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Technology
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August 30, 2024
Medical Tech Co. Exits MOVEit Hack MDL For $2.8M
Medical billing software firm Arietis Health LLC has agreed to pay $2.8 million to settle out of a multidistrict litigation brought by a class of victims of a 2023 data breach involving Progress Software's MOVEit file transfer tool.
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August 30, 2024
Fall IPO Pickup Could Be A Prelude For 2025 Recovery
More companies are preparing to go public after Labor Day, signaling a modest increase in initial public offerings that capital markets advisers say could presage a stronger recovery in 2025, assuming next year brings more clarity regarding interest-rate policy and the result of the presidential election.
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August 29, 2024
Ga. Health System Shakes Facebook Data Sharing Row
A Georgia federal judge has tossed a putative class action accusing Piedmont Healthcare Inc. of unlawfully sharing confidential health information with Facebook, finding that the plaintiffs failed to allege actual damages and that the "weight of authority" in similar online tracking cases supported the provider's contention that there was no privacy intrusion.
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August 29, 2024
Fed. Circ. Gives Philips Another Chance In Networking IP Row
The Federal Circuit on Thursday ordered the Patent Trial and Appeal Board to take another look at arguments from Dutch electronics giant Philips seeking to keep a networking patent alive, deciding that the board was "too conclusory" the first time.
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August 29, 2024
Ancestry.com Beats Claims It Used Yearbook Photos In Ads
Ancestry.com has snagged a quick win from an Ohio federal judge in a proposed class action claiming the genealogy website uses people's yearbook records without their consent to market its services with three unlawful advertising techniques.
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August 29, 2024
Broadcom Looks To Toss Samsung's Chip Antitrust Case
Broadcom has urged a California federal court to toss a case from Samsung accusing the chipmaker of blocking competitors from the market, saying the companies' supply agreement was not exclusive and did not tie the sale of any product to another product.
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August 29, 2024
2nd Circ. Allows Google Advertisers To Wait To Appeal Loss
The Second Circuit on Wednesday allowed a group of Massachusetts-based gym and spa businesses to drop their challenge of an order tossing their antitrust claims from multidistrict litigation accusing Google of monopolizing digital advertising, but permitted them to refile it once the trial judge decides the MDL's remaining claims.
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August 29, 2024
Amazon Sheds Whole Foods 'Bait-And-Switch' Case For Good
A Washington federal court on Thursday dismissed a proposed class action accusing Amazon.com of misleading Prime members by advertising free Whole Foods grocery deliveries and later canceling the perk, in an order that said the lead plaintiff failed to fix deficiencies in the complaint that a judge previously flagged.
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August 29, 2024
Samsung Nabs Costs After Beating Staton Techiya IP Case
A Texas federal judge on Thursday awarded Samsung $108,674 in court costs stemming from a patent infringement suit filed by the company's former in-house patent attorneys — a case he tossed earlier this year based on unclean hands — and asked for more information on costs still in dispute.
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August 29, 2024
FCC's New Rules For Rural 5G Fund Stir Controversy
The Federal Communications Commission said Thursday it had adopted a framework for the 5G Fund for Rural America to auction up to $9 billion in its first phase to fill gaps in mobile broadband, but not all stakeholders are pleased with the rules.
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August 29, 2024
DLA Piper Steers Tech-Focused SPAC GigCapital's Latest IPO
GigCapital7 Corp., the latest special-purpose acquisition company led by technology-focused entrepreneur Avi Katz, began trading Thursday after completing a downsized initial public offering that raised $200 million, represented by DLA Piper and underwriters' counsel Lucosky Brookman LLP.
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August 29, 2024
Auto Tech Org. Pushes FCC To Speed Up Smart Car 5G Rules
The 5G Automotive Association is asking the Federal Communications Commission to push the gas and schedule a vote on rules that would bring advanced vehicle communications technology to the 5.9 gigahertz band.
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August 29, 2024
FCC Rolls Out Rules For Drones' Use Of 5 GHz Band
The Federal Communications Commission on Thursday announced it had adopted initial rules for the use of drones in the 5 gigahertz band by allowing operators to obtain frequency assignments.
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August 29, 2024
DOJ Calls Former Googler's Ad Tech Testimony 'Essential'
The U.S. Department of Justice urged a Virginia federal judge Wednesday not to let former Google vice presidents and other company managers avoid testifying at next month's advertising technology monopolization trial, arguing their testimony is important and was properly subpoenaed.
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August 29, 2024
Backpage Co-Founder Gets 5 Years In Prostitution Case
The co-founder of defunct classifieds service Backpage.com was sentenced in Phoenix federal court to five years behind bars after he was convicted for his role in a $500 million prostitution scheme, the U.S. Department of Justice said Wednesday.
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August 29, 2024
Aon Unit Accuses Chinese Bank Of $2.8B Reinsurance Fraud
An Aon PLC subsidiary has accused one of China's largest banks in New York state court of helping a now-bankrupt insurtech company engage in a multibillion-dollar scheme to defraud the subsidiary and cedent insurers in reinsurance transactions, seeking to recover at least $140 million in lost premiums from the bank.
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August 29, 2024
Apple, Meta Appeal Guo Judge's 2nd Clawback Extension
Apple and Meta are appealing a Connecticut bankruptcy judge's order giving the Chapter 11 trustee overseeing the estate of Miles Guo an additional six months to file suits to claw back payments made by the exiled Chinese billionaire before his bankruptcy.
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August 29, 2024
Coding Platform Hits Unicorn Status After $150M Fundraise
Artificial intelligence-powered code acceleration platform Codeium, advised by Wilson Sonsini Goodrich & Rosati PC, on Thursday revealed that it reached unicorn status in less than two years from its inception after closing its latest funding round with $150 million in tow.
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August 29, 2024
Wendy's Settles Beef Over Mystery Shopper Data Patent
Wendy's International LLC and subsidiary Quality Is Our Recipe LLC have cut a deal to end data patent infringement claims brought against them in a sprawling intellectual property case that has already seen several settlements from other fast-food chains.
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August 29, 2024
SunPower Eyes Sept. Auction As IP Objection Nixed For Now
A Delaware bankruptcy judge on Thursday overruled an objection to bidding procedures for the assets of residential solar technology company SunPower Corp. from a former subsidiary, finding the dispute over use of the SunPower brand should be heard later.
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August 29, 2024
6th Circ. Tosses Atty's Challenge To Court Recording Ban
A Michigan attorney who was held in contempt for posting a screenshot of a Zoom hearing on Facebook can't use the First Amendment to challenge a prohibition on recording courtroom proceedings, because he lacks standing, the Sixth Circuit has ruled.
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August 29, 2024
Public Interest Groups Back FCC On School Wi-Fi Funds
A trio of advocacy groups have urged the Federal Communications Commission to reject a petition to throw out its school Wi-Fi funding plan brought by the same litigants who also are suing the FCC in the Fifth Circuit over a similar initiative for school buses.
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August 29, 2024
Cisco Wants Mistrial Over Judge Albright's Claim Construction
Cisco Systems Inc. has asked prolific patent jurist U.S. District Judge Alan Albright to declare a mistrial in a suit accusing it of infringing a server patent, arguing Judge Albright has been using a different claim construction at trial than his prior guidance suggested.
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August 29, 2024
Deals Rumor Mill: Ackman IPO, Covestro Takeover, Trinitech
Bill Ackman is reviving plans for an initial public offering of his new closed-end fund, Abu Dhabi National Oil Company is inching closer to launching a takeover of plastics company Covestro, and private equity owners are exploring a $2 billion sale of financial software firm Trintech. Here, Law360 breaks down these and other notable deal rumors from the past week.
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August 29, 2024
4 Firms Guide VivoPower Subsidiary's $904M SPAC Merger
Electric utility vehicle company Tembo E-LV on Thursday announced that it has agreed to merge with special purpose acquisition company Cactus Acquisition Corp. 1 Ltd. in a deal built by four law firms that values the combined business at $904 million.
Expert Analysis
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What's In NYDFS Guidance On Use Of AI In Insurance
Matthew Gaul and Shlomo Potesky at Willkie summarize the New York Department of Financial Services' recently adopted circular letter on the use of artificial intelligence in insurance underwriting and pricing, and highlight the material changes made to it in response to comments on the draft circular letter.
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Irish Businesses Should Act Now To Prepare For EU AI Act
Artificial intelligence is increasingly transforming the Irish job market, and proactive engagement with the forthcoming European Union AI Act, a significant shift in the regulatory landscape for Irish businesses, will be essential for Irish businesses to responsibly harness AI’s advantages and to maintain legal compliance, say lawyers at Pinsent Masons.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Considerations For Federal Right Of Publicity As AI Advances
Amid rapid advances in generative artificial intelligence technology, Congress should consider how a federal right of publicity would interact with the existing patchwork of state name, image and likeness laws, as well as other issues like scope, harm recognized and available relief, says Ross Bagley at Pryor Cashman.
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What Patent Litigators Should Know About CHIPS Act Grants
With the U.S. Department of Commerce now actively awarding grants under the CHIPS and Science Act, recipients should ensure they understand the implications of promises to construct new semiconductor manufacturing facilities, especially in jurisdictions with active patent litigation dockets, say Gabriel Culver and Peter Hillegas at Norton Rose.
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Opinion
Data Breach Reporting Requirements Must Change In AI Age
Outdated data breach reporting laws are inadequate to protect consumers in the age of artificial intelligence, as AI’s ability to determine relationships coupled with its improvements to deepfake technology mean that the very definitions used in breach reporting laws are no longer sufficient, says Collin Walke at Hall Estill.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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What Future May Hold For AI Innovation In UK Under Labour
Labour’s recent King's Speech was notable in its absence of discussion of a comprehensive artificial intelligence bill, and while this may indicate to many that the UK is open for business, the party’s approach to cross-sectoral engagement will be critical for shaping Britain's AI landscape in the near term, says Alexander Amato-Cravero at Herbert Smith.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Alice Step 2 Trends Show Courts' Extrinsic Evidence Reliance
A look at recent trends in how district courts are applying Step 2 of the Alice framework shows that courts have increasingly relied on extrinsic evidence to help determine whether a claimed invention is "well-understood, routine, and conventional," says Jonathan Tuminaro at Sterne Kessler.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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Takeaways From Tossed Deal In Visa, Mastercard Class Action
Given the rejection of a proposed deal in the long-running merchant antitrust class action against Visa and Mastercard in New York federal court, sweetening the proposed settlement pot likely will not be an option, leaving few possible outcomes including splitting the class and allowing opt-outs, say attorneys at Davis Wright.
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What To Know As Children's Privacy Law Rapidly Evolves
If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.
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Bid Protest Spotlight: Standing, Prejudice, Conflicts
In this month's bid protest roundup, Caitlin Crujido at MoFo examines three recent decisions from the U.S. Government Accountability Office concerning whether a would-be protestor was an interested party with standing, whether an agency adequately investigated potential procurement violations and whether a proposed firewall sufficiently addressed an impaired objectivity organizational conflict of interest.
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Dissecting Treasury's Call For Input On AI In Financial Sector
The U.S. Department of the Treasury's request for comments on the potential benefits and challenges AI may pose to the financial services sector, which asks how stakeholders are addressing and mitigating increased fraud risks, reflects the federal government's continued interest in AI's effects across the economy, say attorneys at Hogan Lovells.