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August 15, 2024
Intel Hit With Del. Derivative Suit After Stock, Revenue Drop
An Intel Corp. stockholder has sued the chip giant for derivative damages tied to the company's more-than 27% stock drop and $7 billion production unit loss in 2023 following separation of the company's chip production and design operations, despite prior upbeat forecasts.
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August 15, 2024
Gemini Suit Raises Novel Question On Crypto Law, Court Told
A suit from a consumer advocacy organization claimed Gemini Trust Co.'s user agreement unfairly put the onus on consumers to protect themselves from scams, but the Winklevoss-led crypto exchange said the litigation raises a larger question of whether the federal statute at the heart of the claims applies to cryptocurrencies.
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August 15, 2024
No Harm In SEC Releasing More Info On Breach, Judge Told
A conservative civil liberties group questioned the U.S. Securities and Exchange Commission's claims that releasing additional materials related to its handling of an internal firewall breach would harm the public interest Thursday, telling a D.C. federal judge in court that so much was already out, more sunlight couldn't hurt.
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August 15, 2024
Startup's Cannabis Payment Deal Dispute Can Move Ahead
An Illinois federal judge has preserved the bulk of a now-defunct cannabis payment startup's suit alleging Fidelity National Information Services drove it out of business by backing out of a partnership deal, saying that while there wasn't an enforceable contract, the startup sufficiently pled that FIS was misleading in its promises.
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August 15, 2024
Cooley Steers $1.6B Sale Of PE-Backed Campus Tech Co.
Roper Technologies Inc. said Thursday it has agreed to purchase campus technology and payment solutions company Transact Campus Inc., which is majority-owned by Reverence Capital Partners, for $1.6 billion.
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August 15, 2024
Delaware Judge Sends Tracking Tech IP Dispute To California
A Delaware federal judge sent a patent infringement suit brought by a company that sells truck driver tracking software to California federal court, questioning in her opinion whether the company "ever fully intended" to pursue its claims in the First State in the first place.
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August 15, 2024
Lockheed Martin Buys Satellite Maker In $450M Deal
Global aerospace and defense company Lockheed Martin, advised by Hogan Lovells LLP, on Thursday unveiled plans to buy satellite maker Terran Orbital, led by Akin Gump Strauss Hauer & Feld LLP, in a deal that boasts an enterprise value of roughly $450 million.
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August 15, 2024
Delta Facing Second Customer Suit Over IT Outage Response
A Florida resident hit Delta Air Lines with a second proposed class action claiming the company failed to properly refund and reimburse passengers when their flights were canceled or significantly delayed in the wake of the global CrowdStrike computer outage.
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August 15, 2024
Paul Hastings Adds M&A, Shareholder Activism Lawyer
Paul Hastings LLP announced Thursday that it has boosted the firm's mergers and acquisitions and shareholder activism platform with a longtime Goodwin Procter LLP partner.
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August 14, 2024
Synopsys Escapes Exclusivity Breach Suit At Chancery
Delaware's Chancery Court on Wednesday dismissed private equity firm Sunstone Partners' lawsuit accusing Synopsys Inc. of breaching an exclusivity provision for a potential sale of its security testing services business, saying Sunstone failed to adequately allege Synopsys solicited proposals from other potential buyers.
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August 14, 2024
T-Mobile Hit With $60M Fine Over National Security Risks
The Committee on Foreign Investment in the U.S. fined T-Mobile US Inc. $60 million for alleged national security failures, including failing to prevent the unauthorized access of "certain sensitive data" and to promptly report such incidents, according to news reports Wednesday and the agency's website.
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August 14, 2024
LinkedIn Can't Shake Privacy Suit Over DMV Data Collection
A California federal judge has refused to ax a proposed class action accusing LinkedIn Corp. of unlawfully obtaining users' personal disability information from the state's Department of Motor Vehicles website, rejecting the company's arguments that it was merely acting as a "recording service" for the DMV and that the dispute couldn't proceed without the agency being added as a defendant.
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August 14, 2024
Tesla Factory Race Bias Class Action Will Go To Trial In 2025
A California judge said at a case management conference Wednesday that a certified class action by Black workers alleging Tesla allowed racial discrimination to run rampant will go to trial in 2025, noting the plaintiff sued in 2017 and "everybody, the plaintiffs and the defense, needs to have closure on these issues."
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August 14, 2024
Gilstrap Can't Keep IP Case Top Secret, Federal Circuit Told
Law professors and media groups are backing a nonprofit's legal quest at the Federal Circuit to unseal documents in a since-concluded patent lawsuit in the Eastern District of Texas, arguing that keeping patent cases secret harms the public interest.
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August 14, 2024
Apple Accused Of 'Privacy-Washing' Child Porn Problem
Apple Inc. has engaged in "privacy-washing" by using a purported commitment to users' privacy as an excuse to ignore its "dire" problem with child sexual abuse material being uploaded to and stored on iCloud, according to a proposed class action filed in California federal court.
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August 14, 2024
Amazon's Kuiper Says Satellite Framework Needed Soon
Amazon's Kuiper Systems is pushing the FCC to "take expeditious action" to wrap up new rules dealing with spectrum sharing among non-geostationary orbit fixed-satellite service operators, comments regarding which have been filing into the docket for years.
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August 14, 2024
Holland & Knight Out, Polsinelli In For Tesla After Atty Moves
As Holland & Knight LLP steps out of the U.S. Equal Employment Opportunity Commission's lawsuit alleging Tesla allowed rampant racism to overtake a California factory, a California federal judge allowed Polsinelli PC to step in as the electric carmaker's counsel after three attorneys switched to the incoming firm.
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August 14, 2024
Temu Parent Faces Investor Suit Over Security, Labor Claims
Chinese retail company PDD Holdings Inc., the owner of online merchandiser Temu, was hit with a proposed securities class action in New York federal court alleging it concealed from investors that it actively sought to put malware on its users' phones and sold goods that were likely made by forced labor.
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August 14, 2024
Google-Epic Antitrust Judge Vows To 'Tear The Barriers Down'
A California federal judge appeared impatient Wednesday with Google's arguments against Epic Games' proposed changes to the Google Play Store in the wake of Epic's antitrust jury win, saying the world created by its "monopolist conduct" is changing, and vowing "to tear the barriers down."
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August 14, 2024
Schools Chatbot Co. Seeks Liquidation Amid Data Concerns
AllHere Education Inc., the Boston-based Harvard Innovation Labs venture that sold AI-powered chatbots to schools, filed for Chapter 7 liquidation in Delaware on Tuesday amid concerns about the privacy of students' data.
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August 14, 2024
Supply Chain Automation Co. Symbiotic Faces Investor Suit
Symbotic Inc., a supply chain automation technology company, was hit with a proposed class action Wednesday alleging it misled investors about its growth prospects after announcing a roughly $13 million earnings miss amid unanticipated costs and construction delays for certain projects.
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August 14, 2024
Del. Justices Affirm $266M Atty Fee Award In Dell Class Suit
Delaware's Supreme Court on Wednesday backed a Chancery Court decision awarding an almost record-breaking $266.7 million fee for stockholder attorneys who settled a class action against Dell Technologies Inc. for $1 billion, saying the Chancery "did not exceed its discretion in setting the fee percentage."
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August 14, 2024
House Republican Files Bill To Fix 'Rip And Replace' Shortfall
A Texas Republican has introduced U.S. House legislation to fill the shortfall in the "rip and replace" program to reimburse telecoms for ridding their networks of Chinese-made components, to the tune of $3.08 billion.
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August 14, 2024
Computer Equipment Co. Hid Demand Decline, Investor Says
Cloud network equipment company Extreme Networks Inc. misled investors about its financial prospects and declining client demand as its customers' buying habits changed during the COVID-19 pandemic, according to a proposed class action filed in California federal court.
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August 14, 2024
FTC Finalizes Rule To Crack Down On Fake Online Reviews
The Federal Trade Commission on Wednesday announced it has finalized a rule to thwart marketers from using false reviews and testimonials, cementing the agency's authority to seek civil penalties from knowing violators for a host of misconduct including the use of AI-generated fake reviews.
Expert Analysis
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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CFPB Reality Check: Video Game Cash Is Still Money
The Consumer Financial Protection Bureau's recent report examining payments within online video games indicates that financial services offered within the game marketplace are quickly evolving to the point where they are indistinguishable from traditional financial services subject to regulation, say attorneys at Sheppard Mullin.
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How Copyright Office AI Standards Depart From Precedent
The U.S. Copyright Office's recent departure from decades of precedent for technology-assisted works, and express refusal to grant protection to artificial intelligence-assisted works, may change as the dust settles around ancillary copyright issues for AI currently pending in litigation, says Kristine Craig at Hanson Bridgett.
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IP Considerations For Companies In Carbon Capture Sector
As companies collaborate to commercialize carbon capture technologies amid massive government investment under the Infrastructure Investment and Jobs Act, a coherent intellectual property strategy is more important than ever, including proactively addressing and resolving questions about ownership of the technology, say Ashley Kennedy and James De Vellis at Foley & Lardner.
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Keeping Up With Class Actions: A New Era Of Higher Stakes
Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.
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Does Expert Testimony Aid Preliminary IPR Responses?
Dechert attorneys analyze six years of patent owners' preliminary responses to inter partes review petitions to determine whether the elimination of the presumption favoring the petitioner as to preinstitution testimonial evidence affected the usefulness of expert testimony in responses.
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Are Concessions In FDA's Lab-Developed Tests Rule Enough?
Although the U.S. Food and Drug Administration's new policy for laboratory-developed tests included major strategic concessions to help balance patient safety, access and diagnostic innovation, the new rule may well face significant legal challenges in court, say Dominick DiSabatino and Audrey Mercer at Sheppard Mullin.
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8 Questions To Ask Before Final CISA Breach Reporting Rule
The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.
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Is The Digital Accessibility Storm Almost Over?
Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.
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Rebuttal
Double-Patenting Ruling Shows Terminal Disclaimers' Value
While a recent Law360 guest article seems to argue that the Federal Circuit’s Cellect decision last year robs patent owners of lawful patent term, the ruling actually identifies how terminal disclaimers are the solution to the problem of obviousness-type double patenting, say Jane Love and Robert Trenchard at Gibson Dunn.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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How Courts Are Interpreting Fed. Circ. IPR Estoppel Ruling
In the year since the Federal Circuit’s Ironburg ruling, which clarified the scope of inter partes and post-grant review estoppel, district court decisions show that application of IPR or PGR estoppel may become a resource-intensive inquiry, say Whitney Meier Howard and Michelle Lavrichenko at Venable.
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A Recipe For Growth Equity Investing In A Slow M&A Market
Carl Marcellino at Ropes & Gray discusses the factors bolstering appetite for growth equity fundraising in a depressed M&A market, and walks through the deal terms and other ingredients that set growth equity transactions apart from bread-and-butter venture capital investing.
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Patent Damages Jury Verdicts Aren't Always End Of The Story
Recent outcomes demonstrate that patent damages jury verdicts are often challenged and are overturned approximately one-third of the time, and successful verdict challenges typically occur at the appellate level and concern patent validity and infringement, say James Donohue and Marie Sanyal at Charles River.
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NY Tax Talk: Primary Function Is Key Analysis For Sales Tax
Two sales tax cases recently decided by New York's Appellate Division illustrate why both taxpayers and the state's Department of Revenue subscribe to the primary function test, a logical way to determine whether business transactions are subject to sales tax, say Elizabeth Cha and Jeremy Gove at Eversheds Sutherland.