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Technology
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June 21, 2024
Intel Investor Says Top Brass Hid Foundry Losses, Problems
Intel Corp. executives were hit with a shareholder derivative complaint alleging they misled investors as to the actual success of the company's newly created Foundry Services division, according to the suit filed Friday in Delaware federal court.
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June 21, 2024
Live Nation Investor Sues Leaders Over DOJ Antitrust Claims
Live Nation's executives and directors were hit with a shareholder derivative lawsuit Friday in California federal court that seeks damages in the wake of the U.S. Department of Justice's allegations that the company monopolized concert promotion and ticket sales following its 2010 merger with Ticketmaster.
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June 21, 2024
Crypto Vet With FTX Ties Launches Fintech Policy Think Tank
Former congressional hopeful and cryptocurrency veteran Michelle Bond announced her formation of fintech policy think tank Digital Future, making a return to financial services policy after the recent sentencing of her partner, former FTX executive Ryan Salame, and FTX-linked donations to her 2022 campaign.
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June 21, 2024
SC Agency Asks 4th Circ. To Rethink Google Ad Subpoena
South Carolina's parks and tourism department wants the Fourth Circuit to reconsider its order mandating the agency turn over documents about its own online advertising efforts to Google to aid the tech behemoth in a fight against several states accusing it of monopolization.
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June 21, 2024
Ex-Trump Aide Must Face Hunter Biden's Data Hack Suit
A California federal judge has refused to toss Hunter Biden's lawsuit accusing a former Trump White House aide of obtaining and publishing emails and photos purportedly taken from his laptop, finding Biden sufficiently alleged the aide illegally accessed a "protected computer" defined under the Computer Fraud and Abuse Act.
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June 21, 2024
Watchdog Backs NASA's Move To Cut Bid For $2B Deal
A federal watchdog rejected a Science Applications International Corp.'s efforts to rejoin competition for a $2 billion National Aeronautics and Space Administration deal, saying in a decision released Friday that NASA sufficiently explained why it found SAIC's bid noncompetitive.
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June 21, 2024
Texas Fines Major Carriers $10.2M For Deceptive Advertising
Some of the nation's biggest mobile carriers — including AT&T, T-Mobile and Verizon — have inked a $10 million deal with Texas to end the state's probe into what the Lonestar State says are the carriers' "deceptive and misleading" advertising practices.
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June 21, 2024
In Ruling By Albright, Fed. Circ. Revives Apple Patent Review
The Federal Circuit on Friday vacated a Patent Trial and Appeal Board ruling that Apple failed to prove the invalidity of several claims of an Omni MedSci Inc. heart rate monitor patent, in the first decision by the appeals court authored by U.S. District Judge Alan Albright of the Western District of Texas.
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June 21, 2024
Meta's Child Porn Defense 'Disingenuous,' MDL Judge Says
A California federal judge appeared skeptical Friday of Meta's bid to cut child pornography possession allegations from sprawling multidistrict litigation over social media platforms' allegedly addictive designs, telling defense counsel that Meta's claim it didn't know about the illegal content on its platforms is "a bit disingenuous."
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June 21, 2024
Treasury Unveils Rules Curtailing Outbound Tech Investments
The U.S. Department of the Treasury on Friday proposed rules to implement President Joe Biden's executive order aimed at restricting American investments in certain technologies that China is developing, including artificial intelligence systems, that are deemed threats to national security.
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June 21, 2024
Fed. Circ. Backs DraftKings, FanDuel Alice Win Over GPS IP
A New Jersey federal judge rightly dismissed Beteiro LLC's infringement suits against DraftKings, FanDuel and other gaming companies after finding its GPS patents can't meet patentability requirements, the Federal Circuit held Friday.
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June 21, 2024
Judge OKs Parents' Lawsuit Against Google For Tracking Kids
A California federal judge is letting a group of anonymous minors proceed with a proposed class action accusing Google of surreptitiously tracking the children's web activity to let marketers target them with behavioral advertising, all without parental consent.
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June 21, 2024
DOJ Backs Antitrust Case Against Zillow, Realtors At 9th Circ.
The U.S. Department of Justice has urged the Ninth Circuit to revive antitrust claims from a defunct brokerage platform against Zillow and the National Association of Realtors based on design changes Zillow made to comply with association rules.
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June 21, 2024
4th Circ. Revives TCPA Suit Over Fax Promoting Free Webinar
A chiropractic office in Ohio on Friday succeeded in reviving its putative class action against a healthcare technology company accused of sending junk faxes, with the Fourth Circuit finding the communication counts as an unsolicited advertisement under the Telephone Consumer Protection Act.
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June 21, 2024
DC Better Match For Net Neutrality Suits, 6th Circ. Told
A public interest group urged the Sixth Circuit to move lawsuits over the Federal Communications Commission's net neutrality rules to the D.C. Circuit, saying the lottery that put the cases in Cincinnati was not enacted to keep litigation out of D.C.
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June 21, 2024
'Unexplained' Census Bureau Contract Cancellation Reversed
The U.S. Census Bureau failed to properly explain why it canceled a contract award to an information technology firm after two of the company's competitors challenged the award, a federal claims court judge has determined.
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June 21, 2024
Zoom Latest Tech Giant Accused Of Infringing NM Co.'s Patent
A New Mexico company has hit videoconferencing behemoth Zoom with a patent suit in Colorado federal court, alleging that Zoom is knowingly infringing a patent for identifying voices across multiple telephone networks.
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June 21, 2024
Off The Bench: ACC-FSU Rematch, Supreme Win For Fla. Tribe
In this week's Off The Bench, the next round of venue tug-of-war begins between the Atlantic Coast Conference and Florida State University, the U.S. Supreme Court hands Florida and the Seminole Tribe a lucrative gaming win, and Roger Goodell and Jerry Jones defend the NFL's handling of its Sunday Ticket package.
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June 21, 2024
8 Firms To Lead 4 IPOs Totaling $806M As Action Heats Up
Eight law firms are slated to guide four initial public offerings estimated to raise a combined $806 million during the week of June 24, potentially closing a slow month for new listings with a bang.
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June 21, 2024
4 From Cybercrime Group Charged In $71M Hacking Scheme
Four members of the international cybercrime group known as FIN9 have been charged for their roles in hacking companies' computer networks and stealing more than $71 million through nonpublic information, employee benefits and other funds, Philip R. Sellinger, an attorney for the District of New Jersey, has announced.
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June 21, 2024
Rip And Replace 'Ruinous' Without Fed Funds, Carriers Say
A rural telecoms trade group is warning the Federal Communications Commission of potentially "ruinous" financial predicaments for small carriers if the "rip and replace" program targeting Chinese-made telecommunications equipment isn't fully funded soon, saying in a new filing that carriers are considering reducing service because of the lack of funding.
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June 21, 2024
Paul Hastings Bankruptcy Ace Joins Greenberg Traurig
Greenberg Traurig LLP added a Houston-based veteran bankruptcy attorney from Paul Hastings as a new shareholder.
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June 21, 2024
Ex-Cognizant Execs Keep Pushing For Debevoise Testimony
Former Cognizant Technology Solutions executives have pushed back on Debevoise & Plimpton LLP's bid to quash a subpoena seeking testimony from a firm partner for their upcoming bribery trial in New Jersey federal court, saying that the testimony would be relevant and that any potential privilege arguments have already been waived.
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June 21, 2024
3 Firms Build $540M Take-Private Sale Of Healthcare Data Biz
Digital health company Sharecare Inc. on Friday announced that it has agreed to be bought by healthcare-focused private equity firm Altaris LLC in a $540 million take-private deal built by three law firms.
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June 21, 2024
Sens. Introduce 'Complementary' Bill To TikTok Ban
A bipartisan bill introduced Thursday would require websites and apps to disclose to their users if they are owned wholly or partially by China, North Korea, Russia or Iran or if data collected through those sites or apps is accessible to those countries.
Expert Analysis
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Untangling The Legal Complexities Of Trade Secrets And AI
With broad adoption of generative artificial intelligence, some have suggested trade secret law is the best means for protecting innovations, but while this protection may apply to all forms of information, the breadth of coverage may make identifying the information and later misappropriation difficult, say Joshua Lerner and Nora Passamaneck at WilmerHale.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Examining The Arbitration Clause Landscape Amid Risks
Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.
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How Activision Ruling Favors M&A Formalities Over Practice
The Delaware Chancery Court’s recent nod to a proposed class action, alleging shareholder notice violations in Activision Blizzard’s sale to Microsoft, puts practitioners on notice that customary merger and acquisition market practices do not offer protection from potential liability, say John Stigi and Eugene Choi at Sheppard Mullin.
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Past CCPA Enforcement Sets Path For Compliance Efforts
The California Privacy Protection Agency and the California Attorney General's Office haven't skipped a beat in investigating potential noncompliance with the California Consumer Privacy Act, and six broad issues will continue to dominate the enforcement landscape and inform compliance strategy, say attorneys at Reed Smith.
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How Policymakers Can Preserve The Promise Of Global Trade
Global trade faces increasing challenges but could experience a resurgence if long-held approaches adjust and the U.S. accounts for factors that undermine free trade's continuing viability, such as regional trading blocs and the increasing speed of technological advancement, says David Jividen at White & Case.
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10 Areas To Watch In Aerospace And Defense Contracting Law
The near future holds a number of key areas to watch in aerospace and defense contracting law, ranging from dramatic developments in the space industry to recent National Defense Authorization Act updates, which are focused on U.S. leadership in emerging technologies, say Joseph Berger and Chip Purcell at Thompson Hine.
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Opinion
Proposed MDL Management Rule Needs Refining
Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.
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Meta Data Scraping Case Has Lessons For Platforms, AI Cos.
The California federal court ruling that artificial intelligence company Bright Data's scraping of public data from Meta social media sites does not constitute a breach of contract signals that platforms should review their terms of service and AI companies could face broad implications for their training of algorithms, say attorneys at Arnold & Porter.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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How Harsher Penalties For AI Crimes May Work In Practice
With recent pronouncements from the U.S. Department of Justice that prosecutors may seek sentencing enhancements for crimes committed using artificial intelligence, defense counsel should understand how the sentencing guidelines and statutory factors will come into play, says Jennie VonCannon at Crowell & Moring.
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2nd Circ.'s Binance Locus Test Adds Risk For Blockchain Cos.
The Second Circuit’s recent use of the irrevocable liability test to rule a class action may proceed against decentralized crypto exchange Binance heightens the possibility that other blockchain-based businesses with domestic customers and digital infrastructure will find themselves subject to U.S. securities laws, say attorneys at Holland & Knight.
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AI In Performance Management: Mitigating Employer Risk
Companies are increasingly turning to artificial intelligence tools in performance management, exposing organizations to significant risks, which they can manage through employee training, bias assessments, and comprehensive policies and procedures related to the new technology, say Gregory Brown and Cindy Huang at Jackson Lewis.
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Legal Issues When Training AI On Previously Collected Data
Following the Federal Trade Commission's recent guidance about the use of customer data to train artificial intelligence models, companies should carefully think through their terms of service and privacy policies and be cautious when changing them to permit new uses of previously collected data, says James Gatto at Sheppard Mullin.
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Document Retention Best Practices To Lower Litigation Risks
As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.