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Technology
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October 30, 2024
T-Mobile Defends UScellular Spectrum Buy At FCC
T-Mobile and United States Cellular Corp. urged the Federal Communications Commission to dismiss challenges to UScellular spectrum leases as it seeks to sell wireless operations to T-Mobile, arguing the dispute over the leases is unrelated to the wireless sale.
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October 30, 2024
FCC To Consider Undersea Cable Security Review In Nov.
The Federal Communications Commission next month is expected to embark on a review of security measures for undersea cables, an issue of growing concern over the last year.
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October 30, 2024
Biopharma Co. Can't Knock Ex-CFO's Bias Suit Out Of Court
A biopharmaceutical development company can't kick a fired executive's bias suit to arbitration, a California federal judge said, ruling that the harassment she said she faced on the job was gendered enough to invoke a federal law curbing out-of-court-resolutions of sex harassment claims.
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October 30, 2024
CTIA Asks To Expand Hot Spot Program Directly To Devices
School districts and libraries should be able to use their E-rate funds to provide commercially available mobile broadband service to students instead of just hotspots, a wireless industry trade group has told the Federal Communication Commission.
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October 30, 2024
Siemens Makes $10.6B AI Push With Altair Engineering Buy
German tech conglomerate Siemens AG has agreed to acquire software company Altair Engineering Inc. for approximately $10.6 billion, in a deal that seeks to bolster its artificial intelligence-powered design and simulation portfolio, the companies said Wednesday.
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October 30, 2024
IBM Wants Extra $63M From Zynga After $45M App Patent Win
IBM Corp. asked a Delaware federal judge to add $63 million in enhancement and prejudgment interest onto its $45 million patent infringement award against Zynga Inc., a week after Zynga asked the court to order a new trial over the dispute.
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October 30, 2024
Class Members Can't Change Opt-Out Rules In Chevy EV Deal
A Michigan federal judge won't grant a bid by individual class members to change the opt-out procedure in a $150 million settlement to resolve claims that General Motors sold Chevrolet Bolt electric vehicles with defective batteries, calling the motion an improper late objection to the settlement's preliminary approval.
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October 30, 2024
MVP: Paul Weiss' Karen Dunn
Karen Dunn, co-chair of Paul Weiss Rifkind Wharton & Garrison LLP's litigation practice, over the past year has co-led a defense of Google LLC and secured two pretrial wins against the U.S. Department of Justice's pending antitrust suit alleging the tech giant runs a monopoly on online advertising, earning Dunn a spot among the 2024 Law360 Technology MVPs.
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October 30, 2024
FTX Witness Who Saw Bankman-Fried's 'Evil' Avoids Prison
A Manhattan federal judge allowed FTX's former chief engineer to avoid prison Wednesday, crediting his trial testimony against the crypto exchange's founder Sam Bankman-Fried, his ongoing cooperation and his relatively small role in the $11.2 billion fraud.
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October 30, 2024
AI-Focused SPAC Joins Pipeline With $200M IPO Filing
Archimedes Tech SPAC Partners II Co., a special purpose acquisition company targeting the artificial intelligence industry, filed plans on Wednesday for an estimated $200 million initial public offering, while another SPAC, energy-transition focused Tavia Acquisition Corp., downsized plans.
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October 30, 2024
Gov't Contracts Of The Month: Uranium And Missile Detection
Over the past month, the Biden administration advanced plans to secure the nuclear energy supply chain with $3.5 billion worth of uranium enrichment contracts and added $1.8 billion to its next-generation missile detection program. Here are Law360's most note-worthy government contracts for October 2024.
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October 30, 2024
NY Telecoms Urge Justices To Keep Pause On Price Cap
Telecommunications trade groups urged U.S. Supreme Court Justice Sonia Sotomayor to keep New York's broadband price cap for low-income residents on hold even if the justices ultimately decide to review it, saying in a new brief Wednesday enforcement of the price caps would do irreparable harm to their members.
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October 29, 2024
'In-And-Out' Trades Don't Doom Lead Plaintiff Bid, Judge Says
A Manhattan federal judge appointed a Pomerantz LLP client as lead plaintiff in a shareholder suit against Nano Nuclear Energy Inc., rejecting arguments that the investor's handful of so-called in-and-out trades in the company's stock should preclude her from representing the proposed class in securities fraud allegations against the company.
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October 29, 2024
NY Health Provider To Boost Data Security To End AG's Probe
An Albany-based healthcare provider has agreed to pay $2.75 million in penalties and data security enhancements to resolve the New York attorney general's claims it failed to protect private medical data that was exposed in a pair of 2023 cyberattacks, the regulator said Tuesday.
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October 29, 2024
DOJ Will Restrict Data Swapping With 'Countries Of Concern'
The U.S. Department of Justice has proposed new rules that will make it the regulator of any type of transaction that would put certain kinds of sensitive privacy data in the hands of any "covered persons" or "country of concern."
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October 29, 2024
'Breathtaking' Pentagon Leak Merits 16 Years, Feds Say
Prosecutors urged a federal judge on Tuesday to sentence a former Massachusetts Air National Guardsman to more than 16 years in prison for posting top secret military documents to the social media platform Discord, calling the crimes a historic and "breathtaking" betrayal of national security.
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October 29, 2024
Bell Owes $16M In Trade Secrets Row With Vendor, Jury Finds
A Texas jury on Tuesday largely found in favor of Bell Helicopter Textron Inc. in a suit claiming that it used a former vendor's trade secrets to prep a replacement supplier, concluding that Bell breached its contract with the vendor but that the Fort Worth, Texas-based aerospace manufacturer hadn't stolen intellectual property.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Navigating Complex Regulatory Terrain Amid State AG Races
This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.
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How A Trump Win Might Affect The H-1B Program
A review of the Trump administration's attempted overhaul of the H-1B nonimmigrant visa program suggests policies Donald Trump might try to implement if he is reelected, and specific steps employers should consider to prepare for that possibility, says Eileen Lohmann at BAL.
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Challenge To Ill. Card Fee Law Explores Compliance Hurdles
A recent federal lawsuit challenging an Illinois law that will soon forbid electronic payment networks from charging fees for processing the tax and tip portions of card transactions, fleshes out the glaring compliance challenges and exposure risks financial institutions must be ready to face next summer, says Martin Kiernan at Amundsen Davis.
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Recent Securities Cases Highlight Risks In AI Disclosures
Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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A Look At The PTAB's Assessment Of Prior Art Exceptions
The Patent Trial and Appeal Board's approach over the last 10 years to assessing Section 102(b) prior art exceptions reveals a few trends, including that evidence of common ownership may have a higher likelihood of successfully disqualifying prior art under Section 102(b)(2)(C) at the institution stage, say Louis Panzica and David Holman at Sterne Kessler.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Open Questions In Unsettled Geofence Warrant Landscape
The Fourth and Fifth Circuits recently reached radically divergent conclusions about the constitutionality of geofence warrants, creating an uncertain landscape in which defendants should assert and preserve the full range of conventional Fourth Amendment challenges, says Charles Fowler at McKool Smith.
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A Look At 5 States' New Data Privacy Laws
With new data privacy laws in Utah, Florida, Texas, Oregon and Montana recently in effect or coming into force this year, state-level enforcement of data privacy creates significant challenges and risks for how businesses interact with employees and consumers, and for companies that provide and use technologies in multiple jurisdictions, say attorneys at Jenner & Block.
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Antitrust In Retail: Why FTC Is Studying 'Surveillance Pricing'
The Federal Trade Commission's decision to study targeted "surveillance pricing" should provide greater clarity into the nature of the data aggregation industry, but also raises several issues, including whether these practices are in fact illegal under any established interpretations of U.S. antitrust law, say attorneys at Holland & Knight.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Licensing And Protections For Voice Actors In The Age Of AI
While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.
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8 Issues AI Firms May Encounter As M&A Action Accelerates
As the AI merger climate heats up, potential complications may arise, including antitrust scrutiny, talent retention agreements, and aggressive and protective deal terms intended to compensate for lofty valuations, say Scott Schwartz and Kishan Barot at Manatt.