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Technology
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June 20, 2024
FCC Slams Bid In 6th Circ. To Put Net Neutrality On Hold
The Federal Communications Commission told the Sixth Circuit on Tuesday it should pay no heed to a collection of net neutrality challengers arguing that "dire consequences" will ensue if the appellate court doesn't stop the agency from reinstating open internet regulations while the two sides argue the matter out in court.
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June 20, 2024
FCC Allows Top-4 Exception So Gray Can Sell Station
The Federal Communications Commission has granted an exception to its rule prohibiting ownership of stations carrying more than one top-four network in a local market, allowing Gray Television to sell a Cheyenne, Wyoming, station as part of a larger deal.
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June 20, 2024
USPTO's AI-Assisted Inventions Guidance Irks ABA IP Section
The U.S. Patent and Trademark Office's guidance on when inventions developed using artificial intelligence can be patented generated criticism from the American Bar Association's Section of Intellectual Property Law, expressing concern that it could be detrimental as it "casts doubt on inventorship through general acts of human direction."
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June 20, 2024
11th Circ. Backs Stryker's Defeat Of Fired Worker's Leave Suit
The Eleventh Circuit refused Thursday to revive a suit claiming medical technology company Stryker illegally fired a worker on leave awaiting the birth of his child, ruling that because the leave didn't formally kick in until the child was born, his termination was fair game.
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June 20, 2024
Deals Rumor Mill: Carlyle-KKR, Didi IPO, Open AI
The deals rumor mill is often overflowing with transactions that are reportedly close to being signed, so it can be hard to know which ones to stay on top of.
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June 20, 2024
ZoomInfo Hit With Race Bias Claim By Fired Account Exec
A Black former senior account executive at ZoomInfo Technologies Inc. says he was repeatedly denied promotions and transfers despite outperforming white colleagues, then was fired in retaliation for filing a discrimination complaint.
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June 20, 2024
EchoStar Says Customers Can Skip Junk Fees With Right Info
Dish Network parent company EchoStar is defending early termination fees to the Federal Communications Commission, telling the agency that Dish's 2009 settlement agreement over deceptive charges can serve as a model for FCC billing guidelines.
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June 20, 2024
Tesla Let Racism Go Unchecked In Calif. Factories, Suit Says
Harassment ran rampant in two Tesla factories where racist graffiti was commonplace and Black and Hispanic workers were taunted with racial slurs, according to a suit filed in California state court.
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June 18, 2024
Qualcomm Investors Ink $75M Deal Over Licensing Practices
Qualcomm Inc. investors asked a California federal judge to greenlight a $75 million settlement that would resolve their claims that the chipmaker misled the market by stating it kept its licensing and chip-supply businesses separate when it regularly bundled the two in negotiations and agreements.
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June 18, 2024
Tesla Can't Beat 'Right-To-Repair' Monopoly Suit This Time
Tesla must face an amended proposed class action alleging the company runs an unlawful monopoly on parts for its electric vehicles, a California federal judge has ruled, finding that the plaintiffs have addressed issues in their previously dismissed complaint.
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June 18, 2024
IPhone Buyers Want Canadian Data In Amazon Antitrust Case
Apple Inc. and Amazon.com Inc. must be forced to turn over Canadian sales data as part of a lawsuit accusing the pair of hatching an anticompetitive agreement to choke third-party sales, a group of iPad and iPhone buyers told a Washington federal court.
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June 18, 2024
Microsoft Reaches Deal With Patent Biz After $242M Verdict
Microsoft indicated on Tuesday that it has decided to settle a fight with a litigation outfit that won a $242 million verdict from a Delaware federal jury over patents bought from a company that developed Apple's Siri software.
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June 18, 2024
No Reason To Move Net Neutrality Suits To DC Circ., ISPs Say
Nearly a dozen industry groups are calling on the Sixth Circuit to reject an effort by the Federal Communications Commission to move a raft of lawsuits over the FCC's net neutrality rules to the D.C. Circuit.
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June 18, 2024
Amazon Hit With $5.9M Fine For Violating Calif. Quota Law
California's labor commissioner has fined Amazon $5.9 million for violating the Golden State's Warehouse Quotas Law, which requires employers to give workers written notice of any quotas they must follow, according to a Tuesday announcement.
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June 18, 2024
9 Firms Vie To Lead Suit Over Ad Tech Co.'s Microsoft Ties
Pomerantz LLP, Levi & Korsinsky LLP and several other firms have filed competing bids to lead a proposed shareholder class action alleging that shares of ad tech company Perion Network declined nearly 40% after its strategic partner Microsoft Bing "unilaterally" changed its search advertising pricing.
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June 18, 2024
Fed. Circ. Won't Revive Philips Communication Patent Claims
The Federal Circuit on Tuesday sided with Patent Trial and Appeal Board judges who gutted claims in a Philips patent challenged by a Chinese chipmaker that is facing an infringement suit in Delaware.
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June 18, 2024
Google's Deal With Apple Should Be Busted Up, Users Say
Counsel for consumers accusing Google of making an illegal pact with Apple to serve as the iPhone's default search engine urged a California federal judge on Tuesday to revive their dismissed antitrust suit, saying, "We're looking to bust up the contract to get competition back in the market."
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June 18, 2024
Anticompetitive Rules Hinder BEAD Fund, Critic Claims
The success or failure of the $42.5 billion Broadband Equity, Access, and Deployment program lies in the "devilish details," according to one free-market think tank, which says that rules encouraging rate regulation and favoring "gold-plated" fiber technology could soon "cause havoc" if oversight is not rigorous enough.
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June 18, 2024
Ex-Twitter Workers Seek Class Cert. In Arbitration Fee Fight
A group of former Twitter workers who accuse X Corp. of stalling their employment disputes by refusing to pay arbitration fees urged a California federal judge Monday to certify multiple classes of workers over allegations their arbitration efforts have been thwarted by the social media giant.
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June 18, 2024
Chastened Boeing CEO Vows Fixes In Harsh Senate Hearing
Boeing's chief steadfastly defended the company's commitment to safety, even as he acknowledged a breakdown in how certain managers responded to whistleblowers who had flagged past questionable design or manufacturing practices, as he endured a grueling public hearing before a Senate panel Tuesday.
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June 18, 2024
Starbucks Among Eateries Facing IP Suits Over Ordering Tech
Starbucks, Denny's and three other restaurants are the latest to face a patent-licensing company's lawsuits in Texas for allegedly infringing a patent that lets customers place mobile orders on an app or website using a real-time menu that can make personalized suggestions.
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June 18, 2024
ITC To Eye Samsung Loss In LCD Patent Suit Against Rival
The U.S. International Trade Commission decided Monday to review several issues in a judge's decision that cleared Manufacturing Resources International Inc. in a suit by Samsung accusing it of infringing LCD digital display patents.
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June 18, 2024
Microsoft Says Starbucks Ruling Hurts FTC's Activision Case
Microsoft told the Ninth Circuit on Monday that the U.S. Supreme Court's recent ruling requiring labor regulators to meet a four-factor test in order to win a preliminary injunction undercuts the Federal Trade Commission's bid to halt the company's $68.7 billion acquisition of Activision Blizzard Inc.
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June 18, 2024
Democrats Punt On Spectrum Bill, Claiming GOP 'Obstruction'
A Senate Democratic leader again delayed consideration of a bill Tuesday to renew the Federal Communications Commission's spectrum auction powers, saying the holdup was instigated by Republicans on the Senate Commerce Committee.
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June 18, 2024
Apple Sanctioned In Siri Privacy Suit For Deleting Recordings
A California federal judge has sanctioned Apple Inc. in a privacy lawsuit brought by Siri users who claim the voice-activated software records their conversations, finding the tech giant spoiled evidence by deleting key data, but that a jury should determine whether Apple deprived the users of the data intentionally.
Expert Analysis
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New Concerns, Same Tune At This Year's SIFMA Conference
At this year's Securities Industry and Financial Markets Association conference on legal developments affecting the financial services industry, government regulators’ emphasis on whistleblowing and AI washing represented a new refrain in an increasingly familiar chorus calling for prompt and thorough corporate cooperation, say attorneys at Fried Frank.
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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.