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Technology
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June 25, 2024
FCC Says Anti-Redlining Rule 'Dutifully' Carries Out Law
The Federal Communications Commission has urged the Eighth Circuit to toss multiple industry challenges to its rules against discrimination in broadband deployment, saying its use of a wide-reaching standard for prohibited bias fits the law's requirements.
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June 25, 2024
Google Tells Fed. Circ. To Eye ITC's Powers If Chevron Ends
As the U.S. Supreme Court considers abolishing or narrowing precedent requiring deference to the legal interpretations of government agencies, a key part of the U.S. International Trade Commission's patent authority should be reconsidered, Google has told the full Federal Circuit.
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June 25, 2024
FTC Suit Merely 'Publicity Stunt,' Seattle Bill Pay Biz Says
A Seattle-based online bill pay platform has accused the Federal Trade Commission of filing a baseless consumer protection suit against it, telling a Washington federal court the company has already gone above and beyond its legal obligations to satisfy regulators' concerns about misleading ads and hidden fees.
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June 25, 2024
Rocket Co. Shareholders Sue For Info On Take-Private Deal
Two Astra Space Inc. shareholders sued the satellite launch company seeking records concerning a take-private deal that has valued company stock at a discount, voicing suspicions that the merger was approved to squeeze out minority shareholders.
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June 25, 2024
Sinclair Accused Of Violating Video Privacy Law
Sinclair Inc. was hit with a lawsuit in Illinois state court Monday alleging it uses tracking technology to see which videos users watch on its tennis streaming service and target advertisements to them accordingly, in violation of the Video Privacy Protection Act.
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June 25, 2024
Fed. Circ. Won't Ship Patent Suit Against Apple Back To Texas
The Federal Circuit on Tuesday denied a bid from patent-owning technology company Haptic Inc. to send its infringement suit back to Texas after it was transferred to California earlier this year, saying it wasn't going to second-guess the lower court's decision.
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June 25, 2024
Noteholder Deal Spares Telecom WOM From Ch. 11 Dismissal
Chilean telecommunications company WOM told Delaware's bankruptcy court it reached a deal with a group of noteholders and the unsecured creditors committee to resolve their bid to dismiss the debtor's bankruptcy case.
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June 25, 2024
Ex-Trump Atty Seeks Discovery Stay In Dominion Voting Suit
A former One America News reporter and Trump attorney is urging a D.C. federal judge to grant her a discovery pause in civil defamation litigation brought by Dominion Voting Systems, arguing that responding to requests now could put her defense at risk in a criminal case in Arizona.
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June 25, 2024
Breaking IP Barriers: Q&A With Harrity's Elaine Spector
Harrity & Harrity LLP partner Elaine Spector has helped shape multiple firms' leave policies after watching other parents face pressure to work shortly after having a child.
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June 25, 2024
EU Opens Microsoft Case, Unappeased By Teams Unbundling
European Union antitrust authorities opened a formal complaint against Microsoft on Tuesday over the company's bundling of its Teams communications program with its Office 365 suites, calling out as insufficient the disconnection of the services Microsoft initiated last year to appease enforcers.
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June 25, 2024
Advance Auto Parts Hit With 4 Data Breach Suits
Advance Auto Parts Inc. has been hit with four proposed class action complaints over a recent data breach that one suit says exposed more than 1 million people's private information, some of which has purportedly already gone up for sale on the dark web.
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June 25, 2024
Oracle Can Seek PAGA Arbitration, Calif. Panel Says
A California appellate panel said Oracle could compel two workers' 7-year-old individual Private Attorneys General Act wage claims into arbitration, holding that the arbitration agreements couldn't have been enforced until after the U.S. Supreme Court issued the Viking ruling in 2022.
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June 25, 2024
Indian AI Data Center To Go Public In $2.75B SPAC Merger
India's Nidar Infrastructure Ltd., an artificial intelligence-focused data center, has agreed to go public through a merger with special-purpose acquisition company Cartica Acquisition Corp. in a deal that values Nidar at $2.75 billion.
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June 24, 2024
Bill Pay Co. Tricks Consumers With 'Dark Patterns,' Suit Says
Third-party bill payment company Doxo Inc. and two of its co-founders have been hit with a proposed class action alleging the company uses so-called dark patterns to trick consumers into using its website to pay other companies' bills online.
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June 24, 2024
Tesla Class Attys In Del. Blast Musk's Texas Pay-Salvage Plan
Tesla stockholder attorneys who won a Delaware Court of Chancery order voiding Elon Musk's then-$56 billion compensation package in January have asked the court to reject company claims that recent stockholder approval of the same Musk pay plan after Tesla's reincorporation in Texas "has controlling and preclusive effect."
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June 24, 2024
SEC Official Urges Banks To Report Commercial RE Risks
The U.S. Securities and Exchange Commission is closely monitoring the way banks with significant commercial real estate portfolios are communicating with investors about their exposure to the struggling market, the agency's director of its Division of Corporation Finance said in remarks posted online Monday.
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June 24, 2024
Localities Redouble Effort To Block House Broadband Bill
The U.S. Conference of Mayors is leaning on Congress to abandon the American Broadband Deployment Act of 2023, saying the bill is trying to cut red tape for broadband permitting at the expense of local governments' control over their own territories.
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June 24, 2024
ITC Shouldn't Oversee Patent Disputes, Utah Law Prof Argues
The U.S. International Trade Commission should no longer be in control of deciding when infringing imports are banned from the country, a prominent patent law academic at the University of Utah's S.J. Quinney College of Law says.
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June 24, 2024
AI Cos. Hit With Copyright Claims From Music Labels
Two artificial intelligence startups are facing copyright litigation by Sony Music Entertainment and a group of major record labels, claiming they rip off artists' songs without getting consent.
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June 24, 2024
Apple, Amazon Assail Hagens Berman's Class Rep 'Charade'
Apple and Amazon.com blasted Hagens Berman Sobol Shapiro LLP for trying to "have it both ways" in an antitrust suit over a pact between the companies restricting Amazon iPhone and iPad sales to approved vendors, arguing the firm cannot withdraw its original named plaintiff without forcing him to testify.
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June 24, 2024
9th Circ. Won't Reconsider Or Sanction In Kari Lake Vote Suit
The Ninth Circuit has rejected Arizona Republican Kari Lake's attempt to revive her 2022 suit over the state's voting machines, issuing a two-sentence order that also rejects a sanctions bid Maricopa County officials filed in response to the former gubernatorial candidate's attempt to restart her failed suit.
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June 24, 2024
Anaplan Beats Chancery Suit Over $10.4B Thoma Bravo Deal
A Delaware vice chancellor has tossed a consolidated suit alleging that former officers of Anaplan Inc. "squandered" roughly $400 million in shareholder value when agreeing to the company's $10.4 billion sale to private equity firm Thoma Bravo, saying the suit fails because the stockholders approved the transaction through an informed and uncoerced vote.
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June 24, 2024
Illinois, Other States Back FTC Bid To Affirm Intuit Ad Ruling
Illinois, along with 20 other states and the District of Columbia, defended the Federal Trade Commission in tax software giant Intuit's Fifth Circuit constitutional challenge to the agency's findings that the company engaged in deceptive advertising, saying in an amicus brief that the FTC's conclusion was correct.
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June 24, 2024
Sirius XM Made Millions Off Hidden Royalty Fee, Suit Alleges
Sirius XM Radio Inc. has been tricking customers into paying an extra 21% every month by tacking a hidden "royalty fee" onto bills, according to a new proposed class action alleging that the fee is responsible for every bit of the company's profits for the last several years.
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June 24, 2024
9th Circ. Asks Wash. Justices If Uber Had Duty To Slain Driver
The Ninth Circuit urged Washington's highest court Monday to determine whether Uber had a duty to use reasonable care to protect one of its drivers who was murdered in a carjacking, in an order that paused an appeal brought by the driver's family.
Expert Analysis
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HHS' Updated Tracking Tech Guidance Offers Little Clarity
The U.S. Department of Health and Human Services' Office for Civil Rights' updated guidance on the use of online tracking technologies appears more focused on legal issues raised in ongoing litigation with the American Hospital Association and less on practical guidance for covered entities, say attorneys at Sheppard Mullin.
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Ready Or Not, Big Tech Should Expect CFPB Surveillance
In light of the Consumer Financial Protection Bureau's proposed plan to supervise large companies providing the vast majority of digital money transfers, not only will Big Tech have to prepare for regulation previously reserved for traditional banks, but the CFPB will also likely face some difficult decisions and obstacles, says Meredith Osborn at Arnold & Porter.
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3 Cybersecurity Takeaways From White House Tech Report
Tech companies and software developers should take stock of the Biden administration's push for improved cybersecurity in a recent White House report, especially given that the report lays new building blocks related to potential liability for developers, say attorneys at Sidley.
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Contract Disputes Recap: Facts Differ But Same Rules Apply
Zachary Jacobson and Sarah Barney at Seyfarth examine two decisions illustrating that reliance on a technicality may not save an otherwise untimely appeal, and that enforcement of commercial terms and conditions under a federal supply schedule contract may be possible.
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Untangling The Legal Complexities Of Trade Secrets And AI
With broad adoption of generative artificial intelligence, some have suggested trade secret law is the best means for protecting innovations, but while this protection may apply to all forms of information, the breadth of coverage may make identifying the information and later misappropriation difficult, say Joshua Lerner and Nora Passamaneck at WilmerHale.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Examining The Arbitration Clause Landscape Amid Risks
Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.
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How Activision Ruling Favors M&A Formalities Over Practice
The Delaware Chancery Court’s recent nod to a proposed class action, alleging shareholder notice violations in Activision Blizzard’s sale to Microsoft, puts practitioners on notice that customary merger and acquisition market practices do not offer protection from potential liability, say John Stigi and Eugene Choi at Sheppard Mullin.
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Past CCPA Enforcement Sets Path For Compliance Efforts
The California Privacy Protection Agency and the California Attorney General's Office haven't skipped a beat in investigating potential noncompliance with the California Consumer Privacy Act, and six broad issues will continue to dominate the enforcement landscape and inform compliance strategy, say attorneys at Reed Smith.
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How Policymakers Can Preserve The Promise Of Global Trade
Global trade faces increasing challenges but could experience a resurgence if long-held approaches adjust and the U.S. accounts for factors that undermine free trade's continuing viability, such as regional trading blocs and the increasing speed of technological advancement, says David Jividen at White & Case.
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10 Areas To Watch In Aerospace And Defense Contracting Law
The near future holds a number of key areas to watch in aerospace and defense contracting law, ranging from dramatic developments in the space industry to recent National Defense Authorization Act updates, which are focused on U.S. leadership in emerging technologies, say Joseph Berger and Chip Purcell at Thompson Hine.
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Opinion
Proposed MDL Management Rule Needs Refining
Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.
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Meta Data Scraping Case Has Lessons For Platforms, AI Cos.
The California federal court ruling that artificial intelligence company Bright Data's scraping of public data from Meta social media sites does not constitute a breach of contract signals that platforms should review their terms of service and AI companies could face broad implications for their training of algorithms, say attorneys at Arnold & Porter.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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How Harsher Penalties For AI Crimes May Work In Practice
With recent pronouncements from the U.S. Department of Justice that prosecutors may seek sentencing enhancements for crimes committed using artificial intelligence, defense counsel should understand how the sentencing guidelines and statutory factors will come into play, says Jennie VonCannon at Crowell & Moring.