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Technology
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September 06, 2024
Earthlink Investors Accept $85M Deal To End Merger Suit
Earthlink investors who say they were duped into approving a $1.1 billion merger with failing telecommunications company Windstream Holdings Inc. told an Arkansas federal judge Friday that they've reached an $85 million deal to end the lawsuit two months before the case was scheduled to go to trial.
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September 06, 2024
Takeaways From Fair Use Rejection Of Free E-Book Library
The Second Circuit's decision shutting down a fair use argument by Internet Archive over its system of scanning physical books and converting them into e-books to lend for free is a resounding victory for book publishers that argued their market was in danger of being supplanted.
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September 06, 2024
Calif. Takes AI Reins With Looming Safety, Transparency Laws
A pair of groundbreaking legislative proposals aimed at ensuring the safe and transparent deployment of artificial intelligence systems are headed to the California governor's desk, raising questions about whether lawmakers are taking the right approach to regulating the emerging technology and how the state's privacy regulator will respond.
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September 06, 2024
Fed. Circ. Revives ParkerVision Patent Suit Against Qualcomm
The Federal Circuit on Friday revived a ParkerVision Inc. lawsuit against Qualcomm Inc. over wireless communications patents, ruling that a Florida judge wrongly relied on earlier decisions to grant summary judgment to Qualcomm and exclude ParkerVision's experts.
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September 06, 2024
TV Stations Fined $3.3M For Mixing Hot Wheels Shows And Ads
The Federal Communications Commission on Friday confirmed fines totaling $3.33 million for Sinclair Broadcast Group Inc. and 18 other broadcasters for violating the Children's Television Act and commission rules by running Hot Wheels toy commercials during a Hot Wheels show on the air.
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September 06, 2024
Gov't Asks Fed. Circ. To Rehear AI Deal Dispute
The federal government is urging the Federal Circuit to revisit a high-profile decision reviving an artificial intelligence company's protest over its exclusion from a National Geospatial-Intelligence Agency procurement, saying the ruling wrongly expanded the Court of Federal Claims' bid protest jurisdiction.
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September 06, 2024
X Corp. Shorted 3 Execs Millions In Severance, Suit Says
Three former executives of Twitter, now known as X, said in a California federal court suit that Elon Musk prevented them from collecting millions in severance benefits following his takeover of the social media company by falsely claiming they were fired for failing to cooperate in investigations.
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September 06, 2024
Music Publishers Argue Their AI Copyright Case Is Different
Music publishing companies suing an artificial intelligence company over using song lyrics say that their copyright lawsuit is different from some other copyright suits against AI developers.
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September 06, 2024
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates more than 100 times in August on issues such as revamping the 4.9 gigahertz spectrum band, using high-power surveillance devices in already crowded Wi-Fi airwaves, fixing mobile "dead zones," stopping scam texts, and more.
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September 06, 2024
SEC Fraud Suit Against Battery Co. Survives Dismissal Bid
A California federal judge has rejected battery developer NDB Inc.'s motion to dismiss a U.S. Securities and Exchange Commission suit alleging the company and its CEO misled investors about the prospects of so-called nano-diamond battery technology, saying the SEC sufficiently pled that the defendants were the "maker" of statements that were materially misleading to investors.
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September 06, 2024
ITC Judge Partially Clears Voltage Of Infringing Solar Patent
North Carolina solar provider Voltage LLC's imports of a "trunk bus" power transmission system infringe a patent owned by Tennessee-based competitor Shoals Technologies Group Inc., but a revised design of the product does not, an administrative law judge of the U.S. International Trade Commission has found.
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September 06, 2024
Property Co. Not Covered By Excess Carriers In Antitrust Row
A property management company is not owed coverage from two excess insurers in an underlying multidistrict litigation surrounding allegations of a price-fixing conspiracy involving software company RealPage Inc., a Massachusetts federal judge ruled, finding the excess insurers had no obligations under the management company's primary policy.
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September 06, 2024
DOJ Must Give Google 'Something Concrete' On Search Fixes
The Justice Department cannot wait until February to propose remedies meant to address Google's default contract exclusionary thumb on the scales of online search, a D.C. federal judge told the agency during a hearing Friday, adding that the government needs to put a definitive proposal on the table much sooner.
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September 06, 2024
Off The Bench: NCAA Flops, NBA Trial, Sunday Ticket Appeal
In this week's Off The Bench, the $2.78 billion deal to settle a vast class action targeting the NCAA's name, image and likeness compensation rules hits a snag, the NBA and Warner Bros. aim for an April trial in their media rights fight, and NFL Sunday Ticket subscribers look to reinstate their $4.7 billion antitrust victory over the league.
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September 06, 2024
Google Hit With Ad Tech Complaint In UK As DOJ Trial Looms
The U.K.'s competition enforcer accused Google on Friday of abusing its dominance over the technology used to place ads on third-party websites, as the tech giant gears up for a trial on similar claims from the U.S. Department of Justice.
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September 06, 2024
No Redo On Eminem Licensing Ruling Over Spotify Plays
A Tennessee federal judge refused to rethink her decision in favor of Spotify on its third-party claims against the collection agent for Eminem's music publisher over a licensing dispute, stating Friday that the agent's arguments have been addressed already.
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September 06, 2024
Software Co. Targets Validity Of Data Tracker Patents
A software company pressed a North Carolina federal court to throw out a rival's patent infringement claims concerning software that allows businesses to track a website user's browsing without third-party cookies, arguing the patents are invalid.
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September 06, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Rockfire Capital sue its former director, Liam Kavanagh, after he was accused of cheating cash-strapped Thurrock Council out of £150 million ($197 million), FedEx launch a claim against an Israeli supply chain business, and a legal dispute between steel magnate Sanjeev Gupta and a former colleague. Here, Law360 looks at these and other new claims in the U.K.
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September 06, 2024
Judge Says He'll OK 2U's $527M Debt-Cutting Plan
A New York bankruptcy judge Friday said he would approve remote learning company 2U Inc.'s prepackaged plan to cut $527 million in debt in Chapter 11, rejecting arguments that it failed to get proper consent for the plan's third-party liability releases.
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September 06, 2024
Glioblastoma Org. Wants End To Rival's Use Of 'GBM'
The Glioblastoma Foundation has hit a competing nonprofit with a suit alleging that the group's use of the initials "GBM" in its name has ripped off its trademark and sown confusion among donors who can't tell the two organizations apart.
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September 06, 2024
China Complains To WTO About Canada EV Surtaxes
China is looking for the World Trade Organization to step in to address proposed Canadian surtaxes on imported Chinese electric vehicles, steel and aluminum, taxes that a spokesperson for China's Ministry of Commerce said Friday violate the organization's rules.
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September 06, 2024
Ex-Saleswoman Can't Add Back Pay To $1 Win In ADA Suit
A Pennsylvania federal judge said an ex-saleswoman can't collect a six-figure back pay award after a jury found she was unlawfully fired from an information technology company over her mental health issues but only gave her $1 in damages, noting that she found another job following her termination.
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September 06, 2024
Platform Science Fights $19.3M Software Patent Verdict
Platform Science Inc. has urged a California federal judge to erase a jury's verdict that it owes $19.3 million to Qualcomm spinoff Omnitracs LLC for infringing its fleet management software patent, arguing that the verdict is improper and that the court should overturn it or order a new trial.
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September 06, 2024
Taxation With Representation: Debevoise, Bennett, Orrick
In this week's Taxation With Representation, Verizon reaches a deal to absorb Frontier in a deal worth $20 billion, First Majestic agrees to buy Gatos Silver for $970 million, and Epam Systems inks a $630 million purchase of Neoris.
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September 05, 2024
Nvidia, Microsoft Face Patent, Cartel Allegations In Texas Suit
A new lawsuit accuses Nvidia of holding "monopoly power" over the market on graphics processing in the artificial intelligence space and alleges the tech company is colluding with Microsoft and a prominent patent risk management company to squeeze out a small startup that claims to have developed the "fundamental intellectual property" behind that technology.
Expert Analysis
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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.
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The Ethics of Using Generative AI In Environmental Law
The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.