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September 04, 2024
Solana Labs Denied Arbitration In Token Crypto Fraud Suit
A California federal judge has denied a motion to compel arbitration in a suit alleging Solana Labs Inc. and its key investors promoted and sold Solana cryptocurrency tokens as unregistered securities, saying that Solana failed to prove that the lead plaintiff agreed to the terms of service that included an arbitration clause, among other things.
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September 04, 2024
1st Circ. Unsure If Texts In Pot Bribe Case Crossed State Lines
A First Circuit panel on Wednesday expressed skepticism that the simple sending of an iMessage through an Apple cellphone satisfies the element of wire fraud requiring interstate communication, entertaining a Massachusetts attorney's challenge to his convictions for seeking to bribe a police chief to win a local marijuana license.
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September 04, 2024
2nd Circ. Says Free E-Book Library Not Fair Use
The Second Circuit on Wednesday rejected a nonprofit digital library's fair use defense of its practice of distributing copyrighted e-books for free, ruling in favor of a group of book publishers in a closely watched case.
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September 04, 2024
Ga. Justices Affirm Rejection Of Class In Patient Privacy Suit
The Georgia Supreme Court said Wednesday that a Fulton County trial court acted within its discretion when it denied class certification for a suit over a release of patient records from a private mental health hospital, overturning a Georgia Court of Appeals ruling.
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September 04, 2024
J&J Hit With $1B Damages In Del. Merger Milestone Fight
Johnson & Johnson owes more than $1 billion to a medical robotics developer and entrepreneur caught up in a multibillion-dollar post-acquisition dispute, a Delaware vice chancellor ruled Wednesday.
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September 04, 2024
AI Musician Duped Streaming Giants To Steal $10M, Feds Say
A North Carolina man streamed thousands of artificial intelligence-generated songs to dupe streaming giants like Spotify and YouTube and generate $10 million in an elaborate scam, federal prosecutors in Manhattan charged Wednesday in a first-of-its-kind case.
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September 03, 2024
WDTX Judge Agrees To Ship Apple E-Wallet Patent Case To Calif.
An Austin federal judge sent a patent case against Apple to California, finding "especially weighty" the tech giant's assertion that no employees relevant to the e-wallet infringement case brought by a Canadian company are located in the Western District of Texas and most are in the Golden State.
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September 03, 2024
8th Circ. Again Scraps Class Cert. For TD Ameritrade Clients
The Eighth Circuit reversed Tuesday a lower court's ruling certifying a class of TD Ameritrade clients for the second time in a lawsuit alleging the stockbroker routed orders to trading venues that didn't always provide the best execution, rejecting the named plaintiff's new class-wide damages theory based on commissions.
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September 03, 2024
ITC Clears Amazon In Video Processing Patent Case
The U.S. International Trade Commission has voted to reject infringement claims against Amazon over patents in the field of video processing, affirming a judge's initial finding with some modest adjustments.
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September 03, 2024
Alphabet Beats Investor Suit Over Antitrust Issues, For Now
A California federal judge on Tuesday tossed a proposed securities fraud class action against Google and its parent company Alphabet Inc., saying investors failed to adequately allege that Google intended to deceive them when responding to a congressional query on concerns of anti-competitive ad tech practices.
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September 03, 2024
Super Micro Faces Investor Suits Over Short Seller Report
Artificial intelligence server manufacturer Super Micro Computer Inc. has been hit with at least three investor lawsuits in California federal court over claims its shares fell by about 20% after a short seller report accused it of violating its previous settlement with the U.S. Securities and Exchange Commission over accounting improprieties.
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September 03, 2024
Phone Co. Sued In Del. For CEO Spending, Crypto Asset Docs
An OSOM Products Inc. stockholder has sued the crypto-focused former cellphone-maker for books and records access, citing allegations that CEO and controlling stockholder Jason Keats has diverted company assets for personal use and other undisclosed dealings involving OSOM and Solana cryptocurrency.
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September 03, 2024
5th Circ. Hesitant To Call Tornado Cash 'Entity'
A Fifth Circuit panel prodded the U.S. Department of the Treasury's argument that Tornado Cash counts as a corporation-like organization, telling the agency that its reasoning for calling the sanctioned crypto mixer an entity was "slippery" during oral arguments Tuesday.
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September 03, 2024
FCC Moves Ahead On Indie Video Competition, Congress Told
The Federal Communications Commission could soon advance new rules that would make it easier for independent video programmers to gain a foothold in the market, the FCC's chief has told a key Democratic senator on communications policy.
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September 03, 2024
Amazon Prevails In Targeted Programming IP Fight At Fed. Circ.
A patent licensing outfit trying to assert patents related to developing "video-on-demand" programming for cable companies was told Tuesday by the Federal Circuit that they cover abstract ideas.
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September 03, 2024
Pedestrian Hit By Off-Duty Uber Driver Can't Sue Over Injuries
A California appellate panel held Uber can't be sued for the negligence of a driver who hit a pedestrian just minutes after he switched his status to "offline," saying it was speculative to assume the driver was still on duty due to his alleged manipulation of higher "surge" fares.
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September 03, 2024
No BIPA Exception For OTC Glasses, Ill. Judges Say
An Illinois appellate court has held that someone trying on nonprescription sunglasses with an online try-on tool isn't considered a patient in a healthcare setting, dooming a glasses retailer's attempt to end the biometric privacy lawsuit it faces.
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September 03, 2024
Judge Skeptical Navy Owes Millions For IP Infringement
A Federal Circuit judge appeared skeptical Tuesday about a software firm's demand for $85.9 million in damages for the Navy's unauthorized copies of its software, suggesting the company hadn't proven its eligibility for more than the $154,400 it was previously awarded.
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September 03, 2024
Bill-Pay Co. Says Judge Already Scrapped Wash. CPA Claims
An online bill-pay platform has urged a Washington federal judge to throw out a consumer's proposed class action accusing the company of disguising itself as an official processor for legitimate service providers, pointing to disclosures on its website that the district court has already highlighted when dismissing comparable claims.
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September 03, 2024
FCC Urged To Trim Rule Proposal For Blocking Spam Texts
Wireless carriers want the Federal Communications Commission to scale back a proposed rule for blocking spam texts to ensure legitimate messages can still go through despite tighter standards.
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September 03, 2024
FCC Bans Kaspersky Software In Authorized Equipment
The Federal Communications Commission is banning the use of certain Russian-made cybersecurity and antivirus software from Kaspersky Labs in agency-authorized telecommunications equipment, months after the U.S. Department of Commerce said the software could pose national security risks.
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September 03, 2024
VLSI Asks Fed. Circ. To Nix Intel's Extraterritoriality Patent Win
Licensing company VLSI has urged the Federal Circuit to overturn a ruling granting Intel Corp. a win in VLSI's $900 million patent fight, arguing that the trial judge wrongly concluded on summary judgment that VLSI hasn't shown that Intel's alleged chip patent infringement occurred in the U.S., among other alleged errors.
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September 03, 2024
Gov't Backs 9th Circ. Bid To Revive Invisalign Monopoly Case
The U.S. Department of Justice has told the Ninth Circuit that a lower court applied the wrong standard when tossing a pair of class actions accusing the maker of Invisalign of monopolizing markets for clear dental aligners and teeth scanners.
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September 03, 2024
NBA, Warner Bros. Eye April 2025 Trial In Media Rights Spat
The NBA and Warner Bros. Discovery have told a New York state judge they want to complete an expedited discovery process in their broadcasting rights dispute, with a targeted trial start date in April.
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September 03, 2024
Calif. Eyes New Heavy-Duty Autonomous Truck Testing Regs
California is forging ahead with plans to test and deploy more heavy-duty autonomous trucks, at the same time that state lawmakers are seeking to ban autonomous trucks from operating without a human driver behind the wheel.
Expert Analysis
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Patent Lessons From 7 Federal Circuit Reversals In May
A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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How SEC Could Tackle AI Regulations On Brokers, Advisers
The U.S. Securities and Exchange Commission held an open meeting of its Investor Advisory Committee on June 6 to review the use of artificial intelligence in investment decision making, showing that regulators are being careful not to stifle innovation or implement rules that will quickly be made irrelevant after their passage, says Brian Korn at Manatt Phelps.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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What TikTok's Race Against The Clock Teaches Chinese Firms
The Biden administration's recent divestiture deadline on TikTok parent ByteDance provides useful information for other China-based companies looking to do business in the U.S., including the need to keep products for each market separate and implement firewalls at the design stage, says Richard Lomuscio at Stinson.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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FDA's Data Monitoring Guidance Reveals Future Expectations
As the world of clinical research grows increasingly complex, the U.S. Food and Drug Administration's recent draft guidance on the use of data monitoring committees in clinical trials reveals how the agency expects such committees to develop, say Melissa Markey and Carolina Wirth at Hall Render.
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Unlocking Blockchain Opportunities Amid Legal Uncertainty
Dozens of laws and legal precedents will come into the fore as Web3, metaverse and non-fungible tokens gain momentum, so organizations need to design their programs with a broader view of potential exposures — and opportunities, say Teresa Goody Guillén and Robert Musiala at BakerHostetler and Steve McNew at FTI Consulting.
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What The NYSE Proposed Delisting Rule Could Mean For Cos.
The New York Stock Exchange's recently proposed rule would provide the exchange with discretionary authority to commence delisting proceedings for a company substantially shifting its primary business focus, raising concerns for NYSE-listed companies over the exact definition of the exchange's proposed "substantially different" standard, say attorneys at Winston & Strawn.
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Live Nation May Shake It Off In A Long Game With The DOJ
Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.
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How Act 126 Will Jump-Start Lithium Production In Louisiana
Louisiana's recent passage of Act 126, which helps create a legal and regulatory framework for lithium brine production and direct lithium extraction in the state, should help bolster the U.S. supply of this key mineral, and contribute to increased energy independence for the nation, say Marjorie McKeithen and Justin Marocco at Jones Walker.
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Debate Over CFPB Definition Of Credit Is Just Beginning
The Consumer Financial Protection Bureau has recently worked to expand the meaning of credit, so anyone operating on the edges of the credit markets, or even those who assumed they were safely outside the scope of this regulatory perimeter, should pay close attention as legal challenges to broad interpretations of the definition unfold, says John Coleman at Orrick.
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AI-Generated Soundalikes Pose Right Of Publicity Issues
Artificial intelligence voice generators have recently proliferated, allowing users to create new voices or manipulate existing vocals with no audio engineering expertise, and although soundalikes may be permissible in certain cases, they likely violate the right of publicity of the person who is being mimicked, says Matthew Savare at Lowenstein Sandler.
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Beware Of Trademark Scammers Leveraging USPTO Data
Amid a recent uptick in fraudulent communications directed at trademark applicants, registrants must understand how to protect themselves and their brand from fraudulent schemes and solicitation, say Michael Kelber and Alexandra Maloney at Neal Gerber.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.