Technology

  • April 09, 2024

    FCC Considers Opening 5 GHz Band To Drones

    The Federal Communications Commission thinks it's time to start letting drones operate in the 5 gigahertz band, envisioning a future when they are used in emergency situations such as wildfires and disaster recovery.

  • April 09, 2024

    FCC Decision On Subsidy Fund Likely Tough To Unravel

    Public advocates are scrambling to reverse a Federal Communications Commission decision sparing broadband providers from helping pay for telecommunications subsidies even after the commission resurrects net neutrality rules that classify them as telecom providers.

  • April 09, 2024

    Healthcare Co. Can't Sue Ex-Exec For Causing Canada Tax Hit

    A Colorado federal judge shot down a pharmacy automation company's suit alleging its former chief commercial officer cost it nearly CA$1.2 million ($907,000) in Canadian taxes by not telling his employer he had moved out of the country, saying the company hasn't shown it suffered any damage as a result.

  • April 09, 2024

    Crypto Mining CEO's Asset Freeze Fight Axed At 11th Circ.

    An Eleventh Circuit panel has rejected a bid to lift an asset freeze by a man accused of running a crypto mining scheme, ruling U.S. financial industry regulators did not have to formally serve him before asking a court to block activity in his financial accounts.

  • April 09, 2024

    $350M Google Privacy Settlement Receives Initial Approval

    A California federal judge on Tuesday gave the first green light to a $350 million settlement between Google's parent company, Alphabet, and investors over claims the company deceived them about a March 2018 software glitch that allegedly gave third-party app developers the ability to access the private profile data of 500,000 users of the Google Plus social media site.

  • April 09, 2024

    2nd Circ. Doubts Venue 'Error' In Conn. Malware Convictions

    The Second Circuit on Tuesday wondered why a Russian national convicted of providing technical support to a worldwide computer crime network waited until after his trial to argue that a Connecticut federal district court was the wrong venue for the matter, as the convict leaned on testimony from the leader of the Kelihos botnet to make his case during oral argument.

  • April 09, 2024

    Spirit Flies Away From Wiretap Suit Over Site User Tracking

    Spirit Airlines has beaten, for now, a consolidated proposed class action alleging that it flouted privacy and wiretapping laws by gathering its website users' communications after a Pennsylvania federal judge said the plaintiffs haven't responded to Spirit's argument that its software doesn't gather personal information and accordingly suffered no injury and lack standing.

  • April 09, 2024

    Jenner & Block Recruits Ex-Sheppard Mullin IP Litigator In SF

    Jenner & Block LLP is boosting its intellectual property practice with the addition of a veteran trial lawyer as of counsel in its San Francisco office who was most recently with Sheppard Mullin Richter & Hampton LLP.

  • April 09, 2024

    Nonprofit Seeks Over $300K Atty Fees Over X Defamation Win

    A nonprofit organization focused on challenging hate speech asked a California federal judge to approve more than $300,000 in attorney fees following a successful defense against Elon Musk and social platform X Corp.'s claims over an allegedly defamatory article.

  • April 09, 2024

    Printer Buyers Defend HP Ink Cartridge Antitrust Claims

    HP printer buyers told an Illinois federal court they've done enough to show that HP monopolized the market for replacement ink cartridges by alleging the company used firmware updates to lock them into purchasing HP ink cartridges.

  • April 09, 2024

    New Relic Shareholder Sues To Force Open Corp. Books

    Another shareholder of web analytics firm New Relic Inc. has sued in Delaware's Court of Chancery for corporate records related to the company's $6.5 billion, $87-per-share buyout by private equity firms Francisco Partners and TPG, the latest in a string of shareholder suits seeking records on the deal.

  • April 08, 2024

    Ex-Autonomy Exec Says Boss's Invoice Ask Caused Concern

    A former Autonomy finance employee took the stand Monday in the criminal fraud trial of ex-CEO Michael Lynch and finance director Stephen Chamberlain, telling a California federal jury that he was "not comfortable" with one of Chamberlain's invoice requests and was sacked after raising concerns about accounting irregularities.

  • April 08, 2024

    BitMEX Co-Founder Can't Escape Investors' Manipulation Suit

    A case against a co-founder of cryptocurrency trading platform BitMEX will move forward after a Manhattan federal judge found investors showed the executive was "central" to an alleged manipulation scheme that benefited the firm at the expense of its customers.

  • April 08, 2024

    Fed. Circ. Says Law Taken Out Of Context In IP Fraud Defense

    U.S. Circuit Judge Todd Hughes on Monday told the attorney for the owner of a patent enforcement company that his attempt to beat a contempt order for his client involved reading a key rule out of context.

  • April 08, 2024

    Nvidia Copied 'Modulus' Mark, Financial Software Co. Says

    Nvidia has been hit with a trademark infringement action in Texas federal court by competitor Modulus Financial Engineering accusing Nvidia of illegally using an identical "Modulus" mark in connection with Nvidia's open-source framework and artificial intelligence software, without Modulus Financial's permission.

  • April 08, 2024

    Fed. Circ. Won't Touch ITC's Sonos Ruling

    Neither Google nor its legal foe at speaker brand Sonos was able to persuade the Federal Circuit on Monday to change a mixed holding from the U.S. International Trade Commission that allowed some redesigned Google Home products to stay on the market.

  • April 08, 2024

    FCC Seeks To Stop Abusers From Tracking Connected Cars

    The Federal Communications Commission is seeking input on how to prevent connected-car technologies from being used to stalk and harass targets of domestic abuse.

  • April 08, 2024

    Hytera's IMs With Chinese Court Don't Sway Judge

    An Illinois federal judge told Hytera Communications on Monday it still had not done enough to be free of serious sanctions for continuing a Chinese intellectual property suit against her orders, saying recent instant messages between Hytera and the Chinese court were not proof the case was officially over.

  • April 08, 2024

    Jury Finds Patent Claims Invalid In Suit Against Nokia

    Lawyers for a Texas patent litigation outfit have convinced jurors in Marshall, Texas, that Nokia infringed one of three telecom patents that were issued nearly two decades ago to a now-bankrupt Israeli tech company, but were stuck with a verdict that found claims in that patent as well as another are invalid.

  • April 08, 2024

    Norton, Quinn Emanuel Rip Contempt Order In $600M IP Case

    A more than $600 million judgment against NortonLifeLock for infringing Columbia University patents, based partly on a contempt finding against its former law firm, Quinn Emanuel Urquhart & Sullivan LLP, is "indefensible" and cannot stand, the company and the firm have told the Federal Circuit.

  • April 08, 2024

    Chancery Approves $36M Sirius XM Settlement, $9.6M Atty Fee

    Sirius XM Holding Inc. stockholders who sued in Delaware's Court of Chancery over an alleged ongoing squeeze-out by Liberty Media Corp. won court approval Monday of a $36 million settlement to end their litigation, along with a $9.6 million payout for their attorneys and $50,000 for the lead plaintiff.

  • April 08, 2024

    9th Circ. Doubts Quick Section 230 Appeal In Casino App Suits

    A Ninth Circuit panel appeared skeptical Monday of weighing in on whether the Communications Decency Act's Section 230 shields Google, Apple and Meta from consolidated multidistrict litigation over allegedly illicit "social casino" game apps on their platforms, with two judges saying that the interlocutory appeal is "premature" and "confusing."

  • April 08, 2024

    McConnell Expresses Support For TikTok Divestiture Bill

    Senate Minority Leader Mitch McConnell, R-Ky., on Monday stressed the need for the House-passed bill to clamp down on TikTok, citing vast national security concerns.

  • April 08, 2024

    DirecTV Questions FCC Legal Authority For New Rules

    DirecTV said the Federal Communications Commission is relying on a faulty interpretation of the Communications Act to justify imposing rules that would block early termination fees for satellite service and require rebates for TV program blackouts during carriage disputes.

  • April 08, 2024

    US Pledges $6.6B To TSMC As Chip Co. Eyes 3rd Ariz. Plant

    The Biden administration on Monday proposed a pledge of $6.6 billion to Taiwan Semiconductor Manufacturing Co. in hopes of boosting the U.S. domestic semiconductor industry as the chipmaking giant eyes a third fabrication plant in Arizona.

Expert Analysis

  • Steps To Reduce CIPA Litigation Risks For Companies

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    As class action claims brought under the California Invasion of Privacy Act continue to advance new theories under an old law to target companies for commonplace website and app activities, there are steps that organizations can take to reduce exposure and strengthen their defenses against such lawsuits, say attorneys at Hintze Law.

  • Banks Should Continue To Prep For CFPB Data Rule Rollout

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    Consumer Financial Protection Bureau-supervised banks should not expect industry pressure to delay the rollout of proposed Section 1033 open banking rules, which regulate how consumer financial information flows between financial institutions, and prepare their required data access portals and compliance procedures now, say attorneys at Troutman Pepper.

  • UMG-TikTok IP Rift Highlights Effective Rights Control Issues

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    Despite Universal Music Group's recent withdrawal of TikTok's licensing rights to its music catalog, the platform struggles to control uploads and reproductions of copyrighted material, highlighting the inherent tension between creative freedom and effective rights control in the age of social media, says Simon Goodbody at Bray & Krais.

  • 5 Trends To Watch As Value-Based Healthcare Gains Steam

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    Value-based care has grown and evolved as healthcare providers, payors and policymakers seek to improve patient results while containing costs, and this shift in the industry is expected to accelerate in the near future, say attorneys at Holland & Knight.

  • Fed. Circ. Patent Lesson: No Contradiction, No Indefiniteness

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    The Federal Circuit’s recent ruling in Maxwell v. Amperex Technology highlights the complexities of construing patent claims when seemingly contradictory limitations are present, and that when a narrowing limitation overrides a broader one, they do not necessarily contradict each other, says Roy Wepner at Kaplan Breyer.

  • 3 Notification Pitfalls To Avoid With Arbitration Provisions

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    In Lipsett v. Popular Bank, the Second Circuit found that a bank's arbitration provision was unenforceable due to insufficient notice to a customer that he was bound by the agreement, highlighting the importance of adequate communication of arbitration provisions, and customers' options for opting out, say attorneys at Covington.

  • Tips For Orgs Facing AI Data Privacy Compliance Challenges

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    Regulators around the world are actively seeking to enforce data privacy and consumer protection laws against companies providing artificial intelligence-related services, raising complex compliance questions in areas like transparency, data minimization, lawfulness of processing, data subject rights and higher risk activities, say attorneys at Hogan Lovells.

  • Golf Course Copyright Bill Implications Go Beyond The Green

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    A new federal bill, the BIRDIE Act, introduced in February would extend intellectual property protections to golf course designers but could undercut existing IP case law and raise broader questions about the scope of copyright protection for works that involve living elements or nonhuman authorship, say attorneys at Bradley Arant.

  • Caremark 2.0 Lends Shareholders Agency Against Polluters

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    The Caremark doctrine has been liberalized by recent Delaware court decisions into what some have termed a 2.0 version, making derivative cases against corporations far more plausible and invigorating oversight duty on environmental risks like toxic spills and air pollution, say Joshua Margolin and Sean Goldman-Hunt at Selendy Gay.

  • BIPA's Statutory Exemptions Post-Healthcare Ruling

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    The Illinois Supreme Court's November opinion in Mosby v. Ingalls Memorial Hospital, which held that the Biometric Information Privacy Act's healthcare exemption also applies when information is collected from healthcare workers, is a major win for healthcare defendants that resolves an important question of statutory interpretation, say attorneys at Quinn Emanuel.

  • Key Factors In Establishing Compelling Merits At The PTAB

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    A look at over 450 Patent Trial and Appeal Board decisions between June 2022 and now provides insights into strategies for petitioners and patent owners in establishing compelling merits arguments in post-grant proceedings, say David Holman and Tyler Liu at Sterne Kessler.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Takeaways From USPTO's AI-Assisted Invention Guidance

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    Recently issued guidance from the U.S. Patent and Trademark Office clarifies how patent inventorship is to be determined when AI is involved, and while the immediate risk of prosecution for failing to meet the new standards appears low, the extent of examiners’ scrutiny remains to be seen, say attorneys at Foley & Lardner.

  • Opinion

    The Problems In Calif. Draft Behavioral Ad Privacy Regs

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    The California Privacy Protection Agency has an opportunity with its automated decision-making technology and profiling rulemaking to harmonize California's regulation of data-driven advertising, but this will be a failure unless several things are changed in its proposed treatment of behavioral advertising, say Alan Friel and Kyle Fath at Squire Patton.

  • Generative AI Adds Risk To Employee 'Self-Help' Discovery

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    Plaintiffs have long engaged in their own evidence gathering for claims against current or former employers, but as more companies implement generative AI tools, both the potential scope and the potential risks of such "self-help" discovery are rising quickly, says Nick Peterson at Wiley.

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