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Technology
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February 26, 2025
Simpson Thacher Adds Partner From Wilson Sonsini
Simpson Thacher & Bartlett LLP has picked up a trial litigator from Wilson Sonsini Goodrich & Rosati PC who helped a startup defeat a nearly $460 million trade secrets case over expert testimony involving antibody cancer treatments and secured defense victories in patent cases for companies like Google LLC and HTC Corp.
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February 26, 2025
Web Liability Fix Faces 'Persuasive' Test, FCC Expert Says
It won't be easy for the Federal Communications Commission to weaken tech platforms' liability shield as some Republicans want to do, but the commission could still make changes that courts find "persuasive," a former FCC lawyer now leading a pro-business group said on a blog Tuesday.
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February 26, 2025
Fed. Circ. Won't Let Micron Out Of Sharing Source Code
The Federal Circuit held Wednesday that Micron Technology Inc. can't get out of handing over what the company deemed "highly confidential" source code to Yangtze Memory Technologies Co. Ltd. in an ongoing dispute over flash memory chip patents.
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February 26, 2025
GOP-Led House Panel Pushes Easier Rules On Capital Raising
A U.S. House of Representatives subcommittee invited input Wednesday on a slew of deregulatory bills that seek to ease rules governing private and public securities offerings, drawing plaudits from the Republican majority and mixed responses from Democrats.
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February 26, 2025
Albright Won't Rethink Tossing VolP-Pal's Patent Fights
U.S. District Judge Alan Albright declined to reconsider the court's decision to throw out VoIP-Pal's patent lawsuits against Verizon and T-Mobile, saying Wednesday that the plaintiff has failed to offer any new evidence.
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February 26, 2025
Google Photos Service Illegally Scans Facial Data, Suit Says
Google has been sued in Illinois state court by two residents who claim their privacy was violated through Google Photos' collection and retention of face templates, created to compare the similarity of faces in photos for the purposes of grouping them.
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February 26, 2025
Trump Says FCC Right To Probe '60 Minutes' Interview Editing
President Donald Trump on Wednesday repeated his claim that CBS doctored a "60 Minutes" interview with Kamala Harris last year, likely costing him votes in the November election, and said the Federal Communications Commission is looking "very strongly" into the matter.
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February 26, 2025
Banks' Fight Over CFPB Open Banking Rule Put On Pause
A Kentucky federal judge agreed Tuesday to pause a banking industry challenge to the Consumer Financial Protection Bureau's open banking rule, giving the agency's new leadership time to review what it wants to do with the Biden-era measure.
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February 26, 2025
DOJ Says RealPage Can't Ditch Antitrust Claims
The U.S. Department of Justice and a group of states are urging a North Carolina federal judge to reject a move by RealPage Inc. and a group of landlords to escape claims that use of the company's software paves the way for collusion on setting rental prices.
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February 26, 2025
Ex-Twitter Execs Demand Docs In $200M Severance Fight
Elon Musk and his social media platform X are trying to dodge perfectly reasonable discovery requests tackling claims that the billionaire fired four former company executives after he bought the social media platform to avoid several benefits obligations, the workers told a California federal court.
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February 26, 2025
Google Settles Claims It Fired Bipolar Worker Out Of Bias
Google has settled a former employee's suit alleging he was unlawfully fired for taking medical leave because of his bipolar disorder following a manic episode, according to California federal court filings.
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February 25, 2025
Retailer Pushes To Ax 2,400 Web Tracking Arbitration Claims
Children's clothing retailer Janie & Jack LLC is attempting to stave off more than 2,400 arbitration claims filed by individuals over the company's allegedly unlawful website tracking practices, telling a California federal court that the website visitors are "weaponizing" an arbitration agreement that doesn't even apply to them.
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February 25, 2025
YouTube, TikTok Evade Deadly 'Challenge' Video Suit, For Now
A California magistrate judge has dismissed, for now, parents' product liability proposed class action alleging YouTube's and TikTok's reporting features are defectively designed since they did not result in the removal of deadly "choking challenge" videos, finding the suit does not clearly identify the product in question or its alleged design defect.
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February 25, 2025
DC Judge Blocks Trump's Federal Funding Freeze
A D.C. federal judge on Tuesday issued a preliminary injunction blocking the Trump administration from implementing a federal spending freeze while a group of nonprofits challenge the freeze, calling the measure "ill-conceived from the beginning."
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February 25, 2025
Apple Litigation Director Threatened With Sanctions At Hearing
A California federal judge presiding over a high-stakes evidentiary hearing into whether Apple has complied with her 2021 antitrust injunction threatened to sanction Apple's commercial litigation director Tuesday, telling counsel she has "significant concerns" about Apple's over-designation of attorney-client privilege, saying, "Your client is not entitled to have you engage in unethical conduct."
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February 25, 2025
Total High Speed Coverage In Alaska 'Not Realistic,' FCC Told
The Alaska Connect Fund sets unrealistic standards for bringing high-speed internet to the state, a telecom operating in Alaska told the Federal Communications Commission at a recent meeting where it urged the agency to lower its expectation.
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February 25, 2025
Calif. AG Agrees To Strike Part Of Landmark Social Media Law
California Attorney General Rob Bonta has agreed to abandon a key part of the Golden State's groundbreaking law requiring social media companies to disclose their content moderation policies as part of a settlement with X Corp., according to a stipulation filed in federal court.
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February 25, 2025
Meta Must Face US Citizens' Hiring Bias Suit
A California federal magistrate judge on Tuesday refused to nix a proposed class action alleging Meta intentionally favors H-1B visa holders over U.S. citizens for jobs, referencing statistics showing Meta's H-1B visa holders make up 15% of its workforce, compared to 0.5% for other employers.
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February 25, 2025
Block Considers NY Settlement Over Money-Laundering Curbs
Block Inc., the parent company of the peer-to-peer mobile payments platform Cash App and payments platform Square, is working to resolve allegations from New York state's financial regulator touching on its compliance with money-laundering restrictions, the company says.
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February 25, 2025
9th Circ. Won't Revive Consumers' Qualcomm Antitrust Suit
The Ninth Circuit Tuesday declined to revive cellphone buyers' antitrust suit against Qualcomm, backing a California district court's rejection of the consumers' claim that Qualcomm's policy of refusing to sell chips to cellular manufacturers that did not license its patents ran afoul of California antitrust law.
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February 25, 2025
GoDaddy, Tech Co. Quietly Agree To Kill Antitrust Suit
The world's largest domain registrar, GoDaddy, has come to terms with the company behind an antitrust suit claiming that it blackballed the tech company from its platform, according to documents filed recently in Virginia federal court.
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February 25, 2025
Meta Says 9th Circ. Shouldn't Touch Antitrust Cert. Denial
The Ninth Circuit should refuse to take up the appeal of a proposed class that was denied certification due to its novel theory that Meta Platforms Inc. would have been forced to pay users for the use of their data if it hadn't lied about how it was using it, the social media behemoth has told the court.
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February 25, 2025
State Telecom Roundup: AI On Everyone's Minds
It's been just over two years since artificial intelligence burst onto the scene in a big way with the launch of ChatGPT. After billions upon billions of dollars in investment, AI tools can be found everywhere from the Apple App Store to social media platforms to clothing websites.
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February 25, 2025
Petrochemical Cos. Want Judge Out Of Plastic Recycling Row
Petrochemical companies called on a Missouri federal judge to recuse himself from a proposed class action accusing them of misleading customers about the recyclability of plastic, saying his wife has a direct interest in the case as a Kansas City city council member.
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February 25, 2025
Ex-Privacy Board Members Sue Trump Over Firings
Two Democrats who had served on Congress' privacy watchdog over the executive branch's counterterrorism policies are suing the Trump administration, claiming they were illegally fired from the nonpartisan board to deny it a quorum and end its oversight.
Expert Analysis
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5 Key Takeaways From Energy Secretary's Confirmation
The recent confirmation hearing for U.S. Department of Energy Secretary Chris Wright highlighted several important themes, including his vision for transforming the DOE, his nuanced stance on renewables, and a renewed emphasis on energy abundance and affordability, says Connor McCulloch at Ankura Consulting Group.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Employers Should Know For Next Round Of H-1B Filings
With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.
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Ga. Tech Case Shows DOJ Focus On Higher Ed Cybersecurity
The Justice Department’s ongoing case against the Georgia Institute of Technology demonstrates how many colleges and universities may be unwittingly exposed to myriad cybersecurity requirements that, if not followed, could lead to False Claims Act liability, say attorneys at Woods Rogers.
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Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion
The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Zuckerberg's Remarks Pose Legal Risk For Meta Amid Layoffs
Within days of announcing that Meta Platforms will cut 5% of its lowest-performing employees, Mark Zuckerberg remarked that corporations are becoming "culturally neutered" and need to bring back "masculine energy," exposing the company to potential claims under California employment law, says Andi Mazingo at Lumen Law Center.
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Foreign Trade Zones Can Help Cos. With Tariff Exposure
Companies navigating shifts in global trade — like the Trump administration’s newly levied tariffs on Chinese goods — should consider whether the U.S. Department of Commerce's poorly understood foreign trade zone program could help reduce their import costs, says James Grogan at FTI Consulting.
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Critical Steps For Navigating Intensified OFAC Enforcement
The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.
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Perspectives
DC Circ. Cellphone Ruling Upends Law Enforcement Protocol
The D.C. Circuit’s recent U.S. v. Brown decision, holding that forcibly requiring a defendant to unlock his cellphone with his fingerprint violated the Fifth Amendment, has significant implications for law enforcement, and may provide an opportunity for defense lawyers to suppress electronic evidence, says Sarah Sulkowski at Gelber & Santillo.
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Trump's Energy Plans: Climate, Data Centers, LNG And More
With a host of executive orders addressing climate and emissions policies, expanded energy development, offshore and onshore projects, liquefied natural gas and more, the second Trump administration has already given energy companies much to consider, say attorneys at Gibson Dunn.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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IP, Licensing, M&A Trends To Watch In Life Sciences This Year
2025 promises to continue an exciting trajectory for the life sciences industry, with major trends ranging from global harmonization of intellectual property to cross-border licensing activity and an increase of nontraditional financial participants in the mergers and acquisition space, say attorneys at Morgan Lewis.
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Trump's Energy Plans: Funding, Permits And Nuclear Power
In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.