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August 16, 2024
The Biggest Texas Rulings Of 2024: A Midyear Report
Texas has seen a bevy of major decisions, including a $1.4 billion settlement with Facebook over alleged biometric data collection, a ruling banning gender-affirming care for minors, and the conclusion of a long-running securities case against Attorney General Ken Paxton. Here's some of the biggest decisions so far this year.
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August 16, 2024
TikTok Nonusers Fight Uphill For 100M-Member Privacy Class
A California federal judge on Friday tentatively declined to certify a class of over 100 million nonusers of TikTok over allegations it illegally scraped their personal data from third-party websites, noting the "extraordinary" class size and questioning whether the plaintiffs have shown their injuries are typical of the proposed class.
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August 16, 2024
Discrimination Claim Row Becomes Party-Line FTC Slugfest
Federal Trade Commission Republicans used partial dissents Friday from the settlement of an agency junk fees enforcement action they otherwise supported to air a string of grievances with the FTC's Democratic majority and its "ongoing effort to unilaterally expand its own authority."
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August 16, 2024
CDK's $100M Deal Puts Auto Dealer Settlements Up To $130M
Car dealerships sought preliminary approval Friday for a $100 million class action settlement resolving claims that auto dealer data management software giant CDK Global anticompetitively locked out rival data companies, adding to the $29.5 million agreement reached previously in the sprawling litigation with CDK peer Reynolds and Reynolds.
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August 16, 2024
HP Moves Washington Pay Transparency Suit To US Court
HP has joined the list of major companies to be hit with proposed class claims for allegedly failing to include pay ranges in job postings, in violation of Washington state wage disclosure laws, according to a lawsuit moved to Seattle federal court on Thursday.
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August 16, 2024
Ex-Twitter Workers Seek Conditional Cert. In Age Bias Suit
Counsel for a former Twitter employee urged a California federal judge at a hearing Friday to conditionally certify a proposed age discrimination collective action on behalf of workers 50 and older who were fired after Elon Musk acquired the company, pointing to Musk's remarks as evidence of bias.
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August 16, 2024
Nikola, Romeo Power Targeted In Del. Derivative Complaint
A former Romeo Power Inc. stockholder has launched a double derivative suit seeking derivative damages from nine former Romeo directors and officers in part through derivative claims via Nikola Corp., which acquired Romeo in August 2022 for a fraction of the company's once $1 billion-plus valuation.
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August 16, 2024
Chinese Router Maker Must Be Looked Into, Reps. Say
A House committee that weighs potential dangers posed by the Chinese Communist Party is raising the alarm about the routers sold by a Chinese-owned company, saying the panel believes the devices could pose a risk to national security.
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August 16, 2024
Cisco Gets Another Shot At Sinking Network Security Patent
The Federal Circuit on Friday told the Patent Trial and Appeal Board to take another look at a ruling upholding language in a network security technology patent at the heart of Cisco Systems Inc.'s fight with a litigation outfit.
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August 16, 2024
Ex-Worker Says Toshiba Unit's Laxity Led To 3-Month Breach
A onetime employee of Toshiba America Business Solutions Inc., a U.S.-based subsidiary of Japanese electronics company Toshiba, has filed a proposed class action against his former employer claiming his personal information was stolen in a data breach made possible by the company's negligence.
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August 16, 2024
9th Circ. Keeps Part Of Block On Calif. Kids' Privacy Law
The Ninth Circuit on Friday refused to completely scrap an injunction halting a groundbreaking new California law requiring social media platforms to bolster privacy protections for children, finding that a tech trade group was "likely to succeed" on its argument that the mandate for companies to identify and address potential risks to minors violates the First Amendment.
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August 16, 2024
FCC Plans To Overhaul Citizens Broadband Radio Service
The Federal Communications Commission plans to give the Citizens Broadband Radio Service a makeover that it says will ensure better interference protections for both current and future users of the spectrum.
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August 16, 2024
Ex-Matterport Worker Sues In Del. Over 'Invalid' Trade Block
A shareholder of 3D spatial mapping company Matterport Inc. sued the California company in Delaware's Court of Chancery Friday, alleging that when it went public by merging with a special acquisition company in 2021, the company prevented him from trading his shares for six months through an "invalid transfer restriction."
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August 16, 2024
Apple Needs To Wait Its Turn In ITC, Masimo Tells Fed. Circ.
Apple wants to speed up its appeal over a U.S. International Trade Commission patent ruling that forced the company to disable an Apple Watch feature that measures the oxygen in blood, but both its courthouse rival and the agency itself say there's no compelling reason to cut in line.
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August 16, 2024
Mich. Judge Won't Raise $350K Award Against Ford To $15M
A Michigan federal judge refused to increase a California tech company's $350,000 jury award to $15 million in a dispute over Ford Motor Co.'s misuse of an interface module, finding that the parties' agreement to Ford's sales numbers at trial barred him from changing the jury's decision.
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August 16, 2024
Anthropic Says IP Suit Doesn't Show AI Users Infringed Lyrics
Artificial intelligence company Anthropic has asked a California federal court to toss the bulk of a copyright suit from several music publishers that allege their song lyrics were ripped off to train Anthropic's chatbot Claude, arguing among other things that the plaintiffs have not shown any infringing acts by Claude users.
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August 16, 2024
Public Interest Orgs. Press For FCC's AI Ad Disclosure Rule
As the fall elections loom, more than 40 public interest groups are advocating for the Federal Communications Commission to require radio and TV broadcasters to disclose the use of artificial intelligence in political ads.
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August 16, 2024
$117M Interest Ruled 'Not A Windfall' On $262M Patent Verdict
A California federal judge approved $117 million in prejudgment interest for an Austrian inventor's company on top of the $262 million royalty verdict in its favor against hard drive maker Western Digital Technologies Inc., ruling that the interest "does not amount to a windfall or a punitive award."
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August 16, 2024
Avantor Sells Clinical Services Biz To PE Shop In $650M Deal
Life sciences tools company Avantor Inc., advised by Arnold & Porter Kaye Scholer LLP, on Friday announced plans to sell its clinical services business to Ropes & Gray LLP-advised Audax Private Equity for $650 million.
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August 16, 2024
Attys Eye $10.5M In Fees From Pegasystems Securities Deal
Attorneys for lead plaintiffs in a shareholder class action against Pegasystems are seeking $10.5 million in attorney fees from the $35 million settlement that ended claims that the software company failed to properly disclose a rival's trade secret litigation that led to a since-vacated $2 billion verdict.
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August 16, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Barry Manilow sued by music rights company Hipgnosis, a struck-off immigration lawyer take on the Solicitor's Disciplinary Tribunal and the former CEO of a collapsed bridging loan firm start proceedings against the FCA. Here, Law360 looks at these and other new claims in the U.K.
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August 16, 2024
Fed. Circ. Urged Not To Rehear $20M Google Royalty Ruling
EcoFactor Inc. urged the Federal Circuit to reject Google LLC's bid for a full court rehearing of its split panel decision to uphold a $20 million patent infringement damages award in EcoFactor's favor, arguing that Google is looking to create a "rigid rule" that will only enable more patent infringement.
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August 16, 2024
Connecticut Litigation Highlights Of 2024: A Midyear Report
Several high-stakes Connecticut cases came to a close in the first half of 2024, resulting in the resolution of Frontier Communications' $21.8 million feud with its ex-CEO and a $26.5 million deal for RTX Corp. subcontractors and employees who alleged that anticompetitive no-poach agreements prevented them from advancing their careers.
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August 19, 2024
New Jersey Legislation To Watch: A Midyear Report
New Jersey proposals for a corporate transit tax and mandatory business showdowns during sweltering weather have generated concerns from industry sectors fatigued by rising costs, while the rise of artifical intelligence and corresponding legislation appears to have united those fearing the digital-age hazard of "deepfakes."
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August 15, 2024
San Francisco Unveils Landmark Suit Over 'Deepfake' Porn
The San Francisco city attorney on Thursday launched a suit against the operators of 16 websites that he claims create and distribute nonconsensual, artificial intelligence-generated pornography, also known as "deepfake pornography" or "deepnudes."
Expert Analysis
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Car Apps, Abuse Survivor Safety And The FCC: Key Questions
A recent request for comment from the Federal Communications Commission, concerning how to protect the privacy of domestic violence survivors who use connected car services, raises key questions, including whether the FCC has the legal authority to limit access to a vehicle's connected features to survivors only, say attorneys at Davis Wright.
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Opinion
'Natural Person' Or Not, AI-Made IP Deserves Protection
The entire legal edifice rests on a determination that an artificial system is not a so-called natural person, and although this may appear to be straightforward on its face, rapid advances in technology may soon force us to revisit our understanding of a natural person, says Manav Das at McDonnell Boehnen.
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Lessons On Challenging Class Plaintiffs' Expert Testimony
In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Businesses Should Take Their AI Contracts Off Auto-Renew
When subscribing to artificial intelligence tools — or to any technology in a highly competitive and legally thorny market — companies should push back on automatic renewal contract clauses for reasons including litigation and regulatory risk, and competition, says Chris Wlach at Huge Inc.
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Del. Dispatch: Chancery's Evolving Approach To Caremark
Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.
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A GC's Guide To Multijurisdictional Regulatory Compliance
Overlapping cybersecurity regulation has created an increasingly fragmented regulatory landscape with elevated oversight for organizations across the globe, but general counsel can help develop a best-in-class approach to manage these complexities by building a compliance strategy holistically, say David Dunn and Meredith Griffanti at FTI Consulting.
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Global Bribery Probes Are Complicating FCPA Compliance
The recent rise in collaboration between the U.S. Department of Justice and foreign authorities in bribery enforcement can not only affect companies' legal exposure as resolution approaches vary by country, but also the decision of when and whether to disclose Foreign Corrupt Practices Act violations to the DOJ, say Samantha Badlam and Catherine Conroy at Ropes & Gray.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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When The Platform Is A Product, Strict Liability Can Attach
A New York state court's recent ruling in Patterson v. Meta, holding that social media platforms can be considered products, appears to be the first of its kind — but if it is upheld and adopted by other courts, the liability implications for internet companies could be incredibly far-reaching, say attorneys at Patterson Belknap.
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Key Takeaways From FDA Final Rule On Lab-Developed Tests
Michele Buenafe and Dennis Gucciardo at Morgan Lewis discuss potential consequences of the U.S. Food and Drug Administration's recently finalized rule regulating lab-developed tests as medical devices, and explain the rule's phaseout policy for enforcement discretion.
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Bankruptcy Courts Have Contempt Power, Del. Case Reminds
A Delaware bankruptcy court recently held Camshaft Capital and its principal in contempt, serving as a reminder to bankruptcy practitioners and anyone else that appears before a bankruptcy judge that there are serious consequences for failing to comply with court orders, say Daniel Lowenthal and Kimberly Black at Patterson Belknap.
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Measuring Early Impact Of Rule 702 Changes On Patent Cases
Since Federal Rule of Evidence 702 was amended to clarify the standards for admitting expert witness testimony five months ago, emerging trends in patent cases suggest that it may be easier to limit or exclude expert testimony, and hold key practice takeaways for attorneys, say Manuel Velez and Nan Zhang at Mayer Brown.
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Del. Ruling Highlights M&A Deal Adviser Conflict Disclosures
The Delaware Supreme Court recently reversed the Court of Chancery's dismissal of challenges to Nordic Capital's acquisition of Inovalon, demonstrating the importance of full disclosure of financial adviser conflicts when a going-private merger seeks business judgment rule review, say attorneys at Debevoise.