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Technology
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January 14, 2025
OpenAI Products Not Designed To Evade Paywalls, Judge Told
Lawyers for OpenAI and Microsoft spent Tuesday morning trying to convince a New York federal judge to trim down news organizations' copyright infringement cases against them, saying large language models aren't designed to spit out entire articles so that readers can avoid paywalls.
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January 14, 2025
Ex-Cognizant Execs Seek Update On Elusive Gov't Witness
A vital prosecution witness whose unavailability delayed the highly anticipated 2023 trial of two former Cognizant Technology Solutions Corp. executives on foreign bribery charges in New Jersey federal court might again be missing in action as the new trial date of March 3 approaches, according to court filings.
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January 14, 2025
Macquarie, Data Center Biz Enter $5B Financing Partnership
Digital infrastructure and data center company Applied Digital Corp., advised by Lowenstein Sandler LLP, on Tuesday announced it has entered into a $5 billion financing facility with funds managed by Simpson Thacher & Bartlett LLP-led Macquarie Asset Management for its high-performance computing business.
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January 14, 2025
TikTok Says NC Can't Fault Platform For Being 'Too Engaging'
TikTok Inc. has asked for an early exit from the North Carolina attorney general's lawsuit accusing the video platform of harming young users, saying it has no significant ties to the Tar Heel state and the AG's office can't otherwise build a case around its platform being "too engaging."
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January 14, 2025
Jones Day-Led Wabtec Paying $1.8B For Evident Tech Unit
Jones Day-led freight and rail equipment provider Wabtec Corp. said Tuesday it has agreed to acquire Ropes & Gray LLP-advised Evident's inspection technologies division for $1.78 billion.
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January 14, 2025
NC Court Urged To Ease Cellphone Ban For Redistricting Trial
Both sides of an upcoming trial in North Carolina over the state's new election map that allegedly dilutes the power of Black voters asked a Tar Heel State federal judge to grant exceptions to a rule barring everyone but attorneys admitted in the district from using electronics in the courthouse.
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January 13, 2025
Stanford AI Expert Reamed For Erroneous AI-Generated Brief
A Minnesota federal judge on Friday threw out an erroneous expert declaration prepared by a Stanford University expert on artificial intelligence in litigation over the state's law on deepfakes, finding that the fake, AI-generated sources in his declaration "shatters his credibility with this court."
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January 13, 2025
Robo-Surgery Part Reset Is Reliable, Expert Tells Antitrust Jury
A mechanical engineering expert who testified Monday in an antitrust trial in California federal court over claims that Intuitive Surgical Inc. abuses its market power by blocking hospitals from extending the life of a surgical robot part said the extension procedure was "thorough" and "reliable."
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January 13, 2025
Texas AG Sues Allstate In Latest Location Data Privacy Strike
Texas' attorney general is accusing Allstate and a subsidiary of violating the state's new comprehensive data privacy law by unlawfully collecting drivers' location data through tracking software embedded in their mobile apps and then using that information to set car insurance rates.
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January 13, 2025
IPRs Aren't 'Voluntary,' Dish Tells Justices In Fee Fight
Dish Network LLC is kicking up a fight at the U.S. Supreme Court over the question of whether filing petitions at the Patent Trial and Appeal Board is "voluntary" or not, in a bid to get "exceptional" plaintiffs to pay for litigation costs there.
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January 13, 2025
Fed. Circ. Told Google Making Up 'New Rules Of Evidence'
A smart-home energy startup says Google and its supporters are trying to use a Federal Circuit appeal in a $20 million patent case to "craft entirely new rules of evidence out of whole cloth."
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January 13, 2025
Microsoft, Patent Firm Ramey Lose Dueling Sanctions Bids
A Texas federal judge denied dueling sanctions motions Monday in a post-litigation spat between Microsoft and prolific patent firm Ramey LLP, holding that neither party met the standard to win disciplinary fees from the other.
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January 13, 2025
COVID-19 Tracking App's Apple Antitrust Suit Snuffed Out
A D.C. federal judge won't permit a COVID-19 tracking app to tweak its proposed antitrust class action against Apple, finding that the amended complaint "stumbles at step one" and cannot adequately describe smartphone and app markets to justify allegations that the technology giant shut out competing tracker apps.
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January 13, 2025
Vimeo Defeats Recording Owners' DMCA Appeal At 2nd Circ.
The Second Circuit said Monday it won't revive copyright claims from a group of music rights holders over lip-sync videos posted on Vimeo by its users, saying a safe harbor under federal copyright law protects the website.
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January 13, 2025
California's AG Warns Businesses State Is Not AI 'Wild West'
California Attorney General Rob Bonta warned businesses on Monday that the state is not the "wild west" of artificial intelligence and has various laws on the books preventing the technology from being used to discriminate or violate people's rights.
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January 13, 2025
Rail Group Rips FRA In 8th Circ. Waiver Battle
The rail industry has told the Eighth Circuit that the Biden administration is flouting federal law by intentionally delaying decisions on waiver applications from railroads seeking to use new brake and track inspection technologies.
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January 13, 2025
Judge In John Deere Antitrust Case Flags Potential Conflict
The Illinois federal judge overseeing a proposed right-to-repair class action against John Deere told the parties on Monday that he is facing a potential conflict of interest after finding the name of a "good friend" in documents connected to the case.
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January 13, 2025
Google Says Sanctions Bid In Texas Ad Tech Case Too Late
Google has urged a Texas federal court to reject a bid for sanctions in the ad tech monopolization case being brought by state enforcers over the company's prior policy for retaining internal chats, arguing that the bid comes too late.
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January 13, 2025
Hytera Pleads Guilty To Stealing Motorola Trade Secrets
Hytera Communications Corp. Ltd. pled guilty Monday to one count of conspiracy to steal trade secrets from Motorola Solutions relating to its digital mobile radios, avoiding a trial scheduled next month in Chicago federal court.
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January 13, 2025
GPS Backup Would Serve Larger 'Ecosystem,' FCC Told
A public safety tech company is throwing its weight behind a plan to license a chunk of the lower 900 megahertz band to launch a network that would back up the Global Positioning System, calling on the Federal Communications Commission to "advance this critical initiative."
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January 13, 2025
White House Sets Framework For AI Technology Exports
The Biden administration on Monday took its latest step toward securing artificial intelligence technology, issuing a rule aimed at easing the sale of U.S.-made chips and models to allied countries while restricting access to foreign adversaries that it said could use the systems to threaten national security.
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January 13, 2025
NY's $15 Broadband Price Cap To Take Effect Wednesday
Internet service providers in New York won't be allowed to charge low-income households more than $15 for basic broadband service come Wednesday, after the U.S. Supreme Court declined to weigh in on a ruling upholding the Empire State's right to cap internet costs.
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January 13, 2025
Uber Says Colo. Pay Disclosure Law Infringes Free Speech
Uber is suing Colorado state officials in Denver federal court, contending new driver earnings and service fee disclosure requirements violate the First Amendment by forcing commercial speech, adding that they will ultimately mislead the public about how much in fares the company retains.
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January 13, 2025
T-Mobile, UScellular Say Tie-Up Will 'Greatly' Amp Up Service
T-Mobile and UScellular defended their $4.4 billion deal to combine wireless operations, telling the Federal Communications Commission that expanding the T-Mobile footprint will improve consumers' experiences around the country.
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January 13, 2025
FCC Monitoring For Wireless Outages Caused By LA Fires
The Federal Communications Commission said Monday it was closely monitoring the effect of the Los Angeles wildfires on telecommunications networks and was granting tentative authority for providers to fill any gaps in service.
Expert Analysis
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Fed. Circ. In December: A Patent Prosecution History Lesson
Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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Predicting The Lasting Changes CFPB May Face In 2025
President-elect Donald Trump and the incoming Republican-controlled Congress' likely attempts to reshape the Consumer Financial Protection Bureau could significantly alter its rulemaking, supervisory and enforcement abilities for years to come, says Jim Sandy at McGlinchey Stafford.
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2025 Patent And TM Policy At USPTO: What We Know So Far
This upcoming year at the U.S. Patent and Trademark Office promises a continued focus on artificial intelligence-related policies, as well as initiatives to drive efficiency and modernize standard processes, say attorneys at Knobbe Martens.
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5 Antitrust Issues For In-House Counsel In 2025
Attorneys at Squire Patton evaluate the top areas where U.S. antitrust policy is likely to change in the next 12 months, including major challenges to the Federal Trade Commission's authority that could reshape enforcement.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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Risk Management Takeaways From NIST's AI Symposium
Based on the National Institute of Standards and Technology's September artificial intelligence innovation symposium, companies should anticipate that laws and regulations safeguarding AI could take new forms and approaches that break the current mold, say attorneys at Eversheds Sutherland.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.
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4 Trade Secret Pointers From 2024's Key IP Law Developments
Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.