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Technology
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August 09, 2024
Conn. AG Knocks Altice's Bid To Rewrite Consumer Fee Case
The state of Connecticut says it should not be forced to redraft a lawsuit accusing Altice USA of improperly charging consumers a $6 "network enhancement fee" and pushing misleading internet speed advertisements, saying the telecommunications provider has gone so far as to seek "clarification" of "commonly understood words of phrases."
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August 09, 2024
Intel Hit With Copyright Suit Over Expired Anaconda License
Software company Anaconda Inc., which describes itself as "the operating system for AI," has accused Intel Corp. of copyright infringement, alleging in a complaint in Delaware federal court that Intel has been using Anaconda's technology for its artificial intelligence development platform without paying.
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August 09, 2024
Vidal Can't Be Used Against Ex-Client At PTAB, Fed. Circ. Says
The Federal Circuit said Friday that the initial involvement of U.S. Patent and Trademark Office Director Kathi Vidal in a handful of patent challenges during her private practice days at Winston & Strawn LLP isn't enough to prevent the patent board from ever deciding on those petitions.
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August 09, 2024
Rugby League's US Subscribers Say Private Info Was Stolen
The international streaming service for Australian professional rugby disclosed personal information to Meta and other parties without the subscribers' knowledge or consent, according to a proposed class action from subscribers filed on Friday in California federal court.
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August 09, 2024
Akoustis Blames Qorvo's Experts For $38M Trade Secrets Win
Akoustis Technologies Inc. has asked a Delaware federal court to overturn a May jury verdict against it for stealing trade secrets and the $38.3 million in damages awarded to wireless company Qorvo Inc., arguing that two Qorvo experts "eschewed the well-established and accepted methods" to measure unjust enrichment for misappropriation.
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August 09, 2024
Rural Broadband Cos. Worry FCC Deadlines Are Too Tight
The Federal Communications Commission should seriously consider pushing back deadlines for certain federally funded rural broadband projects so that they mesh with those of the Broadband Equity, Access and Deployment program, a group of broadband service providers have told the agency.
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August 09, 2024
Dem Lawmakers Ask OpenAI To Disclose Safety Processes
Two members of Massachusetts' congressional delegation are calling on OpenAI to provide information about its safety processes and how it handles whistleblowers and conflicts of interest, in a letter to the company.
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August 09, 2024
Meta Urges Justices To Ax Investors' Risk Disclosure Suit
Meta Platforms Inc. filed its opening brief Friday urging the U.S. Supreme Court to reverse a Ninth Circuit decision that kept alive a class action stemming from the Cambridge Analytica data abuse scandal, arguing that decision would create unnecessary disclosure obligations and encourage "fraud by hindsight" lawsuits.
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August 09, 2024
4 Firms Guiding Italian IT Firm Almaviva's $335M Iteris Buy
Italian digital innovation group Almaviva S.p.A. has agreed to purchase Austin, Texas-based infrastructure management provider Iteris Inc. for approximately $335 million equity value, Iteris said in a statement Friday.
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August 09, 2024
Vidal's Sanctions Make It Clear: Don't Mess With The PTAB
The Patent Trial and Appeal Board has only faced a handful of instances where sanctions took center stage, but the U.S. Patent and Trademark Office director's rulings have made attorneys increasingly aware that pushing ethical boundaries at the board could put their cases and their careers at risk.
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August 09, 2024
Aetna Illegally Axed Exec's Disability Benefits, Judge Says
A California federal judge said Aetna was wrong to end an executive's disability benefits after it found he suffered from a mental illness instead of a physical disability, stating the insurer used flawed doctor opinions and may have been motivated by cutting costs.
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August 09, 2024
Congress Pushed To Revamp FCC Programs After Court Loss
Free market advocates want lawmakers to overhaul the Federal Communications Commission's array of telecom subsidies to turn them into a much smaller, "voucher-like" program after the Fifth Circuit found the existing system unconstitutional.
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August 09, 2024
Marketer Seeking Dismissal Of Mass. Data Privacy Suit
Texas-based online marketing company InMarket Media LLC is asking a Massachusetts federal judge to toss a proposed class action by two women who say the company secretly collected and sold location data through its apps, arguing in a motion to dismiss that the court lacks jurisdiction over the company.
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August 09, 2024
Ads Group Nixes Anti-Hate Initiative Days After Musk Suit
The World Federation of Advertisers is pulling the plug on an initiative aimed at avoiding advertising next to hate speech and other "illegal or harmful content," days after drawing a lawsuit from Elon Musk's X Corp. calling the program an anticompetitive group boycott.
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August 09, 2024
Citibank's $29.5M Deal To End Robocall Row Gets First Nod
An Arizona federal judge has signed off on a deal that requires Citibank NA to pay $29.5 million to settle long-running litigation pressed by a class of noncustomers who accused the bank of bombarding them with unauthorized robocalls in violation of the Telephone Consumer Protection Act.
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August 09, 2024
Apple Affiliate Denied Redo Trial After Multistate Wage Verdict
An Apple-affiliated repair company can't undo a jury verdict finding it liable for wage and hour violations in a multistate wage class action, a North Carolina federal judge has ruled, finding there was sufficient evidence to support the verdict.
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August 09, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen China Evergrande Group file a commercial fraud claim against its founder's ex-wife, legal action by Manolete Partners against the directors of an insolvent construction company, VietJet tackle a claim by French banking group Natixis and more developments in the "Dieselgate" scandal. Here, Law360 looks at these and other new claims in the U.K.
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August 08, 2024
Feds Say Tenn. Man Helped North Korea Via IT Worker Ploy
Federal prosecutors say a Tennessee man schemed to get North Koreans hired for remote information technology positions at American and British companies, part of an effort to help generate revenue for North Korea's weapons program, according to an indictment unsealed Thursday.
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August 08, 2024
FCC Told To Drop Weiss For Broadband Funding Bank Ratings
More voices are lending themselves to the chorus calling on the Federal Communications Commission to look beyond Weiss Ratings' bank grading system when setting the standard for letters of credit that companies can use to back federally funded broadband networks.
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August 08, 2024
ITC Rips Google's Bid To Wield Chevron's End In Sonos Row
The U.S. International Trade Commission on Thursday joined Sonos in urging the Federal Circuit to reject Google's argument that the end of so-called Chevron deference means the appellate court should review precedent on the ITC's patent powers, calling the dispute a "poor vehicle" for such a review.
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August 08, 2024
Oracle's $115M Deal For Selling Internet Users' Data Gets OK
A California federal judge on Thursday preliminarily approved Oracle's $115 million deal to end a proposed class action alleging that the software company illegally sold internet users' electronic profiles, but expressed concern over an "overly burdensome" opt-out process that Oracle's lawyer said would prevent "mass" opt-outs.
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August 08, 2024
Uber's $200M Deal To End Investors' 'Train Wreck' IPO Suit OK'd
A California federal judge granted preliminary approval Thursday to Uber's $200 million class action deal with investors who claim the ride-hailing giant made false and misleading statements ahead of its $8.1 billion initial public offering regarding its passenger safety record, financial condition and the legality of its business model.
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August 08, 2024
House Rep. Wants Calif. To Pump Brakes On AI Safety Bill
Democratic Rep. Zoe Lofgren, who represents Silicon Valley in Congress, has taken the rare step of voicing her opposition to a proposed California bill to set safety standards for large artificial intelligence models, arguing that the measure lacks a "sound evidentiary basis" and would stifle innovation without addressing real-world harms.
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August 08, 2024
Credit Repair Software Co., CEO To Pay $3M CFPB Fines
The Consumer Financial Protection Bureau on Thursday said a California-based software company and its CEO have agreed to pay a combined $3 million in fines to resolve a lawsuit alleging that the company assisted credit repair businesses that charged illegal advance fees to consumers.
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August 08, 2024
9th Circ. Revives Negligence Claims In Uber Sex Assault Suit
The Ninth Circuit on Thursday revived a woman's negligence claim against Uber Technologies Inc. over her sexual assault by a suspended driver, saying the company had a duty of care because it contributed to the situation that led to her being assaulted.
Expert Analysis
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M&A In The AI Era: Key Deal Terms To Watch
As the artificial intelligence market matures, so will due diligence needs, as M&A deals aimed at consolidation and new synergies raise unique legal and regulatory challenges, including potential antitrust and national security reviews, say attorneys at Skadden.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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FBI Raid Signals Growing Criminal Enforcement Of Algorithms
The U.S. Department of Justice Antitrust Division's increased willingness to pursue the use of algorithmic pricing as a potential criminal violation means that companies need to understand the software solutions they employ and stay abreast of antitrust best practices when contracting with providers, say attorneys at Rule Garza.
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Trending At The PTAB: Multiple Petitions In IPRs
Recent Patent Trial and Appeal Board decisions and a proposed rulemaking indicate the board’s intention to continue to take a tougher stance on multiple inter partes review petitions challenging the same patent, presenting key factors for petitioners to consider, like the necessity of parallel filings and serial petitions, say Yinan Liu and Cory Bell at Finnegan.
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Unpacking Pressures, Trends Affecting Global Supply Chains
A recent HSBC report reveals a number of trends and challenges for global supply chains in the current uncertain geopolitical landscape, and with constant emerging opportunities, companies that can stay informed, be proactive and adapt to change will be well positioned to succeed, says Michelle Craven-Faulkner at Shoosmiths.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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What UK Digital Markets Act Will Mean For Competition Law
The new Digital Markets Act’s reforms will strengthen the Competition and Markets Authority's investigatory and enforcement powers across its full remit of merger control and antitrust investigations, representing a seismic shift in the U.K. competition and consumer law landscape, say lawyers at Travers Smith.
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Series
After Chevron: FCC And Industry Must Prepare For Change
The Chevron doctrine was especially significant in the communications sector because of the indeterminacy of federal communications statutes, so the U.S. Supreme Court's overturning of the doctrine could have big implications for those regulated by the Federal Communications Commission, bringing both opportunities and risks for companies, say Thomas Johnson and Michael Showalter at Wiley.
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Dapper Settlement Offers Rules Of The Road For NFT Issuers
The terms of a $4 million settlement in a class action alleging that Dapper Labs sold its NBA Top Shot Moments as unregistered securities may be a model for third parties that wish to avoid securities liability in connection with offering digital asset non-fungible token collectibles, say attorneys at K&L Gates.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why High Court Social Media Ruling Will Be Hotly Debated
In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Series
After Chevron: Expect Limited Changes In USPTO Rulemaking
The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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USPTO Disclaimer Rule Would Complicate Patent Prosecution
The U.S. Patent and Trademark Office's proposed changes to terminal disclaimer practice could lead to a patent owner being unable to enforce a valid patent simply because it is indirectly tied to a patent in which a single claim is found anticipated or obvious in view of the prior art, say attorneys at Sterne Kessler.