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Technology
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August 06, 2024
MoneyGram To Settle Fired Worker's FMLA Retaliation Suit
MoneyGram has agreed to settle a former employee's suit claiming she was fired for taking medical leave to treat a stomach illness, according to a Texas federal court filing.
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August 06, 2024
Solar Tech Co. SunPower Hits Ch. 11 With $2B Of Debt
Residential solar technology company SunPower Corporation filed for Chapter 11 protection in Delaware with more than $2 billion of funded debt obligations and plans for an asset sale.
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August 06, 2024
Paul Hastings Gains Tax Pro In Dallas From McDermott
Paul Hastings announced Tuesday that its meteoric growth in Texas is continuing with the addition of a partner in Dallas who strengthens its global tax practice and came aboard from McDermott Will & Emery LLP.
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August 05, 2024
Elon Musk Can't Beat Twitter Investors' Suit Over Bot Claim
A California federal judge on Monday denied Elon Musk's bid to escape a shareholder suit alleging he misled Twitter investors by claiming the company had to provide information on an alleged bot problem before he could move forward with his $44 billion acquisition, saying Musk leaned on already-rejected arguments.
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August 05, 2024
Chamber, Others Back 9th Circ. Ax Of Shopify Privacy Row
The U.S. Chamber of Commerce and several tech trade groups are among those pushing the full Ninth Circuit to affirm the toss of a proposed class action accusing Shopify of unlawfully collecting shoppers' sensitive information, arguing that overriding the decision would unfairly allow plaintiffs to sue online businesses in any court across the country.
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August 05, 2024
DOJ Wants Google Held Accountable For Deleted Chats
The U.S. Department of Justice has told the Virginia federal court overseeing the government's case accusing Google of monopolizing key digital advertising technology the company needs to be held accountable for implementing policies that destroyed evidence.
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August 05, 2024
No Atty Fees For Either Side After $8K Copyright Verdict
A Washington federal judge refused Monday to grant plaintiff Enterprise Management's request for over $920,000 in fees after winning an $8,000 copyright verdict, finding that although it was the prevailing party, it "filed meritless claims, knowingly pursued baseless claims, and sought settlement amounts that exceeded the value of this case."
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August 05, 2024
TikTok Tells DC Circ. That Feds Can't Keep Filings Secret
TikTok told the D.C. Circuit on Monday that the U.S. government shouldn't be allowed to conceal its court filings in litigation over a federal law that could ban the popular social media platform in the United States.
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August 05, 2024
EBay Resists Calif. Damages In Mass. Stalking Case
Married Massachusetts bloggers who were stalked and terrorized by eBay Inc. employees shouldn't be able to seek punitive damages available under California law while having Massachusetts law otherwise govern liability for their myriad civil claims, the e-commerce giant is arguing.
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August 05, 2024
Inari Agriculture Can't Sink Patent Case Over Corn Seed
A legal fight between a DowDuPont spinoff and a Massachusetts plant breeding startup over the exporting of patent-protected corn seed will continue to grow in Delaware federal court, unimpeded by DuPont researchers' decision to publicly deposit their seeds.
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August 05, 2024
DXC Investor's Suit Says Execs Overhyped Integration Efforts
A DXC Technology investor filed a proposed class action in Virginia federal court Friday alleging the information technology giant over-touted its "transformation journey" and efforts to reduce restructuring and integration costs after acquiring several companies that caused investors to buy DXC common stock at artificially inflated prices.
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August 05, 2024
Full Fed. Circ. Won't Eye Ruling Clarifying Foreign Damages
The full Federal Circuit declined Monday to review a decision that clarified how to apply a 2018 U.S. Supreme Court ruling on foreign damages in patent cases while rejecting Trading Technologies' bid to increase a $6.6 million verdict it won against IBG LLC.
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August 05, 2024
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates nearly 180 times in July on issues ranging from rural broadband to Wi-Fi hot spots for schools and libraries, new payment rates for phone call captioning, spectrum for the electric grid, and more.
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August 05, 2024
Pomerantz To Lead Suit Over Ad Tech Co.'s Microsoft Ties
Pomerantz LLP beat out several other firms on Monday to lead a proposed shareholder class action alleging that shares of ad tech company Perion Network declined nearly 40% after its strategic partner Microsoft Bing "unilaterally" changed its search advertising pricing.
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August 05, 2024
AT&T Chief Pushes FCC To Make FirstNet 4.9 GHz Manager
AT&T Inc. CEO John Stankey met with Federal Communications Commission members to lobby for the company's first responder network to lead the national public safety band, despite band users' concerns that AT&T could control the band for its own self-serving interests.
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August 05, 2024
SpaceX Asks 5th Circ. To Block Transfer Of NLRB Challenge
SpaceX asked the Fifth Circuit on Monday to step in after a Texas federal judge ordered its challenge to the constitutionality of the National Labor Relations Board transferred to California, saying the appeals court should either vacate the order or pause it until the court can rule on the company's injunction request.
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August 05, 2024
GOP Bill Would Claw Back Broadband Funds For Local Areas
When a company defaults on millions in Rural Digital Opportunity Fund money, those funds should go to the state to redistribute for broadband projects as it sees fit, according to a Republican senator who has introduced a bill that would do just that.
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August 05, 2024
Google, OpenAI Accused Of Using YouTube Videos To Train AI
A California man has hit Google and OpenAI with separate proposed class actions in federal court accusing the companies of unlawfully transcribing YouTube videos and using them to train their large language model artificial intelligence products without the permission of the people who uploaded those videos.
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August 05, 2024
Patreon To Pay $7.25M To End Subscribers' Video Privacy Suit
Patreon has agreed to pay $7.25 million to settle a proposed class action on behalf of 1.2 million users who claim the content subscription-based platform violated the Video Privacy Protection Act by sharing their video-watching data with Facebook-owner Meta Platforms Inc. without their consent, according to court documents filed Friday.
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August 05, 2024
Pegasystems Slams Appian's 'Animus' After $2B Verdict Axed
Business software maker Pegasystems says rival Appian's "animus" is behind a series of what it says are irrelevant, premature and burdensome discovery requests, after a Virginia appeals court vacated a $2 billion trade secrets judgment against Pegasystems.
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August 05, 2024
BIPA Reform Becomes Law, But Damages Concerns Persist
The Illinois Legislature heeded a call from the state's Supreme Court to shield business from potentially ruinous damages under the Illinois Biometric Information Privacy Act, but lawyers say the new protections can still leave large employers facing hefty verdicts.
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August 05, 2024
GM Slams Investors' Suit Alleging AV Tech Lapses
General Motors has asked a Michigan federal court to dismiss a proposed securities fraud class action alleging it downplayed safety concerns about its autonomous vehicle technology, arguing the investors have contorted definitions of safety terms to bolster the suit.
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August 05, 2024
CrowdStrike Slams Delta Over Outage Lawsuit Threats
CrowdStrike has fired back at Delta Air Lines' recent threat to haul the cybersecurity firm to court to recoup hundreds of millions in losses from last month's global IT outage, saying the airline refused CrowdStrike's offer for technical assistance, then botched its own operational recovery.
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August 05, 2024
Watchdog OKs Partial Fees To IT Firm Protesting $36M Deal
A federal watchdog called on the U.S. Department of Labor to cover most of an information technology firm's costs of protesting a $36 million support deal, saying the agency had wasted the company's resources by defending a flawed technical evaluation.
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August 05, 2024
Catching Up With Delaware's Chancery Court
Sunken treasure, rock band discord, a wrestling competition, and more news about Elon Musk — all in all, a colorful week in Delaware's Court of Chancery. The First State's famous court of equity also pushed forward on disputes involving a famous social media app, Delaware's largest hospital system, an artificial intelligence company and a budding commodity futures exchange.
Expert Analysis
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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.
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AI-Generated Soundalikes Pose Right Of Publicity Issues
Artificial intelligence voice generators have recently proliferated, allowing users to create new voices or manipulate existing vocals with no audio engineering expertise, and although soundalikes may be permissible in certain cases, they likely violate the right of publicity of the person who is being mimicked, says Matthew Savare at Lowenstein Sandler.
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Beware Of Trademark Scammers Leveraging USPTO Data
Amid a recent uptick in fraudulent communications directed at trademark applicants, registrants must understand how to protect themselves and their brand from fraudulent schemes and solicitation, say Michael Kelber and Alexandra Maloney at Neal Gerber.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Look At US-EU Consumer Finance Talks' Slow First Steps
The unhurried and informal nature of planned discussions between the U.S. Consumer Financial Protection Bureau and the European commissioner for justice and consumer protection suggests any coordinated regulatory action on issues like AI and "buy now, pay later" services is still a ways off, say attorneys at DLA Piper.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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PTAB Rulings Shed Light On Quantum Computing Patents
Recent Patent Trial and Appeal Board decisions on enablement rejections against quantum computing patent claims provide patent practitioners with valuable guidance on best practices for avoiding and overcoming enablement, say Fred Qiu and Alex Nie at Sheppard Mullin.
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Calif. Web Tracking Cases Show Courts' Indecision Over CIPA
Several hundred cases filed to date, and two recent conflicting rulings, underscore California courts' uncertainty over whether the use of web analytics tools to track users' website interactions can give rise to a violation of the California Invasion of Privacy Act, says Patricia Brum at Snell & Wilmer.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.