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Technology
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February 03, 2025
Google Fights Uphill To Scrap Antitrust Verdict At 9th Circ.
A Ninth Circuit panel appeared skeptical on Monday of Google's bid to throw out Epic Games' antitrust trial win and injunction requiring Google to open its Play Store to rivals following Epic Games' partial antitrust loss against Apple, with each judge doubting that the Apple ruling is necessarily preclusive.
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February 03, 2025
Kochava Still Can't Get FTC Location Privacy Suit Thrown Out
An Idaho federal judge on Monday again refused to throw out the Federal Trade Commission's suit accusing mobile app analytics provider Kochava Inc. of selling consumers' geolocation data without proper consent, ruling that nothing meaningful has changed since Kochava's previous dismissal bid.
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February 03, 2025
Gilstrap Tells Patent Atty To 'Relearn The Fundamentals'
U.S. District Judge Rodney Gilstrap has decided that a "public admonition" is a more appropriate punishment than legal fines for a lawyer whose client was called a "patent troll" by opponents, ordering the attorney to "relearn the fundamentals of the Federal Rules of Civil Procedure."
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February 03, 2025
Maryland Kids' Privacy Law Latest To Face Legal Challenge
Tech industry group NetChoice on Monday added to its growing list of lawsuits contesting the constitutionality of kids' online safety laws around the country, filing an action against a recently enacted Maryland law that it claims would force online platforms to act as "a digital speech police."
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February 03, 2025
Apple Seeks Bench Trial Win In Masimo's Trade Secret Suit
Apple Inc. urged a California federal judge Monday to issue a bench trial ruling that it didn't steal Masimo Corp.'s pulse oximetry technology for its smartwatches, arguing no actual trade secrets were at issue and that it used its own independently developed innovations to create the blockbuster product.
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February 03, 2025
Co.'s Coverage Suit Over $1.9M Email Spoof Scheme Tossed
An Alaska federal court on Monday officially dismissed a construction company's lawsuit accusing Travelers of a bad faith refusal to provide directors and officers coverage for a $1.9 million email spoofing scheme, days after the construction company filed a voluntary motion to dismiss with prejudice.
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February 03, 2025
DOJ Poised To Prosecute Threat-Makers Against DOGE
A federal prosecutor appointed by President Donald Trump offered Elon Musk his office's support to "protect" the work of the newly created Department of Government Efficiency headed by the billionaire businessman, including "legal action against anyone who impedes your work or threatens your people."
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February 03, 2025
PTAB Must Rethink 3G Sisvel Ruling, Fed. Circ. Says
The Federal Circuit said Monday an administrative patent board fumbled when failing to read technical language correctly in a 3G patent owned by European patent-licensing company Sisvel.
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February 03, 2025
Faulty LA County Wildfire Alerts Probed By Congress
A group of U.S. House of Representatives members from Los Angeles County launched an investigation Monday into false-alarm evacuation warnings accidentally sent to nearly 10 million people during last month's deadly wildfires, saying the incident "raises serious questions" about the Federal Emergency Management Agency's mobile alert system.
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February 03, 2025
Schumer Warns Of 'Hostile Takeover' From DOGE
Top Senate Democrats on Monday railed against access granted to Elon Musk's Department of Government Efficiency that allowed the outfit's employees to tap into the U.S. Department of Treasury's federal payment system over the weekend.
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February 03, 2025
Fed. Circ. Questions Mitek's Fears Of USAA Check Patent Suit
A Federal Circuit panel appeared skeptical of banking software company Mitek Systems Inc.'s effort to revive a suit seeking a declaration that it is not infringing check deposit patents United Services Automobile Association has won millions from suing over, suggesting Monday it seems like Mitek won't also be sued.
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February 03, 2025
OpenAI, Microsoft Aim To Ax Musk's For-Profit Change Suit
OpenAI and Microsoft have urged a California federal court in separate motions to dismiss Elon Musk's antitrust and breach of contract lawsuit claiming OpenAI lied by telling investors it would always be a nonprofit artificial intelligence research organization, calling the allegations "conclusory" and lacking factual backing.
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February 03, 2025
PharmacyChecker's Legality Weighed In 9th Circ. Appeal
Judges on the Ninth Circuit went back and forth with lawyers on both sides of online drug comparison site PharmacyChecker's antitrust suit against LegitScript on Monday, questioning the latter's claims that PharmacyChecker's entire business is illegal because it facilitates the unsanctioned importation of foreign pharmaceuticals.
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February 03, 2025
USAA Fails To Flip PTAB Loss In $218M EDTX Case
Federal Circuit judges decided Monday to affirm an administrative board's rulings that wiped out claims in two patents, including one that is tied to a $218.45 million jury verdict leveled against PNC Bank in a patent case in the Eastern District of Texas.
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February 03, 2025
Child Porn Victims Urge 9th Circ. To Revive Claims Against X
Child sex trafficking survivors urged the Ninth Circuit on Monday to revive allegations that X Corp. defectively designed its platform and knowingly benefited from sex trafficking when it refused to remove pornographic videos of the 13-year-old boys, arguing that X isn't shielded under Section 230.
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February 03, 2025
Fired SpaceX Workers Want To Know Where Musk Was
An attorney representing fired SpaceX workers urged a California federal judge Monday to reconsider a previous judge's ruling that the retaliation case does not belong in state court and to allow her clients access to records about CEO Elon Musk's past movements to prove the location from which he directed the company.
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February 03, 2025
Don't Give Tribes 'Veto Power' In Alaska Deployment, FCC Told
A group of Alaska rural carriers told the Federal Communications Commission on Monday it should not give Native American tribes "veto power" over federally funded broadband deployment projects, which they described as a "DEI approach" from the Biden era.
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February 03, 2025
Del. Justices Uphold $10.4B Anaplan Inc.'s Thoma Bravo Sale
Agreeing that a fully informed "Corwin cleansing" vote washed away stockholder objections to a post-signing $400 million trimming of a $10.7 billion deal, Delaware's Supreme Court on Monday dismissed a challenge to Thoma Bravo's acquisition of software-as-a-service company Anaplan Inc. in June 2022.
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February 03, 2025
ICE Must Offer Pa. Detainees Virtual Access To NJ Courts
An immigration detention facility in Pennsylvania must allow detainees access to virtual hearings for pending criminal proceedings in New Jersey, since U.S. Immigration and Customs Enforcement assumed responsibility for protecting their constitutional rights, a federal judge ruled Friday.
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February 03, 2025
Trial Court Won't Pause Google Search Case For Apple Appeal
A D.C. federal court refused on Sunday to pause the remedies phase of the landmark monopolization case targeting Google's search dominance while Apple appeals a decision refusing to allow it to participate.
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February 03, 2025
Miss. Republican Renews Push For Nat'l Broadband Strategy
A Republican senator concerned about possible overlap in federal deployment programs has re-upped a legislative effort that started three years ago to direct the U.S. Department of Commerce to develop a clear national broadband strategy.
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February 03, 2025
Exec Cops To Crashing Drone Into Plane Fighting LA Fires
The former president of Skydance Media's video game division has admitted to crashing his drone into a water-scooping airplane that was fighting Los Angeles' deadly and destructive Palisades Fire last month, according to a plea agreement in California federal court.
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February 03, 2025
GPS Maker Settles Patent Suit Over Car Tracker Technology
A Texas company has dropped its claims that GPS tracking device maker Linxup LLC infringed its patent on a device that can monitor a car's operations data, according to a dismissal notice filed in North Carolina federal court.
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February 03, 2025
Technology Group Of The Year: Fenwick
Fenwick & West LLP attorneys guided Smartsheet in its $8.4 billion acquisition by private equity giants Blackstone and Vista Equity Partners, and notched a number of significant patent litigation victories for Amazon, earning the law firm a spot among the 2024 Law360 Technology Groups of the Year.
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February 03, 2025
Lumio Gets OK To Liquidate Through Ch. 11 After Asset Sale
A Delaware bankruptcy judge on Monday approved solar panel provider Lumio Holdings Inc.'s Chapter 11 liquidation plan, months after the company agreed to sell its business to Zeo Energy Corp.
Expert Analysis
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A Look At The Hefty Demands In Calif. Employer AI Draft Regs
California's draft regulations on artificial intelligence use in employment decisions show that the California Privacy Protection Agency is positioning itself as a de facto AI regulator for the state, which isn't waiting around for federal legislation, says Lily Li at Metaverse Law.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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OCC Recovery Guidance Can Help Banks Bounce Back Better
The Office of the Comptroller of the Currency's recently finalized recovery guidelines add to the constellation of exercises that larger banks must undertake, while also aiding information-gathering and preparedness efforts that can help prevent — or better manage — bank failures, say attorneys at Davis Wright.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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A Look At Similarities Between SOX And SEC's Cyber Rule
Just as the Sarbanes-Oxley Act paved the way for greater transparency and accountability in financial reporting, the SEC's cybersecurity rule is doing much the same for cybersecurity, ensuring that companies are resilient in the face of growing cyber threats, says Padraic O'Reilly at CyberSaint.
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Opinion
Efficiency Dept. Should Consolidate Antitrust Enforcement
President-elect Donald Trump's planned Department of Government Efficiency should transfer the authority of the Federal Trade Commission's Bureau of Competition into the U.S. Department of Justice's Antitrust Division, because there is no justification for two federal entities to enforce antitrust and competition laws, says retired judge Susan Braden.
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What To Expect Next From Federal Health Tech Regulation
Healthcare organizations should pay close attention to federal health information technology regulators' recent guidance concerning barriers to accessing electronic health information, which signals that more enforcement in this area is likely forthcoming, say attorneys at Ropes & Gray.
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DOD Cybersecurity Rule Will Burden And Benefit Contractors
The U.S. Department of Defense’s cybersecurity certification program, finalized in October, will pose tricky and expensive challenges for contractors, given its many requirements and the scarcity of third-party assessors who can provide certification, but companies may ultimately benefit from a narrower pool of competitors, say attorneys at Miles & Stockbridge.
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Class Actions At The Circuit Courts: November Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.
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5 Areas Congress May Investigate After GOP Election Wins
With Republicans poised to take control of Congress in addition to the executive branch next year, private companies can expect an unprecedented uptick in congressional investigations focused on five key areas, including cryptocurrency and healthcare, say attorneys at Cahill Gordon.
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US Intellectual Property-Based Sanctions Could Be Imminent
A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.
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Trump's 2nd Term May Be A Boost To Banking Industry
President-elect Donald Trump's personnel appointments could be instrumental in reshaping the financial regulatory landscape during his second administration, likely allowing for greater merger activity and halting or undoing some of the Biden administration's more restrictive financial services policies, say attorneys at Debevoise.
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9 Considerations Around Proposed Connected Vehicle Ban
Stakeholders should consider several aspects of the U.S. Department of Commerce's recent proposal to ban U.S. imports and sales of vehicles incorporating certain connectivity components made in China or Russia, including exempted transactions and vehicle hardware imports, say attorneys at Blank Rome.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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What Trump's 2nd Presidency Could Mean For Crypto Sector
Trump's second term will bring a fundamental shift from the Biden administration's approach to crypto-asset regulation and banking supervision, with the most significant changes likely taking effect in the first two quarters of 2025 and broader policy shifts emerging over the next year, say attorneys at Cahill.