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July 25, 2024
Celeb Video Platform Cameo Fined $100K Over Paid Promos
Celebrity video platform Cameo will pay $100,000 as part of a 30-state settlement over claims it failed to inform customers that its advertising service for businesses involved paid promotions.
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July 25, 2024
Deals Rumor Mill: Wiz-Google, Daily Telegraph, Medline IPO
Cybersecurity startup Wiz has rebuffed a buyout offer from Google, former British finance minister Nadhim Zahawi is preparing a $773 million bid for the Daily Telegraph, and medical supplies giant Medline is preparing an initial public offering for 2025. Here, Law360 breaks down these and other notable deal rumors from the past week.
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July 25, 2024
Calif. Justices Rule Prop 22 Is Constitutional
The California Supreme Court on Thursday upheld the Proposition 22 statewide ballot measure from 2020 that exempts certain app-based drivers from the state's independent contractor classification law, a ruling that could have widespread consequences for the gig economy and driver litigation.
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July 25, 2024
Online Education Group 2U Hits Ch. 11 With Over $944M Debt
2U Inc., a remote learning and accreditation group, and a handful of affiliates filed for Chapter 11 protection in New York on Thursday with plans to cut some $486 million in debt from its balance sheet and exit bankruptcy by September.
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July 24, 2024
FTC Chair Wary AI Tools Can Be Used For Corporate Collusion
Federal Trade Commission Chair Lina Khan weighed in on a host of topics during a discussion Wednesday at the Ninth Circuit Judicial Conference, expressing concerns about the agency's high legal bills for expert witnesses and describing AI price-setting tools as a potential loophole for collusion.
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July 24, 2024
Albright Stays 3D Patent Row Against Apple For PTAB Appeal
U.S. District Judge Alan D. Albright has agreed to pause a patent owner's suit accusing Apple of infringing its three-dimensional interface technology for mobile devices to let both sides appeal to the Federal Circuit the Patent Trial and Appeal Board's rulings invalidating some of the asserted patents.
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July 24, 2024
Canadian Woman Gets 2 Years For Russian Export Scheme
A New York federal judge on Wednesday sentenced a Canadian woman to two years in prison for laundering funds in connection to the export of sensitive technology to Russia in violation of U.S. sanctions, and she accused the defendant of lying about her culpability during her sentencing hearing.
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July 24, 2024
Delta Air Targeted In DOT Probe Following Global Tech Outage
Delta Air Lines is being investigated by the U.S. Department of Transportation over its handling of massive flight cancellations since the global outage Friday that left passengers stranded in airports waiting hours to reach customer service representatives and resulting in thousands of complaints, the agency announced Wednesday.
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July 24, 2024
Google, Ill. Parents Reach Deal In Grade School BIPA Dispute
Google and parents who accused the tech giant of illegally harvesting their grade school daughters' biometric data have reached a settlement in the putative class action and want the suit sent back to state court to finalize the agreement, they have told an Illinois federal judge.
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July 24, 2024
Ex-Arena Group CEO Says He's Owed Fees For Dueling Suits
The former CEO of digital publisher The Arena Group is demanding that the company make its contractual payments to him to cover his costs for dueling lawsuits against one another in separate state courts, according to a Wednesday suit in Delaware Chancery Court.
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July 24, 2024
Fed. Circ. Rejects Challenges To PTAB's Network IP Decisions
The Federal Circuit rejected an internet router-maker's bid to restore testimony that could have flipped two decisions at the Patent Trial and Appeal Board, ruling Wednesday that the court won't revive ideas developed decades ago by a since-bankrupt tech company.
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July 24, 2024
Apple Foe Urges Fed. Circ. To Rethink PTAB Holding
A Michigan professor's startup has asked the full Federal Circuit to revisit a ruling penned by U.S. District Judge Alan Albright, arguing the wrong call was made on what kind of arguments from Apple the Patent Trial and Appeal Board could field.
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July 24, 2024
Meme Stock Investor Opposes Robinhood Settlement For Now
A meme stock investor on Wednesday urged a Florida federal judge to deny a settlement between Robinhood and other traders who say they sustained losses when the exchange restricted trading of certain stocks during a social media fueled run, since he says he hasn't received any details on the deal.
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July 24, 2024
Ex-SAP Exec Settles Whistleblowing Retaliation Suit
A former executive of software giant SAP has settled his retaliation and age discrimination claims, according to a Wednesday order by a Pennsylvania federal court.
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July 24, 2024
IPhone Users Push For Apple Docs On Korea, EU App Stores
Plaintiffs in the ongoing App Store antitrust suit are accusing Apple of stonewalling their effort to obtain documents detailing procompetitive changes the company made to the online marketplace in South Korea and Europe, saying the tech giant won't turn over the information because it'd undermine Apple's core defense.
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July 24, 2024
22% Of FINRA Member Firms Join Remote Inspection Program
The Financial Industry Regulatory Authority said Wednesday that 741 firms have opted to participate in a new pilot program for remote inspections of broker-dealers, representing a 22% share of the regulator's member firms.
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July 24, 2024
Byju's Asks Del. Justices To Undo Lenders' Chancery Win
The bankrupt U.S. arm of India-based educational technology giant Byju's told the Delaware Supreme Court Wednesday that its dispute with a consortium of lenders belongs in New York and argued that the state's Chancery Court was wrong to find the lenders had validly taken over the company after several defaults.
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July 24, 2024
Vanta Hits $2.45B Valuation After $150M Funding Round
Trust management platform Vanta, advised by Gunderson Dettmer Stough Villeneuve Franklin & Hachigian LLP, on Wednesday announced that it reached a $2.45 billion valuation after the successful close of its $150 million Series C funding round.
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July 24, 2024
Senate Dems Demand Scrutiny Of T-Mobile, UScellular Deal
T-Mobile's plan to buy the wireless operations of yet another mobile network operator — this time, United States Cellular Corp. — several years after it was allowed to merge with Sprint to become the third biggest carrier in the country is a bad idea, a handful of Democratic senators have told the U.S. Department of Justice and FCC.
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July 24, 2024
Latham, Stevens & Lee Guide Bitcoin Co.'s $365M SPAC Deal
Bitcoin rewards provider Fold and a special purpose acquisition company announced Wednesday they agreed to merge through a transaction that will take Fold public at an estimated $365 million valuation, with attorneys from Stevens & Lee and Latham counseling the parties.
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July 24, 2024
Digital Info Not Covered By Smuggling Law, Ky. Court Holds
A Kentucky federal judge has ruled that digital information isn't covered by the federal smuggling statute and dismissed a charge against a magnetics manufacturer and two executives accused of emailing magnet schematics to Chinese companies.
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July 24, 2024
CFIUS Reviews Slumped In 2023, Penalties Increased
The Committee on Foreign Investment in the United States experienced a significant drop in the number of cases it reviewed in 2023, but levied a record number of penalties last year, according to an annual report to Congress.
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July 24, 2024
Legal Tech Co.'s $1.3M Data Privacy Deal Gets OK'd
A Kansas federal judge granted preliminary approval to a proposed $1.3 million settlement between a data and professional services company catering to law firms and a class of thousands of its customers and employees, who said their personal information was stolen in a March 2023 data breach that exposed 200 gigabytes of sensitive information.
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July 24, 2024
Ex-Pharma Exec Gets Jail For Insider Trading On Kodak Loan
A Manhattan federal judge sentenced a former pharmaceutical executive from South Carolina to three months in prison Wednesday for taking over $500,000 of illegal trading profit based on his advance knowledge that Kodak would get a massive pandemic-era government loan.
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July 24, 2024
5th Circ. Strikes Down FCC's Universal Service Fund
The full Fifth Circuit struck down the Federal Communications Commission's system for subsidizing telecommunications service for rural and low-income users as unconstitutional Wednesday, reversing a panel decision and triggering a circuit split with three other appeals courts that upheld the fee regime.
Expert Analysis
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9th Circ. Arbitration Ruling Could Have Int'l Implications
In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Deciding What Comes At The End Of WTO's Digital Tariff Ban
Companies that feel empowered by the World Trade Organization’s recent two-year extension of the ban on e-commerce tariffs should pay attention to current negotiations over what comes after the moratorium expires, as these agreements will define standards in international e-commerce for years to come, say Jan Walter, Hannes Sigurgeirsson and Kulsum Gulamhusein at Akin Gump.
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Opinion
Cyber Regulators Should Rely On Existing Sources Cautiously
New incident reporting rules proposed by the Cybersecurity and Infrastructure Security Agency illustrate how the use of definitions, standards and approaches from existing sources can create a complex patchwork of regulations, demonstrating that it is essential for agencies to be clear about expectations and not create unnecessary confusion, says Megan Brown at Wiley.
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Considering CGL Defense For Social Media Addiction Claims
A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.
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Fintiv Denials Are On The Rise At PTAB
Following last year's CommScope v. Dali decision, the Patent Trial and Appeal Board is increasingly using Fintiv factors to discretionarily deny inter partes review petitions — and attorneys ignore it at their peril, say Josepher Li and Michelle Armond at Armond Wilson.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Tips For Balanced Board Oversight After A Cyberincident
The U.S. Securities and Exchange Commission's cybersecurity disclosure rules, as well as recent regulatory enforcement actions bringing board governance under scrutiny, continue to push boards toward active engagement in relation to their cyber-oversight role, despite it being unclear what a board's level of involvement should be, say attorneys at Alston & Bird.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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What Cos. Are Reporting Under New SEC Cybersecurity Rule
Four months after its effective date, 14 companies have made disclosures under the U.S. Securities and Exchange Commission's mandatory cybersecurity incident reporting rule, and some early trends are emerging, including a possible rush to file, say attorneys at Debevoise.
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Proactive Strategies Can Reduce Truck Cos.' Accident Liability
The legal complications of trucking accidents can be grave — so transportation companies and their attorneys should implement proactive strategies that include driver safety programs, pre-accident legal counseling, electronic monitoring and attorney involvement at crash scenes, says Mandy Kolodkin at Segal McCambridge.
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Binance Ruling Spotlights Muddled Post-Morrison Landscape
The Second Circuit's recent decision in Williams v. Binance highlights the judiciary's struggle to apply the U.S. Supreme Court's Morrison v. National Australia Bank ruling to digital assets, and illustrates how Morrison's territorial limits on the federal securities laws have become convoluted, say Andrew Rhys Davies and Jessica Lewis at WilmerHale.
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Data Protection Steps To Consider After Biden Privacy Order
A recent White House executive order casts a spotlight on the criticality of securing sensitive content communications, presenting challenges and necessitating a recalibration of practices, especially for lawyers, says Camilo Artiga-Purcell at Kiteworks.
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Practical Pointers After Fed. Circ. Double-Patenting Decision
With the Federal Circuit recently denying a full court review of In re: Cellect, a decision regarding obviousness-type double-patenting, affected patent family holders should evaluate their rights through both patent prosecution and future litigation lenses to minimize risks, say Austin Lorch and Jeff Wolfson at Haynes Boone.
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Why Corporate DEI Challenges Increasingly Cite Section 1981
As legal challenges to corporate diversity, equity and inclusion initiatives increase in the wake of the U.S. Supreme Court's ruling on race-conscious college admissions last year, Section 1981 of the Civil Rights Act is supplanting Title VII as conservative activist groups' weapon of choice, say Mike Delikat and Tierra Piens at Orrick.