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Technology
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August 14, 2024
Chancery Says Unisys Must Advance Ex-Workers' Legal Fees
Pennsylvania information technology company Unisys Corp. must front the legal fees and expenses for two executives it hired away from French competitor Atos SE and then sued for trade secret infringement after they went back to Atos two years later, Delaware's Court of Chancery has ruled.
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August 13, 2024
Ex-GM Worker Gets 2 Years For Seeking Bribe In $100M Deal
A former General Motors Co. commodity manager was sentenced to two years behind bars Tuesday for soliciting a $5 million cash bribe from an auto parts supplier in return for ensuring it secured a $100 million contract, the U.S. Department of Justice said.
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August 13, 2024
Calif. Bar Officially Inks $8M Deal With Kaplan For New Exam
The State Bar of California has officially entered into an $8.25 million agreement with Kaplan Exam Services LLC to replace the National Conference of Bar Examiners' exam after four decades of using the NCBE's Multistate Bar Examination, according to an announcement made Tuesday.
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August 13, 2024
Beef With OpenAI's CEO Irrelevant To TM Suit, Judge Says
A California federal judge appeared open Tuesday to trimming counterclaims filed by a man accused by OpenAI of preventing the ChatGPT-maker from registering its name as a trademark, criticizing the allegations for being too generalized and driven by irrelevant "disgruntlement" against OpenAI CEO Sam Altman.
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August 13, 2024
Atlassian Again Beats Investor Suit Over Software Co.'s Slump
Investors in software company Atlassian Corp. haven't shored up claims that the company hid a slowdown in a key growth metric before a 2022 earnings miss, a San Francisco federal judge has decided, dismissing a proposed class action but giving plaintiffs one more shot at their claims.
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August 13, 2024
Texas Judge Exits X's 'Boycott' Suit Against Ads Group, Unilever
A Texas federal judge overseeing litigation filed by Elon Musk's X Corp. accusing the World Federation of Advertisers, Unilever and others of conspiring to withhold advertising revenue from the company recused himself from the case Tuesday, following news reports that he owns stock in Tesla, another Musk-owned company.
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August 13, 2024
Take Me Out Of WDTX, Tech Supplier Cries
A Chicago tech manufacturer says LinkedIn profiles aren't enough to keep it from getting away from the Western District of Texas' U.S. District Judge Alan Albright in a patent case involving microchip patents brought by an ex-Microsoft executive's private equity-funded patent litigation outfit.
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August 13, 2024
Stratasys Accuses Bambu Lab Of Infringing 3D Printing IP
American-Israeli 3D printing company Stratasys filed a pair of infringement cases in Texas federal court against a group of Chinese-based entities, accusing them of designing, making and selling Bambu Lab-branded printers that copy several of its patents.
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August 13, 2024
Intuit Can't Escape Ex-Employee's 401(k) Forfeiture Suit
A California federal judge has rejected Intuit's bid to toss a former employee's proposed class action claiming the company improperly used money from forfeited, nonvested accounts to reduce its own 401(k) matching contributions, but the judge trimmed claims the plaintiff agreed to drop related to the plan's administrative committee.
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August 13, 2024
Nvidia Urges High Court To Rein In 'Abusive' Investor Suits
Chip manufacturer Nvidia Corp. filed its opening salvo Tuesday in a bid for U.S. Supreme Court victory over investors who accuse the company of downplaying its reliance on the crypto mining market, arguing that a lower court decision allowing the case to move forward "eviscerates the guardrails that Congress erected to protect the public from abusive securities litigation."
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August 13, 2024
Texas AG Targets General Motors Over Unlawful Data Sales
Texas' attorney general has escalated his probe into data privacy practices at connected car manufacturers, hitting General Motors with a lawsuit in state court Tuesday accusing the automaker of unlawfully gathering and selling drivers' private data — which would then be resold to insurance companies — without permission.
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August 13, 2024
Google Says Search Ruling Irrelevant To Common Carrier Suit
A recent ruling from a D.C. federal judge that declared Google a monopolist in the general search market has nothing to do with the Ohio attorney general's bid to designate the search engine as a common carrier, Google told an Ohio state court judge.
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August 13, 2024
Wisconsin Bell Tells Justices FCA Doesn't Apply To E-Rate
AT&T subsidiary Wisconsin Bell Inc. told the U.S. Supreme Court on Tuesday that applying the False Claims Act to fraudulent E-rate program reimbursements means turning the "heavy artillery of the administrative state" onto private transactions.
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August 13, 2024
Tesla, Stockholder Feud In Del. Over Texas Move's Validity
Tesla inc. has fired a Delaware Court of Chancery broadside at a stockholder claim that the company failed to collect a required two-thirds majority vote to convert from a Delaware to a Texas-chartered company, saying the supermajority applies to charter changes rather than Tesla's corporate "redomestication."
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August 13, 2024
Miss. Stations Could Lose FCC Licenses For Unpaid Fees
The Federal Communications Commission on Tuesday warned the licensee of two radio stations in Mississippi that they could lose their licenses if thousands of dollars in regulatory fees stretching back more than a decade remain unpaid.
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August 13, 2024
Gene Tech Co. Execs Pilfered Biz Amid Collapse, Suit Says
The senior lender to Sequencing Health Inc. has sued former officers and directors of the now-defunct genomic science company, alleging they squandered the company's assets, awarded themselves big bonuses and shut down the business, costing Oxford tens of millions of dollars in losses.
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August 13, 2024
DOJ Gets Crash Course In AI As Attys Brace For Crackdown
The U.S. Department of Justice is working to keep pace with the swift rise of the tools known as artificial intelligence, investigating potential fraud as its Criminal Division learns the nuances of the technology — an unsettling dynamic for some defense lawyers.
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August 13, 2024
2nd Circ. Rewinds Tinder's 'Super Like' Theft Coverage Suit
A Second Circuit appeals court panel asked a lower court Tuesday to reconsider whether Tinder owner Match Group notified its insurer in time to cover underlying claims by a product developer who said he wasn't paid for inventing the app's "Super Like" function.
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August 13, 2024
Google, Twitter Get Wins Upheld In Targeted Ad Patent Suits
A Federal Circuit panel on Tuesday summarily affirmed Twitter and Google's wins before the U.S. Patent Trial and Appeal Board in a matter concerning targeting advertising software patents, upholding a decision that found the tech giants had shown enough evidence to render the patents at issue as obvious based on prior art.
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August 13, 2024
3D Printing Co. Investor Wants Merger With Israeli Co. Blocked
An investor of 3D printing solutions company Desktop Metal Inc. is attempting to stop the company's proposed merger with Israeli manufacturing firm Nano Dimension Ltd., saying Desktop Metal's deficient proxy statement shows only benefits for the company's executives and directors.
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August 13, 2024
HP Inks Deal To End Claims Printer Update Locked Out Rivals
HP Inc. and a certified class of consumers told a California magistrate judge Monday that they have reached a settlement in principle to resolve a class action alleging the printer maker illegally forced customers to purchase overpriced HP-branded ink and toner supply cartridges by making alternative products incompatible with their printers.
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August 13, 2024
Congress Didn't Want Utility-Style Internet Regs, 6th Circ. Told
Internet service providers urged the Sixth Circuit to deep-six the Federal Communications Commission's recent decision to reclassify broadband as a telecommunications service and impose net neutrality rules, saying Congress never intended that change even under the broadest reading of federal law.
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August 13, 2024
Telecoms Fret Over FCC's Pole Attachment Deadlines
Negotiating big pole attachment orders can take longer than the Federal Communications Commission might sometimes like, a telecom industry trade group says, warning the agency that a regulation requiring the first of 3,000 such attachments to be ready in 45 days isn't realistic.
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August 13, 2024
Riders Renew Bid To Sue Segway Over Pa. Scooter Injuries
Two riders who were injured and the estate of a rider who was killed while using the now-defunct Spin electric scooter service in Pittsburgh have renewed their request to split their lawsuit against the city and Spin's bankrupt parent company so they can move ahead with claims against scooter maker Segway and the service's nonprofit partners.
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August 13, 2024
NY, NJ And Conn. Score $4.5M Penalty Over Enzo Data Breach
Molecular diagnostics company Enzo Biochem Inc. has agreed to pay a $4.5 million penalty after an investigation found that the company failed to implement recommended security protocols ahead of a data breach that affected millions of patients, New York's attorney general announced Tuesday.
Expert Analysis
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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.
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FDA's Data Monitoring Guidance Reveals Future Expectations
As the world of clinical research grows increasingly complex, the U.S. Food and Drug Administration's recent draft guidance on the use of data monitoring committees in clinical trials reveals how the agency expects such committees to develop, say Melissa Markey and Carolina Wirth at Hall Render.
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Unlocking Blockchain Opportunities Amid Legal Uncertainty
Dozens of laws and legal precedents will come into the fore as Web3, metaverse and non-fungible tokens gain momentum, so organizations need to design their programs with a broader view of potential exposures — and opportunities, say Teresa Goody Guillén and Robert Musiala at BakerHostetler and Steve McNew at FTI Consulting.
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What The NYSE Proposed Delisting Rule Could Mean For Cos.
The New York Stock Exchange's recently proposed rule would provide the exchange with discretionary authority to commence delisting proceedings for a company substantially shifting its primary business focus, raising concerns for NYSE-listed companies over the exact definition of the exchange's proposed "substantially different" standard, say attorneys at Winston & Strawn.
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Live Nation May Shake It Off In A Long Game With The DOJ
Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.
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How Act 126 Will Jump-Start Lithium Production In Louisiana
Louisiana's recent passage of Act 126, which helps create a legal and regulatory framework for lithium brine production and direct lithium extraction in the state, should help bolster the U.S. supply of this key mineral, and contribute to increased energy independence for the nation, say Marjorie McKeithen and Justin Marocco at Jones Walker.
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Debate Over CFPB Definition Of Credit Is Just Beginning
The Consumer Financial Protection Bureau has recently worked to expand the meaning of credit, so anyone operating on the edges of the credit markets, or even those who assumed they were safely outside the scope of this regulatory perimeter, should pay close attention as legal challenges to broad interpretations of the definition unfold, says John Coleman at Orrick.