Technology

  • October 10, 2024

    Social Media Apps Don't Need User Warnings, MDL Judge Told

    A lawyer for TikTok urged a California state judge on Thursday to cut failure-to-warn claims from multidistrict litigation over social media's alleged effects on youth mental health, saying this theory is akin to suing newspapers for "not including a warning that reading the news could put you in a bad mood."

  • October 10, 2024

    FCC Says Disabled Need More Access To Emergency Services

    The Federal Communications Commission still has work to do to make sure telecom services are accessible to people with disabilities, particularly those who are visually and hearing impaired, the agency revealed in a new report.

  • October 10, 2024

    FINRA Fines Citadel Securities, IMC Over Audit Trail Reporting

    Citadel Securities LLC and IMC Financial Markets agreed to fines of $1 million and $1.2 million, respectively, to settle allegations from the Financial Industry Regulatory Authority that they failed to accurately or timely report tens of billions of equity and option orders to the consolidated audit trail.

  • October 10, 2024

    Ousted Chair's Claims To Go Before Arbitrator, Judge Says

    A New York federal judge ruled that an arbitrator must decide whether the ousted former chairperson of software investment company The Resource Group International Ltd., who was forced to resign in late 2021 following a widely reported sexual harassment scandal, can pursue some of his claims in arbitration.

  • October 10, 2024

    OpenAI Calls Musk's Fraud, RICO Suit A Harassing Biz Move

    OpenAI asked a California federal judge to toss Elon Musk's claims that the artificial intelligence venture and its top brass engaged in fraud by deciding to make OpenAI a for-profit company, claiming Musk "has been trying to leverage the judicial system for an edge" since launching a competing AI company.

  • October 10, 2024

    Fed. Circ. Digs Into Patent Applications' Place In Prior Art

    A Federal Circuit panel struggled Thursday to work out whether published patent applications meet the requirements to serve as prior art, in order to evaluate whether the Patent Trial and Appeal Board rightfully invalidated claims of a Lynk Labs LED patent.

  • October 10, 2024

    IP Forecast: 5G Patent Case Spells Deja Vu For EDTX

    A patent suit against a Chinese phone company will go before a new federal jury in the Eastern District of Texas after the judge scrapped the original $10.6 million verdict against it as excessive. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.

  • October 10, 2024

    Chancery OKs $9.5M Deal For Katapult SPAC Challenge

    A $9.5 million deal settled a Delaware Court of Chancery stockholder suit Thursday seeking damages arising from a stock slump following the $883 million blank check company deal that took subprime consumer lender Katapult Holdings Inc. public in June 2021.

  • October 10, 2024

    Fed. Circ. Revives Software IP Case Against Salesforce

    The Federal Circuit on Thursday threw out a Nevada federal court's finding that Salesforce didn't infringe claims in a pair of patents for database software reprogramming and that the claims weren't valid to begin with, saying key language in the patents has to be looked at differently.

  • October 10, 2024

    Chef Hit With $4.5M Award For Defaming, Harassing Worker

    A Cook County, Illinois, jury has awarded a former employee of the now-shuttered Chicago restaurant Acadia $4.5 million in damages after he accused his ex-boss of targeting him through a systematic internet harassment campaign.

  • October 10, 2024

    NC AG Nominee Says Opponent Smeared His Lawyering

    U.S. Rep. Dan Bishop, the Republican nominee in North Carolina's attorney general race, has filed a defamation lawsuit against his Democratic opponent's campaign and a number of affiliated organizations, claiming the defendants defamed Bishop with a "push poll" suggesting he had represented clients accused of stealing from the elderly.

  • October 10, 2024

    Most Appian Claims Survive In Pegasystems Defamation Fight

    A Massachusetts federal judge has allowed most counterclaims from business software company Appian Corp. to proceed against rival Pegasystems Inc., which accused its competitor in a lawsuit of making deliberately malicious statements and representations regarding a trade secret case the parties are litigating in Virginia.

  • October 10, 2024

    GOP Rep. Pushes FCC To Act On 12 GHz Broadband Access

    An Oklahoma lawmaker has joined a chorus that has been calling for the Federal Communications Commission to open the lower 12 gigahertz spectrum band to two-way broadband fixed wireless access.

  • October 10, 2024

    Twitter Judge Seeks More Info On Cert. Bid In Layoff Fight

    A California federal judge declined to rule Thursday on a request to certify a class of 115 ex-Twitter workers who claim they were booted without proper notice after Elon Musk acquired the company, saying he wanted more information after learning that most signed arbitration agreements.

  • October 10, 2024

    Shield Satellite Radio From Interference, FCC Told

    Sirius XM told the Federal Communications Commission that continued attempts to open the 6 gigahertz band for low-power wireless devices could pose a threat to the satellite radio service's signals if strong protections are not put in place.

  • October 10, 2024

    FCC Chair Slams Trump's Demands To Pull CBS' License

    The head of the Federal Communications Commission on Thursday once again blasted Donald Trump for demanding the agency yank broadcast stations' licenses for political reasons, saying the former president's "familiar" attacks on free speech "should not be ignored."

  • October 10, 2024

    Biotech Co. Gritstone Hits Ch. 11 With Over $100M Debt

    Vaccine developer Gritstone bio Inc. filed for Chapter 11 protection in Delaware bankruptcy court Thursday with at least $100 million of debt, saying it was in discussions with a potential bidder for a sale of the business to ensure it can continue researching cancer and other disease treatments. 

  • October 10, 2024

    Bradley Adds Ex-AUSA As Finance, Gov't Enforcement Partner

    A former assistant U.S. attorney left the public sector after four years to join Bradley Arant Boult Cummings LLP's Birmingham, Alabama, office, this week.

  • October 10, 2024

    Ex-Defense CEO Pleads Guilty To $12M Contract Fund Theft

    The former CEO of a defense contractor has pled guilty to his role in a scheme to steal $12.1 million in payments from a U.S. Air Force autonomous technology contract to cover unrelated expenses, including executives' personal expenses.

  • October 09, 2024

    Kingston Paid Royalties For SPEX's Data Security IP, Jury Told

    The founder of Spyrus Inc., which assigned its data security patents to SPEX Technologies, Wednesday told California federal jurors in the infringement trial against Western Digital that Kingston Technology paid a royalty rate of $20 per flash drive sold to license the patent and never challenged its validity.

  • October 09, 2024

    Co-Ops Say FCC Should Use Meter Data For Broadband Maps

    The Federal Communications Commission ought to take advantage of the power meter data that electric cooperatives have access to when trying to find wrinkles or gaps in the agency's broadband maps, a group representing rural electric co-ops says.

  • October 09, 2024

    Uber Can't Claw Back Safety Update Doc In Sex Assault MDL

    A California federal magistrate judge ruled Tuesday that Uber can't claw back a "safety criteria" document it accidentally produced in multidistrict litigation accusing the transportation company of failing to prevent drivers from sexually assaulting passengers, saying the document wasn't privileged since it wasn't created for legal advice purposes.

  • October 09, 2024

    Amid Copyright Suit, Authors Guild Eyes Licensing To AI Cos.

    The rise of generative artificial intelligence has led to a tsunami of copyright lawsuits by authors alleging OpenAI and other tech companies are ripping off their works, but on Wednesday the nation's largest professional organization for writers announced a new plan of attack: Help writers license their works to AI companies.

  • October 09, 2024

    Google, Microsoft Want Docs Kept From Apple In DOJ Case

    Google and Microsoft were among a group of major corporations jumping in Tuesday to push for greater New York federal court safeguards of their sensitive business information as it's used in the Justice Department case accusing Apple of anticompetitively restricting app access to lock users into the iPhone.

  • October 09, 2024

    Chancery Keeps $5B Md. Data Center Project Fight In Del.

    A court battle over control and management of early work on a potential $5 billion data complex in western Maryland will remain in the First State despite a marginally earlier-filed suit in Texas' new business court, a Delaware vice chancellor ruled late Wednesday.

Expert Analysis

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    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.

  • USPTO Disclaimer Rule Would Complicate Patent Prosecution

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    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.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Anticipating Disputes In Small Biz Partnerships And LLCs

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    In light of persistently high failures of small business partnerships and limited liability companies, mediator Frank Burke discusses proactive strategies for protecting and defining business rights and responsibilities, as well as reactive measures for owners.

  • Fed. Circ. Percipient Gov't Contract Ruling Is Groundbreaking

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    The effects of the Federal Circuit's decision last month in Percipient.ai v. U.S. may be limited to commercial product and service suppliers, but it is significant for government procurement in opening the door to protests by suppliers who previously would have lacked standing and Court of Federal Claims jurisdiction, say attorneys at Haynes Boone.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • When Patents As Loan Collateral Can Cost You Standing

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    The Federal Circuit's recent decision in Intellectual Tech v. Zebra Technologies shines a light on loan default provisions' implications for patent infringement litigation, as a default may inadvertently strip a patent owner of constitutional standing to sue over a patent pledged as collateral, say Joseph Marinelli and Suet L. Lee at Irwin IP.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.

  • Series

    After Chevron: Expect Few Changes In ITC Rulemaking

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    The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.

  • 6 PTAB Events To Know From The Last 6 Months

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    The first half of 2024 brought a flurry of Patent Trial and Appeal Board developments that should be considered in post-grant strategies, including proposed rules on discretionary denial and director review, and the first decisions of the Delegated Rehearing Panel, say attorneys at Fish & Richardson.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • How Generative AI May Aid Merger Clearance Process

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    Generative artificial intelligence capable of analyzing and searching large datasets stands to revolutionize the merger clearance process, including by significantly reducing the time and effort required to respond to Hart-Scott-Rodino second requests, say Kenneth Koch and Brian Blush at BDO USA.

  • FTC Focus: Competition And The Right To Repair

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    If the Federal Trade Commission includes commercial and industrial products as part of copyright exemptions that allow consumers to modify or repair products, then businesses and affected rights holders will need to consider copyrights' impact on infringement issues, say attorneys at Proskauer.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

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