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Technology
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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.
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July 25, 2024
Online Education Group 2U Hits Ch. 11 With Over $944M Debt
2U Inc., a remote learning and accreditation group, and a handful of affiliates filed for Chapter 11 protection in New York on Thursday with plans to cut some $486 million in debt from its balance sheet and exit bankruptcy by September.
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July 24, 2024
FTC Chair Wary AI Tools Can Be Used For Corporate Collusion
Federal Trade Commission Chair Lina Khan weighed in on a host of topics during a discussion Wednesday at the Ninth Circuit Judicial Conference, expressing concerns about the agency's high legal bills for expert witnesses and describing AI price-setting tools as a potential loophole for collusion.
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July 24, 2024
Albright Stays 3D Patent Row Against Apple For PTAB Appeal
U.S. District Judge Alan D. Albright has agreed to pause a patent owner's suit accusing Apple of infringing its three-dimensional interface technology for mobile devices to let both sides appeal to the Federal Circuit the Patent Trial and Appeal Board's rulings invalidating some of the asserted patents.
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July 24, 2024
Canadian Woman Gets 2 Years For Russian Export Scheme
A New York federal judge on Wednesday sentenced a Canadian woman to two years in prison for laundering funds in connection to the export of sensitive technology to Russia in violation of U.S. sanctions, and she accused the defendant of lying about her culpability during her sentencing hearing.
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July 24, 2024
Delta Air Targeted In DOT Probe Following Global Tech Outage
Delta Air Lines is being investigated by the U.S. Department of Transportation over its handling of massive flight cancellations since the global outage Friday that left passengers stranded in airports waiting hours to reach customer service representatives and resulting in thousands of complaints, the agency announced Wednesday.
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July 24, 2024
Google, Ill. Parents Reach Deal In Grade School BIPA Dispute
Google and parents who accused the tech giant of illegally harvesting their grade school daughters' biometric data have reached a settlement in the putative class action and want the suit sent back to state court to finalize the agreement, they have told an Illinois federal judge.
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July 24, 2024
Ex-Arena Group CEO Says He's Owed Fees For Dueling Suits
The former CEO of digital publisher The Arena Group is demanding that the company make its contractual payments to him to cover his costs for dueling lawsuits against one another in separate state courts, according to a Wednesday suit in Delaware Chancery Court.
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July 24, 2024
Fed. Circ. Rejects Challenges To PTAB's Network IP Decisions
The Federal Circuit rejected an internet router-maker's bid to restore testimony that could have flipped two decisions at the Patent Trial and Appeal Board, ruling Wednesday that the court won't revive ideas developed decades ago by a since-bankrupt tech company.
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July 24, 2024
Apple Foe Urges Fed. Circ. To Rethink PTAB Holding
A Michigan professor's startup has asked the full Federal Circuit to revisit a ruling penned by U.S. District Judge Alan Albright, arguing the wrong call was made on what kind of arguments from Apple the Patent Trial and Appeal Board could field.
Expert Analysis
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3 Ways To Fight Alice Rejections Of Blockchain Patents
Excerpt from Practical Guidance
With blockchain-related patent application filings on the rise, Thomas Isaacson at Polsinelli offers strategies for responding to U.S. Patent and Trademark Office determinations that the blockchain network is just a generic computer and patent-ineligible under the U.S. Supreme Court's 2014 Alice v. CLS Bank decision.
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Takeaways From Nat'l Security Division's Historic Declination
The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.
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F1 Driver AI Case Sheds Light On Winning Tactics In IP Suits
A German court recently awarded damages to former F1 driver Michael Schumacher's family in an artificial intelligence dispute over the unlicensed use of his image, illustrating how athletes are using the law to protect their brands, and setting a precedent in other AI-generated image rights cases, William Bowyer at Lawrence Stephens.
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Lessons From Epic's Dutch Fine For Unfair Marketing To Kids
Dutch regulators' imposition of a €1.1 million fine on Epic Games for unfair commercial practices targeting children marks a significant moment in the ongoing scrutiny of digital market practices, and follows an increased focus on children's online safety in the U.S. and European Union, say attorneys at Crowell & Moring.
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Opinion
California Has A Duty To Curtail Frivolous CIPA Suits
As plaintiffs increasingly file class actions against companies for their use of website tracking cookies and pixels, the Legislature should consider four options to amend the California Invasion of Privacy Act and restore the balance between consumer privacy and business operational interests, say Steven Stransky and Jennifer Adler at Thompson Hine and Glenn Lammi at the Washington Legal Foundation.
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Risks And Promises Of AI In The Financial Services Industry
Generative artificial intelligence has immense potential to revolutionize the financial services industry, but firms considering its use should first prepare to show their customers and the increasingly divided international regulatory community that they can manage the risks inherent to the new technology, say attorneys at Gibson Dunn.
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8th Circ. Insurance Ruling Spotlights Related-Claims Defenses
The Eighth Circuit’s recent Dexon v. Travelers ruling — that the insurer must provide a defense despite the policy’s related-acts provision — provides guidance for how policyholders can overcome related-acts defenses, say Geoffrey Fehling and Jae Lynn Huckaba at Hunton.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Key FCC Enforcement Issues In AT&T Location Data Appeal
AT&T’s decision to challenge a $57 million fine from the Federal Communications Commission for its alleged treatment of customer location information highlights interesting and fundamental issues about the constitutionality of FCC enforcement, say Patrick O’Donnell and Jason Neal at HWG.
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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.