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Technology
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August 15, 2024
Honda Slams 'Grossly Excessive' Atty Fee Bid In Defect Deal
Honda urged a California federal judge on Thursday to reject a $10.8 million fee request in a consumer settlement that's paid out just $540,000 to Acura car owners with a purported hands-free calling battery-draining defect, blasting the amount as "grossly excessive" under the Ninth Circuit's recent Lowery decision.
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August 15, 2024
Baker Botts, Sumner Schick $14M Fee Hit As 'Unreasonable'
Baker Botts LLP and Sumner Schick LLP's request for $14.3 million in attorney fees plus $1.8 million in costs following their client Computer Sciences Corp.'s $168.4 million trade secrets verdict against Tata Consultancy Services is "facially unreasonable," the consulting firm told a Texas federal judge Wednesday.
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August 15, 2024
Philips' Fitness Tracker Patent Suit Is Back On Course
The Federal Circuit on Thursday breathed new life into a patent suit by electronics giant Philips targeting fitness trackers made by Garmin.
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August 15, 2024
Hytera Says Diligent Radio Retool Should Head Off Contempt
Hytera Communications Corp. Ltd. says it should not be held in contempt for allegedly failing to pay Motorola Solutions royalties on mobile radios it redesigned after getting slapped with a trade secret theft verdict, arguing that evidence proves that Hytera redesigned its products "module by module, line by line."
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August 15, 2024
Telecom Orgs Ask Justices To Take Up NY Internet Rate Cap
The U.S. Supreme Court must step in and unravel a split Second Circuit ruling upholding New York's right to put a $15 cap on the amount broadband companies can charge low-income households, say several trade groups that lost their challenge to the law.
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August 15, 2024
Nvidia Illegally Scraped Videos To Train AI, YouTuber Says
Artifical intelligence technology titan Nvidia Corp. has been collecting millions of YouTube videos without creators' permission and using them to train its deep-learning AI software, according to a proposed class action filed Wednesday in California federal court.
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August 15, 2024
Audacy Sale To Soros Won't Be Rubber-Stamped, Cruz Says
The Federal Communications Commission will hold a full commission vote on whether to transfer the licenses tied to Soros Fund Management's acquisition of an ownership interest in radio station owner Audacy Inc. after it emerges from bankruptcy, according to Sen. Ted Cruz, R-Texas.
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August 15, 2024
NIH Accused Of Wrongly Eliminating Cos. From $50B IT Deal
Two companies have disputed their exclusion from the National Institutes of Health's pending $50 billion CIO-SP4 information technology procurement, saying they were qualified for the contract and the NIH hasn't explained its decisions.
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August 15, 2024
Yearbook Site Has 'Tortured View' Of Suit Waiver, Judge Says
A Washington federal judge criticized the company behind Classmates.com on Thursday for arguing someone could've waived their right to sue the company for using their photo without ever visiting the website, calling it a "tortured view" of the Terms of Services language.
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August 15, 2024
Judge 'Dumbfounded' By Software Co.'s Bids To Undo Verdict
A Colorado federal judge said Thursday she was "dumbfounded" by a software company's decision to renew requests to set aside a jury verdict or amend a $19.8 million judgment against it, asking an attorney for the company to offer an explanation for the move.
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August 15, 2024
You Can Drive 100 Miles, Albright Tells Texas Instruments
Dallas-based Texas Instruments Inc. failed Thursday to persuade U.S. District Judge Alan Albright of the Western District of Texas to let a patent lawsuit leave his jurisdiction, in part because of the "less than 100 miles" between Waco and the federal courthouse in Dallas.
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August 15, 2024
Realtors Urge 9th Circ. Not To Revive Zillow Antitrust Case
The National Association of Realtors has urged the Ninth Circuit to reject a defunct brokerage platform's appeal in a case over design changes Zillow made to comply with an association rule, saying the rule is optional and that Zillow acted on its own.
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August 15, 2024
Zymergen Investors Can't Beat Suit Over Pre-IPO Statements
Three of the largest investors of biotechnology company Zymergen cannot escape a suit accusing them of misleading shareholders ahead of the company's initial public offering by approving misstatements about the company's commercial product pipeline.
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August 15, 2024
FTC Renews Bid To Toss Meta's Constitutionality Case
The Federal Trade Commission has told a D.C. federal court that a recent U.S. Supreme Court ruling does not support Meta's case raising constitutional challenges to a data privacy order, arguing the case should be tossed.
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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.
Expert Analysis
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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.
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8 Legal Issues Influencing Investors In The Creator Economy
The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.
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Key Antitrust Class Certification Questions Remain Unclear
The U.S. Supreme Court, by recently rejecting certiorari in Visa v. National ATM, turned down the opportunity to clarify how to analyze disputed evidence bearing on the certification of antitrust class actions, leaving the applicable standards unclear instead of resolving this split of authority, says Jonathan Berman at Jones Day.
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Action Steps To Address New Restrictions On Outbound Data
Companies should immediately assess all their data-based operations so they can consider strategies to effectively mitigate new compliance risks brought on by recently implemented transaction restrictions, including a Justice Department proposal and landmark data legislation, say attorneys at Wiley.
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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.