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August 27, 2024
Google Wants Out Of IP Suit Over Pirated Books
Google asked a Manhattan federal judge to dismiss allegations that it allowed advertisements to be shown to users from websites that sell pirated textbooks, claiming it has no ability to supervise those sites and isn't profiting from alleged pirating.
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August 27, 2024
Sony, Zee Drop Dispute Over Failed $10B India Media Deal
Zee Entertainment and Sony Group's India unit have reached a noncash settlement to end their dispute over the $10 billion merger deal that unraveled earlier this year, with the companies stating Tuesday they will withdraw all legal claims against each other.
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August 27, 2024
US Arrests Hungarian Suspected Of Sending Radios To Russia
The U.S. Department of Justice announced criminal charges against a Hungarian national suspected to have run a multinational procurement network designed to help Russia obtain U.S. military-grade communications technology.
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August 27, 2024
Va. Ad Tech Judge Warns Google Over Chat Deletion
Google's defense of its advertising technology could get a little harder after a Virginia federal judge on Tuesday kept the door open to assuming that deleted internal chats hid evidence that would support U.S. Department of Justice monopolization claims bound for a bench trial next month.
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August 27, 2024
Top Gov't Contract Cases Of 2024: Midyear Report
Courts and appeals boards have decided several consequential cases impacting government contractors this year, including determining whether software end-user licenses are procurement contracts and weighing in on when companies can protest alleged violations of a federal preference for commercial items. Here, Law360 looks back at the top government contracts-related rulings in 2024 so far.
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August 26, 2024
Uber Hit With €290M Dutch Fine For EU Data Transfers To US
The Netherlands' data protection authority has fined Uber €290 million ($324 million) on allegations it failed to use a valid mechanism for sending European drivers' personal data to the U.S. for more than two years, a penalty that the ride-sharing provider has vowed to appeal.
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August 26, 2024
$4.4M Award Against Cheat Code Site Upheld At 9th Circ.
A website that circulated cheat codes for the video game "Destiny 2" failed to convince the Ninth Circuit on Monday that it got an unfair shake in front of an arbitrator who told the site to pay $4.4 million for breaking copyright and trademark laws.
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August 26, 2024
Samsung Urges Toss Of Netlist Contract Win Over Juror's Lies
Samsung urged a California federal judge Monday to throw out a jury's verdict that it breached a contract with chipmaker Netlist by cutting off its supply of crucial memory products, arguing a new trial is required because one juror failed to disclose crucial information during the jury selection process.
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August 26, 2024
RFK Jr. Loses Bid To Get Vax Censorship Injunction At 9th Circ.
The Ninth Circuit on Monday affirmed a decision rejecting Robert F. Kennedy Jr.'s bid to get an injunction in his case alleging Google violated his First Amendment rights by removing his YouTube videos doubting the safety of the COVID-19 vaccines.
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August 26, 2024
Zillow Investors Gain Class Cert. In Suit Over Home-Flipping
A Washington federal judge has certified a proposed class of investors suing Zillow, alleging they were misled about the performance of the real estate marketplace's home-flipping program, and has appointed two firms as lead and local counsel.
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August 26, 2024
Care.com To Pay $8.5M To Settle FTC's Deception Claims
Caregiver job website Care.com has agreed to shell out $8.5 million in refunds to put to rest allegations it misled caregivers about wages and job availability and also made it difficult for families to cancel paid memberships, the U.S. Federal Trade Commission announced Monday.
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August 26, 2024
Printing Biz Can't Undo Invalidity Findings Despite Settlement
A California federal judge says that he won't rethink a jury's conclusion earlier this year that claims in two patents covering a way of coating printer paper were invalid, even if the French printing company that owns them decided to settle with an accused infringer after losing at trial.
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August 26, 2024
Firm Wants Award Nixed Over DLA Piper, Arbitrator Ties
Fortis Advisors is urging a Delaware court to vacate an arbitral award favoring gaming company Stillfront following its 2019 purchase of a Canadian video game company, arguing that an accounting firm hired to adjudicate the dispute and Stillfront's counsel at DLA Piper hid a "web of relationships" between them.
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August 26, 2024
BNY To Pay $5M CFTC Fine Over Swap Reporting Issues
The Commodity Futures Trading Commission and the Bank of New York Mellon reached a $5 million deal on Monday to resolve claims that the bank repeatedly failed to correctly report millions of swap transactions to a registered swap data repository and failed to properly supervise its swap dealer business.
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August 26, 2024
AT&T To Pay $950K To Settle With FCC Over 911 Outage
AT&T has agreed to pay $950,000 to end an enforcement action stemming from an August 2023 outage that affected 911 calls in parts of four states, the Federal Communications Commission said Monday.
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August 26, 2024
Former Google Execs Fight Ad Tech Trial Subpoenas
Former Google vice presidents and other company managers have filed a series of motions asking a Virginia federal judge to block U.S. Department of Justice subpoenas trying to force their testimony at next month's advertising technology monopolization trial, arguing their live participation is unneeded and improperly demanded.
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August 26, 2024
Motorola Says Hytera Owes $58M For Radio Royalty Contempt
Motorola Solutions told an Illinois federal judge Monday that Chinese rival Hytera Communications owes more than $58 million in royalties for a mobile radio it purportedly redesigned after a jury found it misappropriated trade secrets, asserting the radio's retooled source code is still improperly based on the same protected architecture.
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August 26, 2024
SEC Claims Crypto Bros. Raised Millions With Lies
The SEC on Monday filed suit against two brothers in Georgia federal court, claiming they ran a Ponzi scheme under the guise of a crypto asset lending pool and misspent millions of dollars of investors' money, including on vehicle purchases and a penthouse condo in Miami.
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August 26, 2024
Cruz Accuses FCC Subsidies Of 'Burning Through Cash'
Sen. Ted Cruz is pointing toward a new U.S. Government Accountability Office report that he says backs up his contention that the Federal Communications Commission's Universal Service Fund is "burning through cash with only minimal government oversight of its budget."
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August 26, 2024
Semiconductor Co. Overstated Recovery, Investors Say
Semiconductor manufacturer STMicroelectronics did not have the visibility it claimed to have to predict future growth in its core segments, leading it to make several false representations to shareholders, according to two investor suits filed in New York federal court.
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August 26, 2024
Restaurants Seek Grubhub's Revenue, Staff Info For TM Suit
Restaurants pursuing a proposed class action against Grubhub Inc. for alleged trademark infringement have urged an Illinois federal court to order the food-delivery platform to comply with discovery requests, including information about orders and revenue from establishments that never agreed to partner with Grubhub.
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August 26, 2024
Ex-FCC Republican Urges 6th Circ. To Tank Net Neutrality
A former Republican on the Federal Communications Commission who helped overturn net neutrality rules when the agency leadership was in GOP hands has pressed the Sixth Circuit to snuff out the Democratic FCC's effort to revive the policy.
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August 26, 2024
Kyocera's Gross-Up Doesn't Grant $143M Tax Break, US Says
Electronics maker Kyocera cannot be allowed to take a $143 million tax deduction for distributions received under a 2017 tax law based on a separate statute's gross-up for paid foreign tax credits, the government told a South Carolina federal court.
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August 26, 2024
Siemens Misused 401(k) Plan Funds, ERISA Class Claim Says
The global technology and manufacturing giant Siemens Corp. wrongfully used forfeited 401(k) retirement plan assets to reduce the company's contributions instead of using the money to pay plan expenses, according to a proposed class action filed Friday in New Jersey federal court.
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August 26, 2024
Citizenship Error Can't Bar Labor Certification, Board Says
A marketing software company that misidentified a prospective Turkish employee as American on its labor certification application can refile the request, after a U.S. Department of Labor appeals panel found that DOL applications cannot be denied based on immigration status.
Expert Analysis
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What FCA Cases May Look Like In The Age Of Generative AI
Generative artificial intelligence raises unique considerations both in the context of potentially leading to False Claims Act cases and in the discovery and litigation phases of these lawsuits, says attorney Rachel Rose.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Remedy May Be Google's Biggest Hurdle Yet In Antitrust Case
There are difficulties ahead in the remedies phase of the antitrust case against Google in District of Columbia federal court, including the search engine giant's scale advantage and the fast-moving nature of the tech industry, setting the stage for the most challenging of the proceedings so far, says Jonathan Rubin at MoginRubin.
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3 Ways To Limit Risks Of Black-Box AI In Financial Services
As regulators increasingly highlight the potential for artificial intelligence to make unfair consumer credit decisions, and require financial institutions to explain how these so-called black-box algorithms arrive at conclusions, companies should consider three key questions to reduce their regulatory risks from these tools, say Jeffrey Naimon and Caroline Stapleton at Orrick.
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Takeaways From EU's 'Pay Or Consent' Advertising Probe
Anne-Gabrielle Haie and Charles Whiddington at Steptoe examine key points from the European Commission's recent investigation into Big Tech's use of "pay or consent" advertising models, as well as the European Data Protection Board’s opinion on how such models can comply with EU competition and data protection laws.
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Energy And AI: Key Issues And Future Challenges
Artificial intelligence promises new technical advantages for the energy industry, but it is also responsible for vast, and growing, energy consumption — so the future of AI and energy will require balancing technological advancement with regulatory oversight, environmental responsibility and infrastructure development, say attorneys at Morgan Lewis.
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Tips For Revamping Patent Portfolio Strategy In AI Deal Era
Recent data suggests patents are significantly enhancing exit valuations, particularly with cutting-edge technologies like those powered by artificial intelligence, but it is necessary to do more than simply align patent strategy with business goals, says Keegan Caldwell at Caldwell Law.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opting In To CIPA Risk Mitigation After New Precedent
A recent California federal court decision, adopting a new, broad interpretation of the California Invasion of Privacy Act, will likely increase the volume of CIPA claims and should prompt businesses to undertake certain preventative measures, including adopting an opt-in approach to using third-party website advertising technologies, say attorneys at Thompson Hine.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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What 7th Circ. Samsung Decision Means For Mass Arbitration
The Seventh Circuit's recent decision in Wallrich v. Samsung highlights the dilemma faced by mass arbitration filers in the face of nonpayment of arbitration fees by the defending party — but also suggests that there are risks for defendants in pursuing such a strategy, says Daniel Campbell at McDermott.
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Takeaways From Virginia's $2B Trade Secrets Verdict Reversal
The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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FTC Drives Crackdown On Connected Cars' Data Privacy Risk
After the Federal Trade Commission's warning to automakers about data privacy, which continues to emerge as a national concern, automakers must carefully examine their data collection, use and retention practices, say Catherine Castaldo and Michael Rubayo at Reed Smith.