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Technology
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June 05, 2024
Texas AG Sets Up New Team To Enforce Data Privacy Laws
Texas Attorney General Ken Paxton is "doubling down" on efforts to curb companies' misuse of residents' personal information by establishing a new team dedicated to enforcing the state's data protections, including a comprehensive consumer data privacy law that's set to take effect next month.
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June 05, 2024
Tokenizing Real Assets Touches Crypto Concerns, Reps Say
Putting stocks and other real-world assets on the blockchain is markedly different from issuing cryptocurrencies, but federal lawmakers on Wednesday showed that the debate about how to regulate so-called tokenization is decidedly similar when it comes to weighing its potential efficiencies against threats to privacy and consumer protection.
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June 05, 2024
Rimini's Oracle IP Defense Was Wrongly Barred, 9th Circ. Told
Rimini Street and its owner urged the Ninth Circuit on Wednesday to vacate an injunction blocking it from copying Oracle's software in their 14-year battle over Rimini's software patches, arguing that the lower court erroneously tossed certain infringement defenses that "should have been in the case all along" and made other errors.
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June 05, 2024
Amazon Beats BIPA Suit Targeting Thermal Camera Use
An Illinois federal judge handed Amazon a pretrial win over accusations that it violated workers' biometric privacy rights by using thermal cameras to screen for fevers during the pandemic, saying the company is immune from such claims under the Public Readiness and Emergency Preparedness Act.
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June 05, 2024
Fubo Loses Bid To Toss Consumer's Privacy Suit
Streaming service Fubo cannot escape a proposed class action alleging it unlawfully shared subscribers' personally identifiable information, or PII, with third-party advertisers, an Illinois federal judge ruled Tuesday.
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June 05, 2024
Catholic Broadcasters Angry Over FCC 'Gender Ideology' Rule
The Catholic Radio Association is up in arms over the Federal Communications Commission's new workforce diversity reporting mandates that will require broadcasters to report how many nonbinary people they employ, telling the agency they're being forced to record something that "does not comport to reality."
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June 05, 2024
Google Loses Another Patent Board Appeal In Sonos Feud
Federal Circuit judges sided Wednesday with a patent board ruling that wiped out claims in yet another Google patent that was asserted in the tech company's infringement lawsuit against wireless speaker brand Sonos.
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June 05, 2024
Fed. Circ. Judges Skeptical Broadband IP Is Patentable
A Federal Circuit panel seemed ready Wednesday to affirm a Texas federal judge's decision that a Broadband iTV Inc. streaming service interface patent is invalid as abstract, even if one judge eventually said the company was "making close to a persuasive case."
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June 05, 2024
3rd Circ. Revives Union Harassment Claims Against County
The Third Circuit revived claims Wednesday accusing Hudson County, New Jersey; its department of corrections; and three county employees of retaliating against a corrections officer because of his union activity, saying a federal judge tossed the allegations too soon.
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June 05, 2024
Google Legal Dept. Goes From Crisis Mode To Long Term
As much of the major antitrust litigation against Google winds down, the company is shuffling around its in-house legal departments to add more people and settle from crisis mode into the more sustainable posture of a technology giant where lawsuits have likely become a permanent feature of its existence.
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June 05, 2024
Chamber Says New Docs Show Transparency Issues At USTR
The U.S. Chamber of Commerce is expressing transparency concerns about certain policy decisions after documents provided under the Freedom of Information Act revealed that Biden trade officials are utilizing a "deferential and highly coordinated approach" in their relationship with Sen. Elizabeth Warren, D-Mass.
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June 05, 2024
Texas Tamale Co. Wins Partial Injunction In Trademark Case
A Texas federal magistrate judge has found that a Fort Worth tamale outfit called Texas Lone Star Tamales can't use certain phrases in its advertising but limited some language in a requested injunction.
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June 05, 2024
Panel To Pick Venue For FCC Net Neutrality Challenges
The federal courts are poised to randomly pick which circuit court will initially hear more than half a dozen legal challenges to the Federal Communications Commission's recently adopted net neutrality rules.
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June 05, 2024
Nigeria Holding US Binance Exec Hostage, Lawmakers Say
The White House's hostage negotiator should begin seeking the release of a top executive at cryptocurrency exchange Binance whom the Nigerian government is holding personally liable for tax evasion charges against the company, the House Foreign Affairs Committee's chairman has said.
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June 05, 2024
USPTO Fee Hike Finds Ally In Google, But Others Have Gripes
The U.S. Patent and Trademark Office's plan to increase many patent-related fees beginning next year has received support from Google, but dozens of other comments came from patent litigators of all stripes who argue that the proposal is a bad idea.
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June 05, 2024
Google Cleared From Suit Over Animal Abuse YouTube Videos
A California appeals panel has tossed a nonprofit's suit alleging that Google LLC breached its contract by allowing animal abuse videos on YouTube, saying Section 230 of the Communications Decency Act blocks all its claims.
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June 05, 2024
Microsoft Blasts Gamers' Bid To Add To Activision Appeal
Microsoft Corp. says the Ninth Circuit should reject a "bevy of additional, extra-record 'facts'" seeking to hold up the recent layoffs of 1,900 Activision and Xbox employees as proof that the tech giant's acquisition of Activision Blizzard Inc. was anticompetitive.
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June 05, 2024
Toshiba Unit CEO Can Be Deposed In $500M Mich. Plant Suit
The leader of a Toshiba Corp. subsidiary can be deposed in a lawsuit from Michigan energy companies alleging Toshiba's overhaul on a plant was shoddy and will cost more than $500 million to fix, as a Michigan federal judge has found the executive has relevant knowledge about the defective work.
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June 05, 2024
AI Co., Biotech Prep IPOs Worth $602M As Novelis Delays
Healthcare data artificial intelligence platform Tempus AI and Australian biotech Telix Pharmaceuticals on Wednesday unveiled plans for initial public offerings that will aim to raise a combined total of approximately $602 million, while sustainable aluminum solutions provider Novelis, a day prior, postponed IPO plans due to market conditions.
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June 05, 2024
Del. Justices Uphold Chancery's Toss Of Auto Parts Deal Suit
Delaware's Supreme Court has refused to reverse the Court of Chancery's 2023 dismissal of a stockholder suit accusing Chicago-based factory and automotive parts venture Distribution Solutions Group Inc. of failing to disclose conflicts surrounding and costs of a three-way merger in late 2021.
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June 05, 2024
FCC Looking Into Reports Of AT&T Wireless Service Outage
The Federal Communications Commission said it is trying to find out what happened when AT&T wireless customers lost service in several states Tuesday due to what the company described as an interoperability problem.
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June 05, 2024
Samsung Escapes Illinois Suit Over Exploding Vape Battery
An Illinois state appeals court has freed South Korea-based Samsung SDI Co. Ltd. from a suit alleging it sold a lithium-ion battery that exploded in a man's pocket, finding the man failed to provide any evidence that the company directed its wares at Illinois.
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June 05, 2024
Meta Can't Dodge Trial In Monopoly Suit, FTC Says
The Federal Trade Commission said "voluminous evidence" cuts against Meta's bid to avoid trial over claims the social media giant illegally entrenched its monopoly in the market for personal social networking by acquiring WhatsApp and Instagram.
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June 05, 2024
4th Circ. Says SC Agency Must Give Google Ad Docs
A South Carolina agency must respond to Google's document request after the Fourth Circuit ruled Wednesday that the state waived its sovereign immunity by joining a case accusing the tech giant of monopolizing key digital advertising technology.
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June 05, 2024
Epic Accuses Apple Of Stalling Antitrust Doc Production
Epic Games accused Apple Inc. at a hearing Wednesday of dragging its feet on producing internal documents that a California federal judge recently ordered the tech giant to hand over to help decide if Apple complied with her ban on App Store anti-steering rules.
Expert Analysis
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Bracing Cos. For Calif. Privacy Agency's Restored Authority
A recent California state appeals court decision greenlights the California Privacy Protection Agency's enforcement of certain consumer privacy regulations, which may speed up compliance requirements, so businesses considering use of artificial intelligence, for instance, may want to reassess their handling of privacy notices and opt-out requests, say Kevin Angle and Matthew Cin at Ropes & Gray.
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Fed. Circ. In Feb.: Using Prior Products To Invalidate A Patent
The Federal Circuit's recent Weber v. Provisu ruling, that prior-product operating manuals constituted printed publications that can be used to invalidate patents in an inter partes review proceeding, makes it easier for a petitioner to invalidate a patent, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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How Cos. Can Assess Open-Source Contribution Patent Risks
Recent trends underscore the importance of open-source software to the technology industry for both engineering and strategic purposes, and companies should consider using a framework that addresses whether contributions require granting licenses to patent claims in portfolios to analyze associated risks, says Shrut Kirti at TAE Technologies.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Following The Road Map Toward Quantum Security
With the Financial Conduct Authority’s recent publication of a white paper on a quantum-secure financial sector, firms should begin to consider the quantum transition early — before the process is driven by regulatory obligations — with the goal of developing a cybersecurity architecture that is agile while also allowing for quantum security, say lawyers at Cleary.
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What's At Stake In Pending Fed. Circ. Design Patent Test Case
The full Federal Circuit recently heard argument in LKQ v. GM Global, a case concerning patent obviousness in the aftermarket for auto parts; the court's decision will likely influence how design patents are obtained, enforced and challenged, and affect the broader innovation ecosystem, says Larry DeMeo at Hunton.
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NYC Workplace AI Regulation Has Been Largely Insignificant
Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.
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2 Emerging Defenses For Website Tracking Class Actions
Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.
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No AI FRAUD Act Is A Significant Step For Right Of Publicity
The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Keeping Up With Class Actions: Data Breach Litigation In Flux
In this monthly look at notable class action decisions, Gerald Maatman at Duane Morris examines a recent mixed-bag data breach ruling from an Illinois federal court — in the context of case law developments over the last year — which illustrates the range of issues confronting litigants going forward.
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Considerations For Disclosing AI Use In SEC Filings
Recent remarks from U.S. Securities and Exchange Commission Chair Gary Gensler should be heard as a clarion call for public companies to disclose artificial intelligence use, with four takeaways on what companies should disclose, says Richard Hong at Morrison Cohen.
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Averting Patent And Other IP Risks In Generative AI Use
While leveraging generative AI presents potential problems such as loss of ownership of patents and other intellectual properties, a series of practice tips, including ensuring that the technology is used as a supplementary tool and is not contributing to invention conception, can help mitigate those concerns, say Mackenzie Martin and Bryce Bailey at Baker McKenzie.
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After TikTok, Tiptoeing Toward Patent Transfer Alignment
Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.
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New Hydrogen Regulations Show The Need For IP Protections
The introduction of hydrogen regulations, such as the IRS' proposed tax credit for clean hydrogen under the Inflation Reduction Act, are reshaping the competitive landscape, with intellectual property rights an area of increased emphasis, say Evan Glass and James De Vellis at Foley & Lardner.