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June 25, 2024
Judge Moves Music Publishers' IP Suit Against AI Co. To Calif.
A Tennessee federal judge has said the Volunteer State wasn't the right place to hear a copyright lawsuit from a group of music publishers against an artificial intelligence company, deciding to ship the case to California.
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June 25, 2024
Amazon Says It Shares 'Cookies,' But Not Prime Viewers' ID
Amazon.com Inc. on Tuesday urged a federal judge to toss a proposed class action filed by Prime movie subscribers, calling the privacy complaint a "smokescreen" attempting to get around the terms of a use agreement that allows advertisers to access cookies that don't identify specific customers.
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June 25, 2024
Chancery Tentatively OKs $15.5M Lordstown SPAC Suit Deal
A $15.5 million class settlement for a stockholder suit that challenged the special-purpose acquisition company deal that took Lordstown Motors Inc. public won tentative Delaware Court of Chancery approval Tuesday, conditioned on confirmation of one expense claim.
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June 25, 2024
No Need To Ship Net Neutrality Appeals To DC, 6th Circ. Told
The Sixth Circuit should stand up to the "concerted effort" to push administrative law matters out of other appellate courts and into the D.C. Circuit by refusing to transfer a bundled set of challenges to the FCC's new net neutrality rules, the U.S. Chamber of Commerce has said.
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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.Â
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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.
Expert Analysis
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Unpacking The Latest Tranche Of Sanctions Targeting Russia
Hundreds of new U.S. sanctions and export-control measures targeting trade with Russia, issued last week in connection with the G7 summit, illustrate the fluidity of trade-focused restrictions and the need to constantly refresh compliance analyses, say attorneys at Ropes & Gray.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Assessing The Energy Act 2023, Eight Months On
Although much of the detail required to fully implement the Energy Act 2023 remains to be finalized, the scale of change in the energy sector is unprecedented, and with the U.K. prioritizing achieving net-zero, it is likely that developments will continue at pace, say lawyers at Paul Hastings.
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Determining Who Owns Content Created By Generative AI
Adobe's recent terms-of-service update and ensuing clarification regarding its AI-training practices highlights the unanswered legal questions regarding ownership of content created using artificial intelligence, says John Poulos at Norton Rose.
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Skip Versus File: The Patent Dilemma That Costs Millions
In the nearly 30 years since the inception of the provisional application, many have weighed the question of whether or not to file the provisional, and data shows that doing so may allow inventors more time to refine their ideas and potentially gain an extra year of protection, says Stanko Vuleta at Highlands Advisory.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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What 4 Cyber Protection Actions Mean For Marine Transport
Several recent steps by the Biden administration are necessary to address the cyber threats that increasingly disrupt the maritime sector, but also impose new legal risks, liabilities and operating costs on the owners and operators of U.S.-flagged vessels and facilities, say attorneys at Holland & Knight.
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Cyber Takeaways For Cos. From Verizon Data Breach Report
Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Tracking China's Push To Invalidate Foreign Patents
China’s increasing use of courts and administrative panels to nullify patents in strategically important industries, such as technology, pharmaceuticals and rare-earth minerals, raises serious concerns about the intellectual property rights of foreign businesses operating there, say Rajat Rana and Manuel Valderrama at Selendy Gay.
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3 Ways To Fight Alice Rejections Of Blockchain Patents
Excerpt from Practical Guidance
With blockchain-related patent application filings on the rise, Thomas Isaacson at Polsinelli offers strategies for responding to U.S. Patent and Trademark Office determinations that the blockchain network is just a generic computer and patent-ineligible under the U.S. Supreme Court's 2014 Alice v. CLS Bank decision.
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Takeaways From Nat'l Security Division's Historic Declination
The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.
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F1 Driver AI Case Sheds Light On Winning Tactics In IP Suits
A German court recently awarded damages to former F1 driver Michael Schumacher's family in an artificial intelligence dispute over the unlicensed use of his image, illustrating how athletes are using the law to protect their brands, and setting a precedent in other AI-generated image rights cases, William Bowyer at Lawrence Stephens.
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Lessons From Epic's Dutch Fine For Unfair Marketing To Kids
Dutch regulators' imposition of a €1.1 million fine on Epic Games for unfair commercial practices targeting children marks a significant moment in the ongoing scrutiny of digital market practices, and follows an increased focus on children's online safety in the U.S. and European Union, say attorneys at Crowell & Moring.
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Opinion
California Has A Duty To Curtail Frivolous CIPA Suits
As plaintiffs increasingly file class actions against companies for their use of website tracking cookies and pixels, the Legislature should consider four options to amend the California Invasion of Privacy Act and restore the balance between consumer privacy and business operational interests, say Steven Stransky and Jennifer Adler at Thompson Hine and Glenn Lammi at the Washington Legal Foundation.