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Technology
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January 27, 2025
MGM's $45M Deal To End Data Breach Suits Wins Initial OK
A Nevada federal judge has preliminarily approved MGM Resorts International's $45 million deal — with class counsel seeking up to $13.5 million in fees — to settle consolidated proposed class action litigation alleging that MGM failed to protect 37 million customers' personal information from multiple data breaches in 2019 and 2023.
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January 27, 2025
Broadcom Unit Loses Patent In Netflix Fight At Fed. Circ.
A Broadcom subsidiary had no luck at the Federal Circuit on Monday in breathing new life into data caching patent claims that were asserted in the chipmaker's legal war with Netflix, but later rejected by the U.S. Patent Trial and Appeal Board.
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January 27, 2025
Influencing 101: Attorneys' Tips For Content Creators
Content creators and influencers are part of a nearly $500 million industry that presents them with a host of business opportunities — and legal risks. Here, lawyers who advise this growing group of clients share four tips with Law360 on best practices for content creators.
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January 27, 2025
'Guesswork' Dooms Class Cert. In Meta Privacy Antitrust Suit
A California federal judge has refused to certify a class of consumers who say Meta would have to pay users for their data if it didn't lie about privacy safeguards, finding that the motion was undone by the opinions of an economist who cannot get from general economics to market reality.
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January 27, 2025
QXO Goes Hostile With $11B Beacon Roofing Takeover Bid
QXO Inc. on Monday lobbed a hostile takeover bid at Beacon Roofing Supply Inc., which previously rejected its acquisition proposal, announcing plans to launch an all-cash tender offer to purchase Beacon's remaining outstanding shares in a roughly $11 billion deal.
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January 27, 2025
Pair Of Google Advertisers Must Arbitrate Ad Tech Claims
A New York federal court found that a pair of advertisers will have to arbitrate their claims against Google instead of trying to represent a class in the multidistrict litigation accusing the tech giant of monopolizing key digital advertising technology.
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January 27, 2025
Deutsche Bank Can't Add Norway Rulings To Asset Sale Fight
A Connecticut state judge has rejected Deutsche Bank AG's request to add a series of rulings by Norwegian courts into the state court's record while the bank pursues claims that Norwegian billionaire Alexander Vik and his daughter sabotaged an asset sale — rulings that the bank initially said were irrelevant.
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January 27, 2025
SCOTUSblog Publisher Pleads Not Guilty To Tax Crimes
U.S. Supreme Court advocate and SCOTUSblog co-founder Tom Goldstein pled not guilty in Maryland federal court on Monday to charges that he schemed to evade taxes and used funds from his boutique law firm to cover gambling debts.
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January 27, 2025
Zurich Owes Solar Co. $12.2M For Rain Damage, Judge Says
Zurich American Insurance Co. owes over $12.2 million to a solar energy company for damages from heavy rainstorms at a 2,000-acre solar farm, a Georgia federal court ruled after a jury found the insurer liable for additional costs related to the rain events.
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January 27, 2025
FTC Mired Startups, But Trump Brings Hope, Tech Group Says
Aggressive antitrust enforcement gave startups fewer exit opportunities as large companies like Google, Amazon and Apple pulled back on acquisitions, according to a Monday report from the Computer & Communications Industry Association, yet the trade group's chief economist is optimistic things will change under President Donald Trump.
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January 27, 2025
Davis Polk, Skadden Build Emerson's $7.2B AspenTech Buy
Global technology company Emerson, advised by Davis Polk & Wardwell LLP, on Monday announced plans to acquire the remaining shares of fellow software company AspenTech, whose special committee was led by Skadden Arps Slate Meagher & Flom LLP, that it does not already own in a $7.2 billion deal.
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January 24, 2025
Intuitive Doesn't Owe 'Free-Riding' Firm $140M, Expert Says
Robotic surgery pioneer Intuitive Surgical isn't a monopolist since it competes with other surgery options and a "free-riding" surgical repair company isn't due up to $140 million in profits allegedly lost due to Intuitive blocking its unauthorized part-refurbishment service, an economist testified Friday in a California antitrust trial.
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January 24, 2025
Companies Risk White House Wrath By Keeping DEI Programs
For companies pushing forward with their diversity, equity and inclusion initiatives amid a torrent of attacks from President Donald Trump and his allies, there are myriad potential risks ahead — and murky questions about the legal parameters of Trump's anti-DEI agenda.
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January 24, 2025
FTC Signals Unified Focus On Kids' Privacy With Rule Update
The Federal Trade Commission's recent unanimous move to strengthen longstanding online privacy protections for children demonstrated that the agency won't be easing up on enforcement in this space as a new Republican regime takes over, despite lingering questions over whether further changes or expansions may be on the horizon.
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January 24, 2025
Colo. Judge Asks If Uber Pay Law Is Like Cigarette Warning
A Colorado federal judge asked the state whether a law requiring Uber to disclose driver pay to riders can be compared to cigarette warning labels if riders are getting the information after a ride is completed, at a hearing Friday to consider whether to block the law from taking effect.
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January 24, 2025
Chinese Co. Rips Micron's 'Speculative' Fear Of Sharing Code
Yangtze Memory Technologies on Friday urged the Federal Circuit to leave in place a district court's ruling requiring rival Micron Technology Inc. to turn over its source code in a flash memory chip patent dispute, arguing that Micron's security concerns "are entirely speculative."
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January 24, 2025
11th Circ. Overturns FCC One-To-One Marketing Consent Rule
The Eleventh Circuit late Friday overturned a Federal Communications Commission rule requiring individual consumer consent to receive contacts from companies through comparison shopping sites.
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January 24, 2025
Shyamalan, Apple Cleared Of Copyright Infringement By Jury
A California federal jury on Friday delivered M. Night Shyamalan from a real-life Hollywood nightmare when it cleared the director and others of stealing an independent filmmaker's work for his Apple TV+ show "Servant."
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January 24, 2025
Newly Appointed FCC Chair Names More Agency Leaders
Federal Communications Commission Chair Brendan Carr on Friday announced several staff appointments, including acting officials to lead international affairs, engineering, economics and media relations.
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January 24, 2025
Mich. Gaming Chief Wants Betting App Suit In State Court
Michigan's gaming commissioner says his lawsuit to enforce a suspension order against the horse-race betting platform TwinSpires belongs in state court, asking a judge to sanction TwinSpires for moving the case to federal court without good reason.
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January 24, 2025
EEOC Disability Bias Suit Tossed Following Nixed Evidence
A mortgage and financial services company on Friday defeated a U.S. Equal Employment Opportunity Commission lawsuit alleging it unlawfully refused to hire a woman because she took pain medication, after a Washington federal judge ruled midtrial that a key piece of evidence shouldn't have been shown to jurors.
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January 24, 2025
Boston Firm Says IT Vendor Holding Computers 'Hostage'
Boston-based law firm Melick & Porter LLP says a company it hired to manage its information technology is now holding its computer network and data "hostage" by refusing to cooperate with the transition to a new vendor unless Melick pays it $380,000.
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January 24, 2025
Lawmakers Want FCC Subsidy Fund Preserved At High Court
Nearly 30 members of the U.S. House and Senate from both parties are urging the U.S. Supreme Court to keep in place the Federal Communications Commission's system of raising funds from telecom providers to pay for connectivity around the country.
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January 24, 2025
Dow Argues Tech Firm's IP Suit Over Software Is Time-Barred
The Dow Chemical Co. has urged an Ohio federal judge to rule in its favor in a dispute over proprietary polyethylene manufacturing software, arguing that ControlSoft Inc.'s suit ignores their more than 20-year business relationship and that the technology firm waited too long to bring trade secrets and copyright infringement claims.
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January 24, 2025
Capital One Named In Action Over Early-Year Service Outage
Capital One has been hit with a proposed class action in Virginia federal court focused on a January service disruption that allegedly left consumers locked out of its systems.
Expert Analysis
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Fed. Circ. Ruling May Signal Software Patent Landscape Shift
The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.
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How 2 Proposed Bills Could Transform Patent Law
The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Budding Lessons From Landmark Plant Seed Patent Battle
The Corteva v. Inari case involving intellectual property rights in genetically modified plants is now proceeding through discovery and potentially to trial, and will raise critical questions that could have a major impact on the agriculture technology industry, say Tate Tischner and Andrew Zappia at Troutman Pepper.
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GAO Decision Offers Insights On Verifying TAA Compliance
The U.S. Government Accountability Office's August decision in Matter of: HPI Federal LLC serves as a reminder of the importance of verifying Trade Agreements Act compliance — and of understanding the parameters of an agency's acceptance of an offeror's TAA representation, say Amy Hoang and Sarah Barney at Seyfarth.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Unpacking State AG Approaches To Digital Asset Enforcement
Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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Opinion
Bring Back Patent Models To Shut Down The Patent Trolls
By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.
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Peeling Back The Layers Of SEC's Equity Trading Reforms
The U.S. Securities and Exchange Commission's recently adopted amendments lowering the tick sizes for stock trading and reducing access fee caps will benefit investors and necessitate broad systems changes — if they can first survive judicial challenges, say attorneys at Sidley.
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Strategies To Avoid Patent Issues In AI Drug Discovery
Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.