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Technology
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February 25, 2025
Judge Lets RJ Reynolds, Altria Seal Docs From Juul Deal
A federal judge in North Carolina on Tuesday granted requests by tobacco giant R.J. Reynolds Vapor Co. and rival Philip Morris' parent company to seal documents in their ongoing royalty dispute, keeping details of their licensing agreements with the vape brand JUUL confidential.
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February 25, 2025
5th Circ. Asks NLRB To Back Up Coercion Claim Against Apple
A Fifth Circuit panel asked the National Labor Relations Board to spell out how Apple Inc. was coercive to a worker during a unionization push in New York, pondering Tuesday whether affirming the board's finding would tamp down on the company's freedom of expression.
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February 25, 2025
'Colossal Neglect' Sinks Walter Reed Fraud Case, Judge Rules
A Maryland federal judge threw out criminal charges against the alleged mastermind of a more than $3 million healthcare fraud scheme targeting Walter Reed National Medical Center with a Tuesday ruling that ripped prosecutors for "colossal neglect" and "extraordinary, chronic and indefensible" delays in the case.
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February 25, 2025
FCC Probes IHeart Practices Amid Broadcast Payola Inquiry
The Federal Communications Commission's chief, who says he wants to crack down on payola practices, has launched a probe into whether iHeart is forcing musicians to accept cut-rate pay to entertain crowds at the company's upcoming Austin, Texas, event in return for more favorable airtime.
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February 25, 2025
Customers Say Doxim Breach Exposed Bank Data To Hackers
Credit union customers claim a data breach at software-as-a-service company Doxim Inc. caused their valuable personal information to be available for sale on the dark web and that they've spent time and money mitigating fraud risk, arguing Monday they have demonstrated sufficient harm to support their class action.
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February 25, 2025
FTC Pick Concerned But Won't 'Prejudge' Censorship Claims
Kressin Meador Powers LLC partner Mark Meador walked a fine line during his confirmation hearing Tuesday when asked for his views on GOP claims of censorship on online platforms, expressing an "overarching concern" about content moderation practices while nevertheless asserting he'll keep an open mind on specific allegations if confirmed as the Federal Trade Commission's newest Republican member.
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February 25, 2025
SEC's Small Biz Panel Seeks Relief For Venture Funds
A U.S. Securities and Exchange Commission advisory group is recommending the agency ease rules to allow qualifying venture funds to attract more investors without registering with the SEC, hoping to bolster capital available to small businesses.
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February 25, 2025
Former Banner Witcoff Name Partner Dies At 99
A retired name partner of intellectual property boutique Banner Witcoff has died at the age of 99, the firm announced Monday, saying he will be remembered as a pioneering IP attorney and a thoughtful colleague and mentor.
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February 25, 2025
Dental Co. Biolase Drills Down On Unopposed Ch. 11 Plan
A Delaware bankruptcy judge on Tuesday OK'd the Chapter 11 plan of dental technology maker Biolase Inc., which was fully consensual following changes to gain the approval of the U.S. Trustee and the official committee of unsecured creditors.
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February 25, 2025
FCC Hires US House Lawyer As Regulator's Deputy GC
The Federal Communications Commission on Tuesday named a top lawyer from the legislative branch as the agency's new deputy general counsel for litigation.
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February 25, 2025
IBM Gets UK Green Light On $6.4B HashiCorp Buy
The U.K. Competition and Markets Authority said Tuesday it has cleared IBM's planned $6.4 billion acquisition of HashiCorp Inc., but a review by U.S. authorities remains open after IBM's original anticipated close date for the transaction came and went.
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February 25, 2025
Kirkland-Led Thoma Bravo Snags €1.8B For 1st Europe Fund
Software-focused private equity shop Thoma Bravo, advised by Kirkland & Ellis LLP, on Tuesday announced that it closed its first European-focused fund after securing €1.8 billion ($1.89 billion) from investors.
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February 24, 2025
Apple Exec Had Doubts Over New App Store Fee Compliance
Apple fellow Phil Schiller testified Monday during a high-stakes compliance evidentiary hearing that he had initially been concerned that Apple's decision to implement a new 27% commission on purchases made outside Apple's App Store wouldn't comply with the court's 2021 anti-steering injunction in its yearslong antitrust fight with Epic Games.
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February 24, 2025
Patent Eligibility Appeals 'Will Not Go Away,' Justices Told
Another plea to hear a patent eligibility case has been lodged at the U.S. Supreme Court, this time in an amicus brief from the owner of two invalidated patents covering medical machinery that warned "the problem will not go away. The problem will get worse and worse."
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February 24, 2025
DC Judge Wary Of Constitutionality Of Musk's DOGE
A D.C. federal judge on Monday questioned the constitutionality of Elon Musk's Department of Government Efficiency while expressing skepticism that groups challenging the department's access to federal systems housing Americans' sensitive data had established the irreparable harm needed to block access.
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February 24, 2025
FCC Set To Change View On Online Platforms' Liability Shield
The Federal Communications Commission appears ready to make some changes to how it views the legal protections afforded to online platforms for content posted by their users.
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February 24, 2025
Weight-Loss Spa's 'Sauna Pod' Caused Severe Burns, Suit Says
A Pittsburgh-area woman claims that an infrared "sauna pod" at a weight-loss spa burned her, leaving permanent scarring and disfigurement, according to a lawsuit filed in Pennsylvania state court Monday that seeks to hold the Chinese manufacturer liable.
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February 24, 2025
Bezos Satellite Co. Seeks To Block His Paper In Docs Dispute
A satellite facility launched by Jeff Bezos' Amazon wants a preliminary injunction to partially block Washington state's labor department from releasing records to the Bezos-owned Washington Post, arguing that the photos and documents are exempt under the state's public records law because they would expose sensitive trade secrets.
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February 24, 2025
Charter Communications Keeps Trade Secrets Suit In Conn.
A Charter Communications Inc. trade secrets lawsuit against a former Colorado-based vice president will remain in Connecticut, a federal judge ruled from the bench on Monday, greenlighting the company's request for a preliminary injunction in its home state.
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February 24, 2025
DraftKings Rips 'Flawed' Privacy Suit Over Meta Tracking Pixel
DraftKings Inc. wants a New York federal judge to toss a "fundamentally flawed" suit that accuses the company of disclosing customer information to third parties for targeted advertising, arguing the plaintiff is attempting to expand the Video Privacy Protection Act beyond its intended purpose.
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February 24, 2025
Micron Faces Insider Trading Suit In New Court
A suit accusing Micron Technology Inc.'s brass of selling $70 million worth of stock just before the release of disappointing financial results has been refiled in an Idaho federal court, after an earlier iteration of the suit in a Florida federal court was voluntarily dismissed.
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February 24, 2025
Filmmaker Seeks New IP Trial Against Shyamalan, Others
A filmmaker has asked for a new copyright infringement trial against writer-director M. Night Shyamalan and his co-defendants Friday after a jury found that they did not have access to the film she claimed they infringed, arguing that the court failed to answer a crucial question from the jury before the verdict was delivered.
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February 24, 2025
Trump Media Seeks Shareholder Approval To Leave Delaware
The owner of Donald Trump's social media platform plans to hold a shareholder vote in April asking investors whether it should move its legal address to Florida, potentially joining a growing number of companies reincorporating outside of Delaware.
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February 24, 2025
Netflix Sinks Robocast Playlist Patents In Del. IP Suit
A Delaware federal judge has sided with Netflix's arguments that a trio of Robocast patents covering playlist technology are invalid.
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February 24, 2025
Moves To Change Del. Corporate Law Spark Pushback
A public opposition campaign complete with website and street signs has surfaced to oppose corporation and bar-backed legislation that would overhaul Delaware stockholder litigation rights and fee awards, intensifying an already unprecedented political fight that broke out last year over corporate governance concessions.
Expert Analysis
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What To Expect From The New FCC Chair
As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
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Defense Strategies For Politically Charged Prosecutions
Politically charged prosecutions have captured the headlines in recent years, providing lessons for defense counsel on how to navigate the distinct challenges, and seize the unique opportunities, such cases present, says Kenneth Notter at MoloLamken.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference
The U.S. Court of Appeals for the Eleventh Circuit recently came to the rescue of the lead generation industry, striking down new regulations that were set to go into effect on Jan. 27, a decision consistent with federal courts' recent willingness to review administrative decisions, say attorneys at Troutman.
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The Pros And Cons Of A 2nd Trump Term For UK Tech Sector
While U.S. President Donald Trump’s protectionist stance on trade could disrupt global supply chains on which many U.K. tech firms are reliant, anticipated deregulation could provide fertile ground for investment and growth, and the U.K. tech sector is bracing for a mix of opportunities, say lawyers at Shoosmiths.
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Employer Tips For Wise Use Of Workers' Biometrics And Tech
Excerpt from Practical Guidance
Employers that collect employee biometric data and operate bring-your-own-device policies, which respectively offer better corporate security and more flexibility for workers, should prioritize certain best practices to protect the privacy and rights of employees and safeguard sensitive internal information, says Douglas Yang at Sheppard Mullin.
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Expect To Feel Aftershocks Of Chopra's CFPB Shake-Up
Publications released by Consumer Financial Protection Bureau personnel in the last days of the Biden administration outline former Director Rohit Chopra's long-term vision for aggressive state-level enforcement of federal consumer financial laws, opening the doors for states to launch investigations and pursue actions, say attorneys at Hudson Cook.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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How Trump Orders Roll Back Energy Efficiency Mandates
President Donald Trump's first-day executive orders — including a freeze on administrative rules, an order to withdraw the U.S. from the Paris Agreement, and a directive to broaden consumers' appliance choices — have shifted federal policy on energy efficiency, and bring new considerations for companies engaging with the U.S. Department of Energy, say attorneys at HWG.
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What Financial Intermediaries Can Expect From New Admin
Understanding the current regulatory landscape of consumer financial services — and anticipating how it might evolve under Trump 2.0 — is essential for brokers, lead generators and digital platforms, and they should consider strategies for managing regulatory uncertainty, say attorneys at Sheppard Mullin.
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Expect Continued Antitrust Enforcement In Procurement
The scope of federal antitrust enforcement under the second Trump administration remains uncertain, but the Procurement Collusion Strike Force, which collaborates with federal and state agencies to enforce antitrust laws in the government procurement space, is likely to remain active — so contractors must stay vigilant, say attorneys at Ballard Spahr.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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What Banks Need To Know About Trump's Executive Orders
While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.
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CFPB's Message To States Takes On New Weight Under Trump
The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.