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Technology
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July 22, 2024
Chancery Ruling Denies Extra New Relic Doc Release Demand
Two shareholders of web analytics firm New Relic Inc. lost a Delaware Court of Chancery bid Monday for additional disclosures regarding the company's $6.5 billion, $87-per-share buyout by private equity firms Francisco Partners and TPG Capital LP, despite a magistrate's finding that the original, general demand was proper.
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July 22, 2024
BlackBerry Sex Harassment Plaintiff May Lose Anonymity
A former BlackBerry executive claiming CEO John Giamatteo sexually harassed her on his way up to the top job while she was fired for reporting his actions may not be able to proceed with her suit anonymously, a California federal judge said Monday.
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July 22, 2024
Fed. Circ. Axes Claim In UNM Network Patent, Questions Others
The Federal Circuit ruled Monday that the Patent Trial and Appeal Board wrongly upheld part of a University of New Mexico wireless communications patent challenged by network equipment maker Zyxel, and ordered the board to reconsider amended claims it had allowed.
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July 22, 2024
9th Circ. Backs Moving Video Game IP Suit To South Korea
The Ninth Circuit on Monday said a federal judge correctly dismissed a copyright and trade secrets complaint from a South Korean video game developer against a rival because their country is a more convenient venue, rejecting plaintiff Nexon Korea Corp.'s arguments that the Digital Millennium Copyright Act should have prevented that from happening.
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July 22, 2024
Scanner Maker Tells 4th Circ. Contract Ends Honeywell Suit
Laser technology company Opto Electronics urged the Fourth Circuit to overturn a jury finding that it was liable for ripping off Honeywell International over royalties for barcode scanners, arguing that a contract between the companies foreclosed the result as a matter of law.
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July 22, 2024
NC Hospital, Patients Nearing Deal In Hacking Suit
Columbus Regional Healthcare System and the patients who accused it of failing to properly protect their personal information at its North Carolina hospital have reached a tentative settlement agreement, according to a new notice asking the Tar Heel State's business court to pause proceedings while they hash it out.
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July 22, 2024
Goodwin Guides Bregal Sagemount's $500M Fund Close
Growth-focused private equity shop Bregal Sagemount, advised by Goodwin Procter LLP, on Monday announced that it clinched its inaugural fund after raising $500 million of capital commitments.
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July 22, 2024
Lexitas Says IT Consulting Co. Didn't Finish $2M Project
Litigation services company Depositions Solutions LLC, which does business as Lexitas, said in a Texas county complaint Monday that a Philadelphia-based information technology company hired to upgrade its web services failed to complete a more than $2 million project.
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July 22, 2024
Catching Up With Delaware's Chancery Court
A $6 million bank fee, a $42.5 million shopping mall deal, some questionable Amazon deliveries and long-ago expired ketchup: it was all part of the comings and goings in Delaware's Court of Chancery last week. New cases involved mining and cybersecurity companies, board takeovers, "weaponized" director election provisions, and legal fees following a $3.1 billion telecom merger. In case you missed it, here's the latest from the Chancery Court.
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July 22, 2024
AI-Focused Velocium To Go Public Via $445M SPAC Merger
AI-focused technology provider Velocium Inc. has agreed to go public by merging with special purpose acquisition company Maquia Capital Acquisition Corp. in a deal that values Velocium at $445 million, both parties announced.
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July 22, 2024
FCC Waives 5.9 GHz Rules To Allow For Smart Car Tech
The Federal Communications Commission has voted to waive certain restrictive connectivity rules for cars, allowing automobile equipment manufacturers to make use of the 5.9 gigahertz band for Cellular Vehicle-to-Everything technology.
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July 22, 2024
Rising Star: Covington's Ross Demain
Ross Demain of Covington & Burling LLP has represented and advised tech giants in several multibillion-dollar deals, including Amazon's $8.5 billion purchase of MGM and Salesforce's $27.7 billion acquisition of Slack, earning him a spot among the technology law practitioners under age 40 honored by Law360 as Rising Stars.
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July 22, 2024
TikTok Says Arbitration Pacts Doom Former Exec's Bias Suit
TikTok urged a New York federal court to toss a former marketing executive's suit accusing the company of putting her on a "kill list" of employees to push out because she was a woman nearing 50, saying she agreed to arbitrate any employment-related disputes with the company.
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July 22, 2024
Meta Hit With Fresh Complaint Over 'Pay Or Consent' Model
Meta has been hit with a complaint from European consumer protection authorities, which fear that the tech giant's "pay or consent" business model for Facebook and Instagram misleads its users, the European Commission said on Monday.
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July 19, 2024
Platform Sciences Hit With $19M Omnitracs Patent Verdict
A California federal jury on Friday determined that Qualcomm spin-off Omnitracs is entitled to $19.3 million in lost profits and a $140,000 royalty after a former executive's new company willfully infringed one of its fleet management software patents, but cleared it of infringing two other patents.
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July 19, 2024
Meta Separation Deals Were 'Overly Broad,' NLRB Judge Says
Tech giant Meta violated federal labor law by offering laid-off employees separation agreements with "overly broad language" barring them from discussing employment terms or conditions, a National Labor Relations Board judge found on Friday.
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July 19, 2024
9th Circ. Judge Open To Reversing Google's Privacy Win
A Ninth Circuit judge appeared receptive Friday to reversing Google's summary judgment win in Chrome users' proposed privacy class action, telling Google's counsel that the standard is what a reasonable consumer would expect and "you have a much higher opinion of the average intelligence of the computer user than I."
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July 19, 2024
Calif. Bar Backs Creating New Virtual Bar Exam To Cut Costs
The State Bar of California's Board of Trustees has signed off on plans to negotiate a potentially $8 million, five-year deal with Kaplan North America LLC to replace the Multistate Bar Exam with its own state exam that could be taken remotely, according to a statement issued Friday.
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July 19, 2024
Pornhub's Parent Co. Seeks Exit From Trafficking Class Action
MindGeek asked a California federal judge Friday to end a class action filed by individuals who alleged its company Pornhub published sexually explicit videos of them as minors, arguing there's no evidence showing MindGeek promoted child pornography on its sites, and that it removed the videos upon request.
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July 19, 2024
House Republican Rips FCC's School Wi-Fi Subsidy
A key House Republican with oversight of the Federal Communications Commission attacked the agency's new subsidy providing Wi-Fi services for school and library patrons, saying it will make consumer costs soar without helping education.
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July 19, 2024
More Airwaves Needed For Power Grid Upgrades, FCC Told
Power companies are calling on the Federal Communications Commission to help free up more spectrum for utilities, telling the agency that opening up spectrum currently committed to public safety use could be a win-win.
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July 19, 2024
Oracle Inks $115M Deal To End Consumer Data Collection Suit
Oracle America Inc. agreed to pay $115 million to resolve a proposed class action alleging the software company illegally sold internet users' electronic profiles, consumers told a California federal judge, putting to rest a case that has stretched on for nearly two years.
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July 19, 2024
How Did The Global Tech Outage Impact Transportation?
The overnight global tech outage that prompted a cascade of flight delays and cancellations and disruptions to certain transit, shipping and port operations, left transportation providers and other critical infrastructure reeling and wondering how to avoid further crippling computer failures.
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July 19, 2024
SEC Wins $1.1M Penalty Against Crypto CEO
A New York federal judge ordered the CEO of bitcoin mining firm MGT Capital Investments Inc. to pay a $1.1 million civil penalty for making misstatements in contribution to an alleged pump-and-dump scheme, even though the defendant had argued the impact of his statements on investors was negligible.
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July 19, 2024
SolarWinds' Ruling 'No Comfort' For Cybersecurity Leaders
Although a federal district court has struck down significant portions of the U.S. Securities and Exchange Commission's data breach case against software developer SolarWinds Corp., attorneys say what remains of the lawsuit gives "no comfort" to chief information security officers hoping to avoid similar suits over statements about their company's cybersecurity practices.
Expert Analysis
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How Companies Can Use Big Data As A Strategic Asset
Artificial intelligence technology powered by big data has the potential to create radical improvements to business operations, but if big data is improperly protected or monetized, this same information can give competitors similar advantages, or at the very least undermine a company's edge, say Gary Weinstein and Hudson Peters at Faegre Drinker.
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Oracle Ruling Underscores Trend Of Mootness Fee Denials
The Delaware Chancery Court’s recent refusal to make tech giant Oracle shoulder $5 million of plaintiff shareholders' attorney fees illustrates a trend of courts raising the standard for granting the mootness fee awards once ubiquitous in post-merger derivative disputes, say attorneys at Troutman Pepper.
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Circumstantial Evidence Requires A Pointillist Approach
Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.
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Cos. Should Mind Website Tech As CIPA Suits Keep Piling Up
Businesses should continue evaluating their use of website technologies and other data-gathering software and review the disclosures in their privacy policies, amid an increase so far in 2024 of class actions alleging violations of the California Invasion of Privacy Act's pen register and trap-and-trace provisions, say attorneys at Sheppard Mullin.
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3 Tech Sourcing Best Practices That Are Relevant For AI
It might be tempting to think that sourcing artificial intelligence tools requires a completely new set of skills, but the best practices that lead to a good deal are much the same as traditional technology procurement, says Mia Rendar at Pillsbury.
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The Pros And Cons Of NIST's Proposed March-In Framework
Recent comments for and against the National Institute of Standards and Technology’s proposed guidance on march-in rights — which permit the government to seize federally funded patents — highlight how the framework may promote competition, but could also pose a risk to contractors and universities, say Nick Lee and Paul Ragusa at Baker Botts.
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Comparing Corporate Law In Delaware, Texas And Nevada
With Elon Musk's recent decision to reincorporate his companies outside of Delaware, and with more businesses increasingly considering Nevada and Texas as corporate homes, attorneys at Baker Botts look at each jurisdiction's foundation of corporate law, and how the differences can make each more or less appealing based on a corporation's needs.
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Opinion
Federal MDL Rule Benefits From Public Comments
The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.
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Tips For Orgs Defending Against Daniel's Law Claims
With Daniel's Law recently amended to require courts to award statutorily defined damages to aggrieved parties, organizations should identify whether they are subject to the law and ensure they have implemented a comprehensive compliance program to better avoid litigation costs and reputational harm, say attorneys at Thompson Hine.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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When Trade Secret Protection And Nat'l Security Converge
The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.
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Cos. Should Prepare For Foreign Data Transfer Regulations
A new regulatory regime designed to protect U.S. sensitive data from countries of concern may complicate an already intricate geopolitical landscape and affect even companies beyond the data industry, but with careful preparation, such companies can endeavor to minimize the effect on their business operations and ensure compliance, say David Plotinsky and Jiazhen Guo at Morgan Lewis.
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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A Closer Look At Antitrust Agencies' Chat Platforms Guidance
Following the U.S. antitrust agencies' clarification that companies' preservation obligations extend through applications that automatically delete communications, firms should look at new compliance measures, including keeping control over retention settings, say John Ingrassia and Tim Burroughs at Proskauer.