delaware, a California biotech startup has defeated a nearly $460 million trade secrets case from a rival that claimed the startup's co-founder helped himself to confidential information regarding cancer treatment antibodies while employed as an expert in an unrelated international arbitration proceeding.
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November 04, 2024
Google Looks To Toss Rumble's Search Antitrust Case
Google told a California federal court there's no need for a trial in Rumble's antitrust case accusing it of rigging its search results to favor YouTube over the rival video-sharing site, saying the tech giant applies its search algorithms consistently across all webpages.
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November 04, 2024
Australia Ends $5.3B Lockheed Military Satellite Deal
The Australian military announced Monday that it canceled its $5.3 billion military satellite deal with Lockheed Martin Australia.
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November 04, 2024
Apple Hid Audio Defects In 1st-Gen AirPods Pro, Users Say
Audio defects in the first generation of Apple's AirPods Pro did not stop the company from touting the wireless earbud's superior sound quality and noise-canceling features, consumers from Pennsylvania, Texas, and Ohio alleged in a proposed false advertising class action filed Friday in California federal court.
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November 04, 2024
Microsoft Wants To Weigh In On Google Play Store Challenge
Microsoft has asked the Ninth Circuit to allow it to file an amicus brief backing Epic Games in Google's challenge to an injunction requiring Google to open up its Play Store to competing app stores, arguing that the search giant's policies have prevented Microsoft from offering "mobile gaming experiences customers want."
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November 04, 2024
Amazon Says DC Antitrust Suit Full Of 'Mischaracterizations'
Amazon hit back Friday against the District of Columbia's amended antitrust complaint, arguing that the business practices the city claims are diminishing competition and inflating prices for consumers are actually doing the opposite — rewarding competition — and claiming that retail competition is "vigorous" both online and in person.
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November 04, 2024
VA Accused Of Choosing 'Pass-Through' Co. For $257M Deal
A veteran-owned small business has challenged a $256.8 million U.S. Department of Veterans Affairs telehealth program support contract, saying the VA wrongly chose a small business joint venture that effectively served as a pass-through for a larger company.
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November 04, 2024
High Court Questions If False Claims Act Covers FCC's E-Rate
Multiple justices seemed unconvinced Monday that the federal government plays such a limited role in requiring companies to pay fees for supporting telecom subsidies in schools that it can't seek to recover excess payouts from the fund under the False Claims Act.
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November 04, 2024
Ericsson Settles Cell Site Patent Case On Eve Of Texas Trial
Ericsson reached a settlement over cellular infrastructure patents on Friday, allowing Verizon, AT&T and T-Mobile to avoid a looming trial in Texas federal court over their use of the technology.
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November 04, 2024
Wash. Tribe Inks Relationship Pact With State Commerce Dept.
The Cowlitz Indian Tribe and the Washington State Department of Commerce have signed a memorandum of understanding formally establishing their government-to-government relations, the fourth such MOU in the state that affirms tribal sovereignty.
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November 04, 2024
Judge Cites Tesla Stock, Friendship In SpaceX Firing Recusal
A California federal judge on Monday recused herself from a hostile work environment and retaliation suit brought by a group of former SpaceX employees, saying she owns Tesla stock and is friends with a SpaceX human resource executive's mother-in-law.
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November 04, 2024
Patent Co. Looks To Combine Antitrust Case With Consumers
Patent-holding company VoIP-Pal.com is asking a D.C. federal judge to consolidate, at least for pre-trial purposes, its own Wi-Fi calling antitrust suit against Verizon, AT&T and T-Mobile with a proposed class action it launched making many of the same claims.
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November 04, 2024
Philly DA Can't Stop Elon Musk's $1M Giveaway To Voters
A Pennsylvania judge on Monday denied Philadelphia District Attorney Larry Krasner's bid to halt Elon Musk's $1 million giveaway to registered voters leading up to the 2024 presidential election, issuing a one-page order ending the prosecutor's claims that the tech mogul was operating an illegal lottery.
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November 04, 2024
Boston Dynamics Sues Supplier Over Delayed Robot Parts
Boston Dynamics says a New Hampshire company is holding millions of dollars worth of components for its industrial robots "hostage" as leverage to renegotiate its contract, according to a lawsuit filed in Massachusetts state court.
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November 04, 2024
Pornhub Ignored Arbitration In Data Privacy Case, Judge Told
Pornhub's parent company forfeited the right to litigate data privacy claims outside of court when it ignored American Arbitration Association proceedings for six months, counsel for a putative class of adult entertainment viewers told a California federal judge Monday.
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November 04, 2024
Asia-Pacific Helped Prop Up Q3 M&A Activity, Report Says
Mergers and acquisitions in the Asia-Pacific region hit numbers during the third quarter this year that haven't been seen since 2021's dealmaking heyday, helping to boost global figures amid mixed performances in the U.S. and Europe, S&P Global found in a recent report.
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November 04, 2024
Morgan Lewis Lands Global Tech Atty From Mayer Brown
Morgan Lewis & Bockius LLP announced Monday that it has hired an attorney to strengthen its leading technology, outsourcing and commercial contracts practice who previously worked at Mayer Brown LLP for more than a decade.
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November 04, 2024
Ex-Twitter Marketing Exec Denied $20M Severance, Suit Says
Elon Musk abruptly fired Twitter's chief marketing officer and denied her $20 million in severance benefits because she recommended Musk meet with an employee who disagreed with letting former President Donald Trump back on the platform, according to a suit in California federal court.
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November 04, 2024
Ex-Twitter Execs Can Proceed With Severance Claim
Elon Musk and X Corp. can't escape four former executives' claim that Musk fired them to prevent them from receiving severance benefits after he struck the deal to buy the company formerly known as Twitter, a California federal judge ruled while also lifting a stay on discovery.
Expert Analysis
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Why The SEC Is Targeting Short-And-Distort Schemes
The U.S. Securities and Exchange Commission's recent crackdown on the illegal practice of short-and-distort trades highlights the urgent need for public companies to adopt proactive measures, including pursuing private rights of action, say attorneys at Baker McKenzie.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Bid Protest Spotlight: Misplaced Info, Trade-Offs, Proteges
James Tucker at MoFo examines three recent decisions concerning the consequences of providing solicited information in the wrong section of a bid proposal, the limits of agency discretion in technical merit, best-value trade-off evaluations, and the weight of the experience and capabilities of small businesses in mentor-protégé joint venture qualification.
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Considerations When Using Publicly Available Data To Train AI
To maximize the benefits and mitigate the risks of using publicly available data to train artificial intelligence models, companies should maintain a balance between openness and protection, and consider certain best practices, says Michael Cole at Mercedes-Benz Research & Development North America.
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Opinion
USPTO AI Patent Guidance Leaves Questions Unanswered
The U.S. Patent and Trademark Office’s recent guidance on artificial intelligence patent eligibility is unlikely to answer many of the open questions that AI patent applicants face, as it includes nominally new analysis that applicants can adopt to analyze their inventions, say attorneys at Fenwick & West.
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Illinois BIPA Reform Offers Welcome Relief To Businesses
Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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How Justices' E-Rate Decision May Affect Scope Of FCA
The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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How To Deploy AI In A Dangerous Threat Landscape
Businesses are feeling immense pressure to deploy generative artificial intelligence tools to accelerate profits and demonstrate their technological superiority to investors and consumers, and there are a few steps they can take when using AI tools to mitigate liability risks, say B. Stephanie Siegmann and Julianna Malogolowkin at Hinckley Allen.
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2nd Circ. Case Reinforces Need For Advance Notice Bylaws
The Second Circuit's recent decision in Nano Dimension v. Murchinson illustrates that Section 13(d) of the Exchange Act is a square peg for a round hole, and that advance notice bylaws are far better at protecting against undisclosed coordination among activist shareholders, say attorneys at Morgan Lewis.
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Autonomy Execs' Acquittal Highlights Good Faith Instruction
The recent acquittal of two former Autonomy executives demonstrates that a good faith jury instruction can be the cornerstone of an effective defense strategy in white collar criminal cases, in part because the concept of good faith is a human experience every juror can relate to, says Sara Kropf at Kropf Moseley.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Navigating The Murky Waters Of Patent Infringement Damages
Recent cases show that there is no easy way to isolate an infringed patent’s value, and it would serve all sides well for courts to thoroughly examine expert opinions of this nature and provide consistent guidance for future cases, say Manny Caixeiro and Elizabeth Manno at Venable.