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August 19, 2024
Crypto Owners Sue Binance Over Allegedly Lax Theft Controls
Three cryptocurrency owners claimed Friday that Binance and founder Changpeng Zhao enabled hackers and thieves to use the exchange to launder millions of dollars stolen from their accounts, activity they say hasn't stopped after the company's blockbluster guilty plea.
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August 19, 2024
Roku Takes Dispute Over ITC Powers To Supreme Court
Roku is telling the U.S. Supreme Court that the U.S. International Trade Commission doesn't have the power to ban the import of patent-infringing software if those patents only have a limited connection to products on sale in the market.
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August 19, 2024
NC Accelerator Claims It Was Duped Into Investment
A Charlotte, North Carolina, tech accelerator and its investment partner claim that a Denver-area man duped them into giving money for a worthless shell entity when they thought they were investing in a promising tech startup offering loan document management software.
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August 19, 2024
Retirees Ask 2nd Circ. To Reboot IBM Pension Fight
A proposed class of IBM retirees alleging the business lowballed their pension payments by using outdated mortality data to calculate benefits urged the Second Circuit to revive its suit, arguing a New York federal court wrongly determined its claims were brought too late.
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August 19, 2024
Net Neutrality Akin To Federal Law Rewrite, 6th Circ. Told
A pair of think tanks told the Sixth Circuit it should reject the Federal Communications Commission's net neutrality rules in part because the agency's decision to hold back its legal authority in some areas, like rate regulation, shows why the regime lacks statutory authority in the first place.
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August 19, 2024
AI Platform AMC Corp. To Go Public Via $175M SPAC Merger
Blank check company AlphaVest Acquisition Corp., advised by Winston & Strawn LLP, on Monday unveiled plans to merge with and take public native computer-vision artificial intelligence platform AMC Corp., led by Graubard Miller, in a $175 million deal.
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August 19, 2024
DOJ Waited Too Long On Chats Deletions, Google Says
Google urged a Virginia federal judge Friday to reject the Justice Department's request to sanction the search giant over a policy of deleting internal chats, arguing that the request came too late and that the government isn't missing any evidence for its advertising technology monopolization suit.
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August 19, 2024
Latham, Paul Weiss Guide AMD's $5B Buy Of ZT Systems
Latham & Watkins LLP is advising Advanced Micro Devices Inc., the semiconductor company known for its AMD computer processors, on an agreement to acquire Paul Weiss-led ZT Systems for $4.9 billion in cash and stock, according to a Monday statement.
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August 19, 2024
H&R Block's Case On In-House Judges' Role Is Paused
A Missouri federal judge who refused to halt Federal Trade Commission proceedings accusing H&R Block of deceptive advertising agreed to pause, while the company appeals her refusal, a district court case in which the company has argued that administrative judges should be booted from the proceedings.
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August 16, 2024
Fed. Circ. Quells Fears Over Double-Patenting Overreach
A recent Federal Circuit decision finding patent claims licensed by Allergan were not invalid for obviousness-type double patenting provided relief to attorneys who were concerned the court had made it easier to invalidate patents that had extended expiration dates to make up for regulatory delays.
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August 16, 2024
The Biggest Texas Rulings Of 2024: A Midyear Report
Texas has seen a bevy of major decisions, including a $1.4 billion settlement with Facebook over alleged biometric data collection, a ruling banning gender-affirming care for minors, and the conclusion of a long-running securities case against Attorney General Ken Paxton. Here's some of the biggest decisions so far this year.
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August 16, 2024
TikTok Nonusers Fight Uphill For 100M-Member Privacy Class
A California federal judge on Friday tentatively declined to certify a class of over 100 million nonusers of TikTok over allegations it illegally scraped their personal data from third-party websites, noting the "extraordinary" class size and questioning whether the plaintiffs have shown their injuries are typical of the proposed class.
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August 16, 2024
Discrimination Claim Row Becomes Party-Line FTC Slugfest
Federal Trade Commission Republicans used partial dissents Friday from the settlement of an agency junk fees enforcement action they otherwise supported to air a string of grievances with the FTC's Democratic majority and its "ongoing effort to unilaterally expand its own authority."
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August 16, 2024
CDK's $100M Deal Puts Auto Dealer Settlements Up To $130M
Car dealerships sought preliminary approval Friday for a $100 million class action settlement resolving claims that auto dealer data management software giant CDK Global anticompetitively locked out rival data companies, adding to the $29.5 million agreement reached previously in the sprawling litigation with CDK peer Reynolds and Reynolds.
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August 16, 2024
HP Moves Washington Pay Transparency Suit To US Court
HP has joined the list of major companies to be hit with proposed class claims for allegedly failing to include pay ranges in job postings, in violation of Washington state wage disclosure laws, according to a lawsuit moved to Seattle federal court on Thursday.
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August 16, 2024
Ex-Twitter Workers Seek Conditional Cert. In Age Bias Suit
Counsel for a former Twitter employee urged a California federal judge at a hearing Friday to conditionally certify a proposed age discrimination collective action on behalf of workers 50 and older who were fired after Elon Musk acquired the company, pointing to Musk's remarks as evidence of bias.
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August 16, 2024
Nikola, Romeo Power Targeted In Del. Derivative Complaint
A former Romeo Power Inc. stockholder has launched a double derivative suit seeking derivative damages from nine former Romeo directors and officers in part through derivative claims via Nikola Corp., which acquired Romeo in August 2022 for a fraction of the company's once $1 billion-plus valuation.
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August 16, 2024
Chinese Router Maker Must Be Looked Into, Reps. Say
A House committee that weighs potential dangers posed by the Chinese Communist Party is raising the alarm about the routers sold by a Chinese-owned company, saying the panel believes the devices could pose a risk to national security.
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August 16, 2024
Cisco Gets Another Shot At Sinking Network Security Patent
The Federal Circuit on Friday told the Patent Trial and Appeal Board to take another look at a ruling upholding language in a network security technology patent at the heart of Cisco Systems Inc.'s fight with a litigation outfit.
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August 16, 2024
Ex-Worker Says Toshiba Unit's Laxity Led To 3-Month Breach
A onetime employee of Toshiba America Business Solutions Inc., a U.S.-based subsidiary of Japanese electronics company Toshiba, has filed a proposed class action against his former employer claiming his personal information was stolen in a data breach made possible by the company's negligence.
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August 16, 2024
9th Circ. Keeps Part Of Block On Calif. Kids' Privacy Law
The Ninth Circuit on Friday refused to completely scrap an injunction halting a groundbreaking new California law requiring social media platforms to bolster privacy protections for children, finding that a tech trade group was "likely to succeed" on its argument that the mandate for companies to identify and address potential risks to minors violates the First Amendment.
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August 16, 2024
FCC Plans To Overhaul Citizens Broadband Radio Service
The Federal Communications Commission plans to give the Citizens Broadband Radio Service a makeover that it says will ensure better interference protections for both current and future users of the spectrum.
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August 16, 2024
Ex-Matterport Worker Sues In Del. Over 'Invalid' Trade Block
A shareholder of 3D spatial mapping company Matterport Inc. sued the California company in Delaware's Court of Chancery Friday, alleging that when it went public by merging with a special acquisition company in 2021, the company prevented him from trading his shares for six months through an "invalid transfer restriction."
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August 16, 2024
Apple Needs To Wait Its Turn In ITC, Masimo Tells Fed. Circ.
Apple wants to speed up its appeal over a U.S. International Trade Commission patent ruling that forced the company to disable an Apple Watch feature that measures the oxygen in blood, but both its courthouse rival and the agency itself say there's no compelling reason to cut in line.
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August 16, 2024
Mich. Judge Won't Raise $350K Award Against Ford To $15M
A Michigan federal judge refused to increase a California tech company's $350,000 jury award to $15 million in a dispute over Ford Motor Co.'s misuse of an interface module, finding that the parties' agreement to Ford's sales numbers at trial barred him from changing the jury's decision.
Expert Analysis
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M&A In The AI Era: Key Deal Terms To Watch
As the artificial intelligence market matures, so will due diligence needs, as M&A deals aimed at consolidation and new synergies raise unique legal and regulatory challenges, including potential antitrust and national security reviews, say attorneys at Skadden.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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FBI Raid Signals Growing Criminal Enforcement Of Algorithms
The U.S. Department of Justice Antitrust Division's increased willingness to pursue the use of algorithmic pricing as a potential criminal violation means that companies need to understand the software solutions they employ and stay abreast of antitrust best practices when contracting with providers, say attorneys at Rule Garza.
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Trending At The PTAB: Multiple Petitions In IPRs
Recent Patent Trial and Appeal Board decisions and a proposed rulemaking indicate the board’s intention to continue to take a tougher stance on multiple inter partes review petitions challenging the same patent, presenting key factors for petitioners to consider, like the necessity of parallel filings and serial petitions, say Yinan Liu and Cory Bell at Finnegan.
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Unpacking Pressures, Trends Affecting Global Supply Chains
A recent HSBC report reveals a number of trends and challenges for global supply chains in the current uncertain geopolitical landscape, and with constant emerging opportunities, companies that can stay informed, be proactive and adapt to change will be well positioned to succeed, says Michelle Craven-Faulkner at Shoosmiths.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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What UK Digital Markets Act Will Mean For Competition Law
The new Digital Markets Act’s reforms will strengthen the Competition and Markets Authority's investigatory and enforcement powers across its full remit of merger control and antitrust investigations, representing a seismic shift in the U.K. competition and consumer law landscape, say lawyers at Travers Smith.
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Series
After Chevron: FCC And Industry Must Prepare For Change
The Chevron doctrine was especially significant in the communications sector because of the indeterminacy of federal communications statutes, so the U.S. Supreme Court's overturning of the doctrine could have big implications for those regulated by the Federal Communications Commission, bringing both opportunities and risks for companies, say Thomas Johnson and Michael Showalter at Wiley.
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Dapper Settlement Offers Rules Of The Road For NFT Issuers
The terms of a $4 million settlement in a class action alleging that Dapper Labs sold its NBA Top Shot Moments as unregistered securities may be a model for third parties that wish to avoid securities liability in connection with offering digital asset non-fungible token collectibles, say attorneys at K&L Gates.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why High Court Social Media Ruling Will Be Hotly Debated
In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Series
After Chevron: Expect Limited Changes In USPTO Rulemaking
The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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USPTO Disclaimer Rule Would Complicate Patent Prosecution
The U.S. Patent and Trademark Office's proposed changes to terminal disclaimer practice could lead to a patent owner being unable to enforce a valid patent simply because it is indirectly tied to a patent in which a single claim is found anticipated or obvious in view of the prior art, say attorneys at Sterne Kessler.