Technology

  • October 29, 2024

    Retired Fed. Circ. Judge Backs Invisalign In Monopoly Cases

    Retired Federal Circuit Judge Paul R. Michel warned the Ninth Circuit on Tuesday that reversing a lower court's decision to toss a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market by illegally refusing to deal with a rival would increase patent owners' legal uncertainties.

  • October 29, 2024

    Judge Extends Block On Florida's Threats Over Abortion Ad

    A Florida federal judge on Tuesday extended a temporary order blocking the state from threatening television stations with criminal prosecution if they did not pull a campaign ad promoting an abortion rights ballot initiative.

  • October 29, 2024

    Roku Invalidates Smart Alarm Claims At Patent Board

    Roku Inc. has persuaded an administrative board at the patent office to wipe out six claims in a "smart" alarm device patent developed by a subsidiary of Roku's longtime rival, Universal Electronics Inc.

  • October 29, 2024

    FCC, Calif. Agency To Team Up To Protect Privacy

    The Federal Communications Commission is going to be teaming up with one of California's consumer protection agencies to enforce privacy rights in the Golden State, the pair announced Tuesday.

  • October 29, 2024

    ByteDance's Sanctions Bid Against Ex-Worker Delays Trial

    A California federal judge delayed a trial in a wrongful termination lawsuit filed by an engineer formerly at TikTok's parent company ByteDance, directing the parties on Tuesday to instead submit briefing on the defendants' motion to terminate the case as a sanction for the plaintiff's alleged destruction of evidence and perjury.

  • October 29, 2024

    Rumble Pushes To Join Google Ad Tech MDL

    Video-sharing site Rumble has told the U.S. Judicial Panel on Multidistrict Litigation that its case accusing Google of monopolizing key digital advertising technology should be included in the consolidated litigation pending against the tech giant in New York.

  • October 29, 2024

    US Finalizes Investment Ban On Chinese Emerging Tech

    The Biden administration finalized plans to ban U.S. investors from funding emerging Chinese technology, saying the restrictions are necessary to prevent Beijing from advancing technologies critical to its military modernization campaign. 

  • October 29, 2024

    Epic Urges 9th Circ. Not To Pause Google Play Store Fixes

    Epic Games Inc. has fired back against Google's request the Ninth Circuit issue an emergency stay pausing a lower court's antitrust injunction that would require Google to open up its Play Store to competing app stores, slamming Google's arguments as "scattershot," misleading and legally unfounded.

  • October 29, 2024

    Developer Can't Revive COVID-19 App Suit Against Apple

    A California federal judge declined to revive an antitrust suit against Apple for not distributing a COVID-19 tracking app on its app store, saying a Ninth Circuit denial of the app maker's appeal after the case was dismissed in district court "is the law" of the case.

  • October 29, 2024

    PTAB Upholds Solar Co.'s Power Supply Patent

    The Patent Trial and Appeal Board has shot down a bid from a German solar energy technology company's U.S. unit to invalidate a competitor's solar power supply patent, the latest blow to the subsidiary in a larger patent fight.

  • October 29, 2024

    Lawmakers Want Update On Copyright Office's AI Reports

    The U.S. Copyright Office is late in submitting reports on the intersection of artificial intelligence and copyright law, according to a recent letter from leadership on the House committee with jurisdiction over the matter.

  • October 29, 2024

    Accellion Can't Nix Data Breach Suit Over Outdated Software

    A California federal judge refused to end a proposed data breach class action accusing Accellion of negligently failing to protect against cyberattacks on its file-sharing software, ruling that a special relationship exists between Accellion and its customers, such that it owed a duty of care to them.

  • October 29, 2024

    Patent Partner Moves From King & Spalding To Steptoe

    A former King & Spalding LLP partner has made the jump to Steptoe LLP, filling out the firm's team of California-based litigators who take on patent cases.

  • October 29, 2024

    Google Seeks To Toss Yelp's 'Self-Preferencing' Case

    Google urged a California federal court Monday to toss Yelp's case accusing the search giant of giving preference to its own local search offerings over Yelp and others, saying the review site has been "peddling these same claims to antitrust authorities around the world for over a decade."

  • October 29, 2024

    FCC Denies Another Bid To Shelve Prison Phone Rate Caps

    The Federal Communications Commission has rejected another bid to delay new prison phone rate caps, this time from a company that sought a narrow hold while the FCC weighs its request to reconsider certain limitations on provider revenue.

  • October 29, 2024

    Kasowitz Defense Tech Trio Joins Pillsbury In DC

    As investment in government contracts, defense, technology and cyber deals continues to increase, Pillsbury Winthrop Shaw Pittman LLP has hired a trio of policy experts to its government law and strategies team in Washington to assist with lobbying support of U.S. allied-owned defense companies and other clients.

  • October 29, 2024

    1st Circ. Scraps Securities Fraud Case Against 3D Printing Co.

    The First Circuit has affirmed a ruling throwing out a securities fraud lawsuit against 3D printing business Desktop Metal, finding the investor behind the action abandoned one of her claims and failed to adequately allege the other. 

  • October 29, 2024

    MVP: Davis Wright's Ambika Kumar

    Ambika Kumar of Davis Wright Tremaine LLP has worked on multiple high-profile online free speech cases, including successfully halting a groundbreaking California law surrounding online privacy protections for children, earning her a spot as one of the 2024 Law360 Technology MVPs.

  • October 28, 2024

    Google Shadow Attacks Divert Regulator Eyes, Microsoft Says

    Like a shadow in the night, Google has been quietly organizing campaigns to attack Microsoft, mislead the public and divert antitrust regulatory scrutiny away from itself, a top attorney for the Washington tech giant claimed Monday in a fiery blog post.

  • October 28, 2024

    Apple Withholding Docs In Monopoly Row, Epic Says

    Epic Games and Apple continued on in a discovery dispute in Epic's suit accusing Apple of monopolizing the iOS app distribution and in-app payment processing markets, with the video game company saying in a joint letter filed Friday that Apple is withholding "tens of thousands" of responsive documents.

  • October 28, 2024

    CFPB Asks DC Circ. To Topple PayPal's Wallet Disclosure Win

    The Consumer Financial Protection Bureau has urged the D.C. Circuit to reverse PayPal's latest win against an agency rule that subjected Venmo-style digital wallets to some of the same fee disclosure requirements as reloadable prepaid cards, defending its basis for regulating the two products similarly.

  • October 28, 2024

    Tech Groups Target Fla. Law To Restrict Kids On Social Media

    A pair of tech industry trade associations are pressing a Florida federal court to strike down a new state law that would ban children under 13 and restrict 14- and 15-year-olds from social media, arguing that the measure would unconstitutionally stifle free speech and create new "honeypots" of personal data for hackers to exploit.  

  • October 28, 2024

    Mass. Pole Attachment Regs Stymie Broadband, FCC Told

    Internet provider GoNetspeed is again asking the Federal Communications Commission to step in and tell Massachusetts to straighten out its regulations for broadband pole attachments, saying the state's current regime is delaying deployment.

  • October 28, 2024

    Voter Can Take 'Ballot Selfie' As Suit Persists, NC Judge Says

    A North Carolina federal judge has clarified that a Libertarian state senate candidate and voter may take and share a selfie with her ballot without the threat of prosecution, granting the candidate's motion to amend the judge's earlier injunction order.

  • October 28, 2024

    Fed. Circ. Backs PTAB Win For Hyundai And VW On Ad Patent

    The Federal Circuit on Monday upheld a Patent Trial and Appeal Board decision that several claims of a StratosAudio Inc. advertising patent are invalid, in a win for automakers Hyundai and Volkswagen, both of which have been accused of infringement.

Expert Analysis

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Election Outlook: A Precedent Primer On Content Moderation

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    With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.

  • Workday AI Bias Suit Suggests Hiring Lessons For Employers

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    As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.

  • Fed. Circ. Resolves Post-AIA Question On Prefiling Activity

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    For more than a decade, patent attorneys have worried about what the America Invents Act means for specific prefiling activities, but two recent Federal Circuit decisions suggest the enumerated prefiling activities in Section 102(a)(1) will not affect validity if done within a year of filing the application, says Howard Skaist at Berkeley Law.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • The Ethics of Using Generative AI In Environmental Law

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    The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.

  • RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny

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    The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.

  • Fed. Circ. Patent Ruling Clarifies Section 101 Procedures

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    The Federal Circuit’s recent ruling in Mobile Acuity v. Blippar affirming a dismissal at the pleading stage illustrates important considerations and potential pitfalls for both filing and opposing a Section 101 motion to dismiss, say Thomas Sprankling and Vikram Iyer at WilmerHale.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • CrowdStrike Incident Highlights Third-Party Risk For Banks

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    The global business disruptions caused by CrowdStrike's faulty software update last month serves as a reminder that banks should assess operational and compliance risks associated with third-party service providers and create resiliency plans extending down to fourth- and fifth-level providers, says Craig Landrum at Jones Walker.

  • Foreign Threat Actors Pose Novel Risks To US Tech Cos.

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    A recent bulletin jointly issued by several U.S. intelligence agencies warns technology startups and the venture capital community about national security risks posed by foreign threat actors, so companies interested in raising foreign capital should watch for several red flags, say Robert Friedman and Jacob Marco at Holland & Knight.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Leveraging Policy Changes To Achieve AI Patent Eligibility

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    With the latest U.S. Patent and Trademark Office guidance in hand and legislation looming in Congress, innovators should file their artificial intelligence patent applications now — and five strategies can maximize their chances of success, says Nicholas Gallo at Troutman Pepper.

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