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Technology
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July 25, 2024
Feds Unseal Indictment Against Fla. IT Worker in Spying Case
The U.S. Department of Justice has unsealed an indictment charging a Chinese-born American citizen with conspiring to act as an agent of the People's Republic of China, saying the PRC used the Florida information technology worker as a "cooperative contact" to support its intelligence goals.
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July 25, 2024
SEC Seeks To Narrow Attack On Nasdaq Board Diversity Rule
The U.S. Securities and Exchange Commission told the Fifth Circuit Thursday that conservative groups objecting to a Nasdaq rule mandating the disclosure of board diversity data can no longer complain about the exchange's offer to help companies recruit applicable candidates because that offer has expired, mooting at least one aspect of a broader attack against the rule.
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July 25, 2024
FCC Keeps Chin Up, But Chevron Woes Won't Soon Fade
After the U.S. Supreme Court term stampeded over long-established elements of administrative law this summer, the future of several major Federal Communications Commission initiatives was cast into doubt, but the agency says it's still optimistic it can navigate the new challenges.
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July 25, 2024
Chancery Urged To Sanction Musk, X, Attys After Doc Delete
The founder of a legal research site that makes government documents public has petitioned Delaware's Court of Chancery to sanction Elon Musk, his X entities and his counsel after a court clerk allegedly removed, at the request of attorneys for the billionaire, a document filed in Twitter Inc.'s battle over Musk's $44 billion takeover.
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July 25, 2024
Watchdog Says $30.2M IT Contract Holder Didn't Overedit Bid
The U.S. Government Accountability Office upheld the U.S. Space Force's $30.2 million IT deal, rejecting claims that the eventual award-holder had revised too much of its bid after being allowed to alter parts of its proposal.
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July 25, 2024
Cable Group Says Funds May Cover Less Under BEAD Rules
The funds the Biden administration has put into the Broadband Equity, Access and Deployment Program should be enough to get most eligible locations connected if the National Telecommunications and Information Administration doesn't set any mandates on how much that service will cost after it's there, a cable trade group says.
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July 25, 2024
AIP Buys AGCO's Grain & Protein Biz In $700M Cash Deal
Agricultural machinery company AGCO Corp., advised by Simpson Thacher & Bartlett LLP, on Thursday announced plans to sell the majority of its grain and protein business to industrial investor American Industrial Partners, led by Sidley Austin LLP, in an all-cash deal valued at $700 million.
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July 25, 2024
Texas Judge Again Orders Transfer Of SpaceX NLRB Suit
A Texas federal judge again denied SpaceX's request that he reconsider an earlier decision transferring to California the company's challenge to the constitutionality of the National Labor Relations Board, reaffirming a May decision holding the company did not provide good reason to rethink the transfer.
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July 25, 2024
Solar Tech Co. Investor Drops Securities Action
An Enphase Energy Inc. shareholder told a California federal judge he's voluntarily dismissing a proposed class action alleging the energy technology company and its executives had failed to disclose slow growth trends.
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July 25, 2024
SEC Says Consensys 'Rushed To Court' Over Probe Notice
The U.S. Securities and Exchange Commission has argued cryptocurrency firm Consensys improperly "rushed to court" to head off an enforcement action alleging certain products require brokerage registration.
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July 25, 2024
Prime Subscribers Say Amazon Can't Dodge Privacy Suit
A group of Prime subscribers told a federal court on Wednesday that Amazon cannot sidestep privacy claims in their proposed class action, arguing the possibility the tech giant shares their personal information with advertisers is enough to keep the case alive.
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July 25, 2024
Rising Star: Paul Weiss' Martha Goodman
Martha Goodman of Paul Weiss Rifkind Wharton & Garrison LLP has advised on high-profile antitrust matters for major tech clients, including defending Google in the U.S. Department of Justice's landmark upcoming antitrust trial over advertising technology, earning her a spot among the technology lawyers under age 40 honored by Law360 as Rising Stars.
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July 25, 2024
Advocacy Group Pushes FCC For Hearing On Fox TV License
An advocacy group accusing a Philadelphia Fox television station of knowingly airing harmful conspiracy theories following the 2020 election has told the Federal Communications Commission the group has collected more than 25,000 signatures from people saying the agency should grant a hearing on the subject of yanking the station's license.
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July 25, 2024
Justices Urged To Revisit FCC Fund After 5th Circ. Ruling
Free-market groups asked the U.S. Supreme Court on Thursday to take another look at their challenge to the Federal Communications Commission's low-income and rural subsidy programs after the Fifth Circuit ruled the system was unconstitutional.
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July 25, 2024
Google Bias Case Tossed After Reported Settlement
A Manhattan federal judge dismissed a suit brought by a former Google executive who claimed he was fired after alleging that a female colleague sexually harassed him, citing a reported settlement with the company.
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July 25, 2024
The 5 Biggest Mass. Top Court Rulings Of 2024 So Far
It was an eventful first half of 2024 for Massachusetts' top appellate panel, which issued a landmark sentencing ruling, weighed in on time limits in civil cases and addressed whether an attorney falling asleep mid-trial is grounds for a successful appeal.
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July 25, 2024
Samsung Might Not Control Face App Data, Ill. Judge Rules
An Illinois federal judge on Wednesday threw out a putative class action alleging facial-recognition technology in an application on Samsung smartphones and tablets violates the state's privacy law, saying while the company controls the app and its technology, there's no claim it receives the app's data or even has access to it.
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July 25, 2024
Divided FCC Floats AI Disclosure Rule For Political Ads
The Federal Communications Commission is moving forward with a proposal to require that radio and television broadcasters disclose when political advertising uses artificial intelligence.
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July 25, 2024
Simpson Thacher, Kirkland Lead KKR's $4.8B Instructure Buy
Educational software company Instructure Holdings Inc., advised by Kirkland & Ellis LLP, on Thursday revealed that it has agreed to be bought by private equity giant KKR, led by Simpson Thacher & Bartlett LLP, in an all-cash take-private deal with an enterprise value of roughly $4.8 billion.
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July 25, 2024
Chancery Says DGCL 'Donut Hole' Dooms Governance Deal
A "donut hole" baked into a rushed Delaware General Corporation Law amendment by state lawmakers earlier this year has tripped up most governance concessions that information technology company N-able Inc. granted to its lead investors, a Delaware vice chancellor ruled on Thursday.
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July 25, 2024
Womble Bond Atty, NC Bar Leader, Talks DEI, Digital Courts
The North Carolina Bar Association has welcomed a new president amid a year of major change, including an election in November with a host of judicial races; the continued push to prioritize diversity, equity and inclusion in the industry; and the massive undertaking of digitizing the state's court records system.
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July 25, 2024
Zurich Can't Revive Deductible In Georgia Coverage Suit
A Georgia federal judge rejected Zurich American Insurance Co.'s bid to reverse a ruling holding it could and did waive a $2.5 million flood deductible in its coverage row with First Solar Electric LLC over storm damage to a solar farm, holding that the insurer was just "regurgitating" arguments.
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July 25, 2024
Celeb Video Platform Cameo Fined $100K Over Paid Promos
Celebrity video platform Cameo will pay $100,000 as part of a 30-state settlement over claims it failed to inform customers that its advertising service for businesses involved paid promotions.
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July 25, 2024
Deals Rumor Mill: Wiz-Google, Daily Telegraph, Medline IPO
Cybersecurity startup Wiz has rebuffed a buyout offer from Google, former British finance minister Nadhim Zahawi is preparing a $773 million bid for the Daily Telegraph, and medical supplies giant Medline is preparing an initial public offering for 2025. Here, Law360 breaks down these and other notable deal rumors from the past week.
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July 25, 2024
Calif. Justices Rule Prop 22 Is Constitutional
The California Supreme Court on Thursday upheld the Proposition 22 statewide ballot measure from 2020 that exempts certain app-based drivers from the state's independent contractor classification law, a ruling that could have widespread consequences for the gig economy and driver litigation.
Expert Analysis
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Ill. Justices' Ruling Answers Corporate Defamation Questions
The Illinois Supreme Court's recent unanimous decision in Project44 v. FourKites provides needed certainty and direction for lower courts considering defamation cases involving communications to corporate officers from third parties outside the corporation, which could result in fewer unwarranted motions to dismiss in trial courts and nonmeritorious appeals, says Phillip Zisook at Schoenberg Finkel.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Opinion
CFPB Could, And Should, Revise Open Banking Rulemaking
In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Don't Fall On That Hill: Keys To Testifying Before Congress
Because congressional testimony often comes with political, reputational and financial risks in addition to legal pitfalls, witnesses and their attorneys should take a multifaceted approach to preparation, walking a fine line between legal and business considerations, say attorneys at Crowell & Moring.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Key Issues Raised By Colorado's Brain Data Privacy Bill
Colorado recently became the first state to provide consumer privacy protections for data generated from a person's brain waves, and despite the bill’s ambiguity and open questions introduced, the new law has helped turn the spotlight on neurodata, says Sara Pullen Guercio at Alston & Bird.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Compliance Strategies To Mitigate 3 New Areas Of AI Risk
The era of artificial intelligence-assisted corporate crime is here, but several concrete mitigation strategies can allow companies to address the new, rapidly evolving threats posed by deepfakes, information barrier evasion and AI model manipulation, say attorneys at Debevoise.
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Exploring A New Era Of IP Law Amid The Rise Of Generative AI
Attorneys at Hogan Lovells explore the effects of generative artificial intelligence in three areas of intellectual property, recent updates and emerging trends, and its significance on the IP landscape now and moving forward.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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Perspectives
Criminal Defendants Should Have Access To Foreign Evidence
A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.
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How Cos. Can Prep For New Calif. Privacy Regulations
The California Privacy Protection Agency has been very active in the first quarter of 2024 and continues to exercise its rulemaking authority with proposed draft regulations, so retailers should prepare for California Consumer Privacy Act enforcement and figure out how best to comply, say attorneys at Dentons.
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Fed. Circ. Defines Foreign IP Damages, Raises New Questions
In Brumfield v. IBG, the Federal Circuit recently clarified which standard determines the extraterritoriality of the patent statute after the U.S. Supreme Court's WesternGeco decision, opening a new avenue of damages for foreign activities resulting from certain domestic activities while also creating some thorny questions, say Amol Parikh and Ian Howard at McDermott.