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Technology
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June 11, 2024
JPML Consolidates GM, LexisNexis Driving Data Suits In Ga.
Drivers claiming that their auto insurance rates increased after General Motors and its OnStar unit collected driving data without consent and shared the information with LexisNexis Risk Solutions will have their suits consolidated in Georgia federal court, the Judicial Panel on Multidistrict Litigation ruled.
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June 11, 2024
5th Circ. Won't Adopt Rule On AI-Drafted Docs
The Fifth Circuit has decided this week not to adopt a proposed rule requiring attorneys to verify that documents were not written using generative artificial intelligence, or if they were, that they were checked for accuracy by humans.
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June 11, 2024
Swedish Software Co. IFS Buying Copperleaf In CA$1B Deal
Linköping, Sweden-based IFS AB has agreed to purchase Canada's Copperleaf Technologies Inc. for about CA$1 billion ($725.6 million), the companies said Tuesday.
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June 11, 2024
Longtime Orrick IP Partner Jumps To White & Case In DC
An Orrick Herrington & Sutcliffe LLP partner, who spent over 14 years with the firm litigating a range of patent and other matters, has joined White & Case LLP to continue working on intellectual property appellate issues, the firm announced Tuesday.
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June 11, 2024
Elon Musk Sued Anew In Del. Over $16B Tesla Stock Sale
A Tesla shareholder has hit Elon Musk with a lawsuit over his 2021 sale of $16 billion worth of stock just before his purchase of Twitter, claiming the billionaire profited by concealing his intent to buy the social media platform and made the purchase in part to reinstate former President Donald Trump's account.
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June 11, 2024
Wilson Sonsini-Led Yext Paying Up To $220M For Hearsay
Wilson Sonsini Goodrich & Rosati PC is advising Yext Inc. on a new agreement to acquire Latham & Watkins LLP-repped Hearsay Systems, a client engagement platform for financial services, for $125 million and up to an additional $95 million if certain performance metrics are hit.
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June 10, 2024
Privacy Law Needs Broader State Override, Trade Groups Say
Nearly two dozen business groups are calling on Congress to expand the preemption provisions in proposed legislation to give consumers more control over their personal information, arguing that the current draft "falls short" of creating a uniform national data privacy framework by failing to fully override the emerging state law patchwork.
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June 10, 2024
Microsoft Wants $242M IP Verdict Axed Or Cut To $1.9M
Microsoft has urged a Delaware federal judge to toss a $242 million jury verdict that found Microsoft's virtual assistant Cortana infringed a patent originally issued to a company that developed Apple's Siri software, arguing infringement wasn't proven and the "grossly inflated" award should at least be cut to $1.95 million.
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June 10, 2024
Debevoise Aims To Sink Cognizant Bribery Trial Subpoena
Debevoise & Plimpton LLP urged a New Jersey federal judge Monday to quash defendants' trial subpoena that would require a Debevoise partner to testify in an upcoming September criminal bribery trial against ex-Cognizant Technology Solutions's chief legal officer and another former executive, arguing that the testimony is subject to attorney-client privilege.
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June 10, 2024
Biz Defends $525M Data Storage Patent Win Against Amazon
Efforts by Amazon to dislodge a $525 million jury verdict are too late and amount to sour grapes, a small Chicago software company that won the amount has told an Illinois federal court.
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June 10, 2024
Health Data Co. Says Rival's Request Risks Patient Security
A healthcare data company pushed back against claims in Maryland federal court that it blocks a rival's access to nursing home patient data used to identify potential complications, saying the rival is asking to disable security measures that prevent attacks on its system.
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June 10, 2024
Apple IPhone Antitrust MDL Heads To NJ, Where DOJ Is Suing
Apple customers accusing the company of locking in iPhone users through anticompetitive agreements will have their cases consolidated in New Jersey, the U.S. Judicial Panel on Multidistrict Litigation ruled Friday, finding the parties can coordinate with the U.S. Department of Justice's enforcement action there to avoid duplicative discovery and inconsistent rulings.
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June 10, 2024
NY Lawmakers Pass Kids Social Media Addiction Bill
New York lawmakers have passed a bill that will rein in social media algorithms from delivering addictive content to minors and sent it to Gov. Kathy Hochul's desk for approval, which is widely expected.
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June 10, 2024
FCC Urged To Add Missing Persons Code For Tribes
Tribal leaders urged the Federal Communications Commission to consider adding a missing persons code specific to Indigenous people as it upgrades the Emergency Alert System.
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June 10, 2024
Cut Penalties For Rural Buildout Shortcomings, FCC Urged
A trade group representing electric cooperatives is joining the chorus of industry interests calling for the Federal Communications Commission to reduce penalties for companies that withdraw from federally backed rural broadband projects, saying the commission rules should not be "punitive" when build-outs stop making sense.
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June 10, 2024
Emory Settles With Student Accused Of Cheating With AI Tool
Emory University has reached a settlement with a student who received a $10,000 prize for developing an artificially intelligent study program before being suspended when the school decided the program violated its academic honor code, according to court filings Monday.
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June 10, 2024
Software Alliance Urges Congress To Tackle Deepfakes
The Software Alliance, a trade group that includes Microsoft Corp., Adobe Inc. and IBM, urged Congress Monday to pass legislation that addresses the proliferation of digital replicas made possible with artificial intelligence, telling lawmakers that unauthorized deepfakes harm artists who rely on their reputation and public recognition.
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June 10, 2024
2nd Circ. Remands Malpractice Suit Against DLA Piper
The Second Circuit on Monday sent back to state court a Chinese smart car technology company's malpractice suit against DLA Piper that accused the firm of mishandling a shareholder suit, with the appeals court panel saying federal court does not have jurisdiction over the suit.
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June 10, 2024
Arnold & Porter Advises Cognizant On $1.3B Belcan Buy
Arnold & Porter Kaye Scholer LLP is guiding Cognizant on a newly inked agreement to buy Kirkland & Ellis LLP-repped Belcan for about $1.3 billion, Cognizant said in a statement Monday.
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June 10, 2024
Conduent Buys Back $132M Of Shares From Carl Icahn
Business services provider Conduent Inc. on Monday agreed to repurchase $132 million of common stock from activist investor Carl Icahn, ending Ichahn's stock in the company through a deal guided by Willkie Farr & Gallagher LLP and Holland & Knight LLP.
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June 10, 2024
Snap Slams Connecticut Girl's Renewed Sex Assault Suit
A renewed lawsuit alleging that Snapchat's Bitmoji avatars make it easier for sexual predators and other malicious individuals to groom minors must be dismissed again, Snap Inc. told a Connecticut state court, because the new complaint retreads the same allegations the court already tossed out.
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June 10, 2024
Catching Up With Delaware's Chancery Court
Big players and big moves dominated much of the past week in Delaware's Court of Chancery, as Tesla in particular and big corporations in general showed their pique over rulings that went toward stockholders or against conventional expectations.
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June 10, 2024
Justices To Hear Meta Investor Suit Over Risk Disclosures
The U.S. Supreme Court on Monday agreed to hear Meta Platforms' petition regarding the Ninth Circuit's decision to partially revive investors' claims over the Cambridge Analytica data abuse scandal, after the tech giant argued the appellate panel adopted "extreme outlier positions."
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June 10, 2024
High Court Won't Review FCC's Universal Service Fund
The U.S. Supreme Court declined Monday to review whether the country's fee-based telecom subsidy system unlawfully delegates taxing powers from Congress to the Federal Communications Commission and a privately run administrator.
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June 07, 2024
Public Schools Tossed From Calif. Social Media Injury Case
Four public school districts cannot pursue their claims against Meta Platforms, Snap, Google, YouTube and TikTok that their allegedly addictive social media platforms fueling a mental health crisis among children have had a ripple effect on schools, a California state judge ruled Friday.
Expert Analysis
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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How Breach Reporting Is Changing For Financial Institutions
In May, the Federal Trade Commission's amended Safeguards Rule will extend the data protections that apply to information held by banks to information held by nonbanking financial institutions — and sweep even more broadly in some critical aspects, say Evan Yahng and Kurt Hunt at Dinsmore.
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What Attorneys Need To Know About H-1B Lottery Changes
The newly revamped H-1B lottery process opened Wednesday and promises to bring more fairness to securing highly competitive slots, giving more companies a chance to access highly skilled workers, say Renée Mueller Steinle and Elizabeth Chatham at Stinson.
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High Court Social Media Speech Ruling Could Implicate AI
In Moody v. NetChoice and NetChoice v. Paxton, the U.S. Supreme Court is considering whether certain state laws can restrict content moderation by social media platforms, but the eventual decision could also provide insight into whether the first amendment protects artificial intelligence speech, say Joseph Meadows and Quyen Dang at GRSM50.
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Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism
In this month's bid protest roundup, Markus Speidel at MoFo examines a trio of U.S. Government Accountability Office decisions with takeaways about the consequences of a teaming partner's organizational conflict of interest, a solicitation's latent ambiguity and an unreasonable agency cost adjustment.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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The Corporate Transparency Act Isn't Dead Yet
After an Alabama federal court's ruling last week rendering the Corporate Transparency Act unconstitutional, changes to the law may ultimately be required, but ongoing compliance is still the best course of action for most, says George Singer at Holland & Hart.
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Employer Pointers As Wage And Hour AI Risks Emerge
Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.
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Webpages Must Meet Accessibility Standard To Be Prior Art
The Patent Trial and Appeal Board's First Solar Inc. v. Rovshan Sade decision, that an available internet resource doesn't necessarily qualify as a prior art "printed publication" that is publicly accessible, serves as a reminder of the unforgiving requirements that must be satisfied to establish that a reference is a printed publication, say attorneys at Akin.
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Employers, Prep For Shorter Stock Awards Settlement Cycle
Companies that provide equity compensation in the form of publicly traded stock will soon have one less day to complete such transactions under U.S. Securities and Exchange Commission and Nasdaq rules — so employers should implement expedited equity compensation stock settlement and payroll tax deposit procedures now, say attorneys at Morgan Lewis.
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The Pros And Cons Of Protecting AI As Trade Secrets
Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.
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Complying With Enforcers' Ephemeral Messaging Guidance
Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.
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New FinCEN Guide Provides Useful BOI Context For Banks
Financial institutions should review a new Financial Crimes Enforcement Network compliance guide for helpful details about how the agency's beneficial ownership information database should be used, though questions remain about the access rule and whether it will truly streamline bank borrowers' Corporate Transparency Act due diligence, says George Singer at Holland & Hart.
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What's New In FDA's Updated Data Monitoring Guidance
The U.S. Food and Drug Administration's new guidance on the use of data monitoring committees in clinical trials is set to replace the agency's 2006 guidance on the topic, with notable updates including stronger language indicating a more stringent stance against financial conflicts of interest and adaptation to recent changes in DMC structure, say attorneys at Hogan Lovells.
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Strategies For Single-Member Special Litigation Committees
The Delaware Supreme Court's recent order in the Baker Hughes derivative litigation allowing testimony from a single-member special litigation committee highlights the fact that, while single-member SLCs are subject to heightened scrutiny, they can also provide unique opportunities, says Josh Bloom at MoloLamken.