Technology

  • October 11, 2024

    Spex Expert Pushed On Differences In Western Digital's Drives

    Western Digital's counsel on Friday challenged a Spex Technologies expert witness on his testimony that Western Digital's drives lift Spex's data encryption patent, showing California federal jurors that the drives in question don't allow for the type of communication contemplated by Spex's invention.

  • October 11, 2024

    VMware Investors Ink $103M Settlement To Sales Backlog Suit

    VMware reached a $102.5 million settlement resolving a suit lodged in California federal court by a certified class of investors alleging that the cloud computing company deceptively recorded sales as backlog to obscure operational challenges.

  • October 11, 2024

    High Court's TCPA Grant Set To Broaden Loper Bright's Blow

    On the heels of the U.S. Supreme Court dealing a major blow to the power of federal agencies to interpret laws, the justices are poised to again boost judicial authority and potentially release a torrent of litigation challenging the established tome of regulations crafted under the Telephone Consumer Protection Act.

  • October 11, 2024

    Elon Musk's X Drops Unilever From Advertising Boycott Suit

    X Corp. has dropped Unilever from its antitrust suit accusing the global consumer goods company and others of conspiring to withhold advertising revenue from the social media platform, announcing in a post Friday that it's "pleased to have reached an agreement with Unilever" and "we look forward to more resolution."

  • October 11, 2024

    5th Circ. Broke Precedent In FCC Subsidy Case, Justices Told

    The Fifth Circuit not only split with two other appeals courts when it overturned the revenue base for the Federal Communications Commission's telecom subsidy programs, but also broke with U.S. Supreme Court precedent, advocacy groups told justices Friday.

  • October 11, 2024

    Aerospace Firm To Pay SEC $1.1M Over India Bribe Claims

    Aerospace components manufacturer Moog Inc. will pay a $1.1 million civil penalty to resolve U.S. Securities and Exchange Commission claims that an Indian subsidiary of the company violated the Foreign Corrupt Practices Act in connection with an alleged scheme to bribe Indian officials.

  • October 11, 2024

    Apple Judge OKs New Schedule But Pans 'Burden' To Court

    A California federal judge Friday issued an order in antitrust litigation against Apple that permits the plaintiffs and the tech giant to push out discovery deadlines, but said the change "shifts the burden to the court," so they'll have to prepare for trial "with or without" rulings on filed motions.

  • October 11, 2024

    PTAB Still Won't Take On Samsung's Patent Challenge

    Samsung has failed yet again to convince judges on an administrative patent board to take a look at their efforts to dislodge patents asserted against the Galaxy Watch In Texas federal court, despite winning a remand earlier from the head of the U.S. Patent and Trademark Office.

  • October 11, 2024

    Phone Unlocking Advances Digital Equity, Civic Group Says

    Setting federal rules that dictate when mobile providers have to unlock a customer's device, allowing people to switch providers without having to buy a new phone, would improve digital equity, says a group that promotes Black civic participation.

  • October 11, 2024

    Challenge To $60.7B Deal's Award Cap Is Late, Judge Says

    Protesters to a $60.7 billion IT deal couldn't convince the U.S. Court of Federal Claims that the U.S. Department of Veterans Affairs arbitrarily limited spots to 30 companies, with a judge saying that argument should have been raised earlier.

  • October 11, 2024

    Apple Watch Patents Dodge Ax As Masimo Jury Trial Nears

    A Delaware federal judge has refused to invalidate Apple Inc.'s smartwatch patents being challenged by health technology company Masimo Corp. ahead of this month's jury trial over whether the tech behemoth infringed Masimo's pulse oximetry technology patents.

  • October 11, 2024

    GoDaddy Must Face Lawsuit Over Exclusion Of Tech Co.

    The world's largest domain registrar, GoDaddy, will not be able to walk away from antitrust claims that it blackballed a tech company from its platform, a Virginia federal judge has ruled after being swayed by arguments about the vastness of GoDaddy's market share.

  • October 11, 2024

    Cable Biz Says Feds Need To Remove Barriers To Broadband

    The cable industry is making its case at the Federal Communications Commission that while advanced telecom service is being deployed in a "reasonable and timely" fashion, the feds should remove regulatory barriers to hasten deployment.

  • October 11, 2024

    Google Says High Court Shouldn't Pause Ad Tech Subpoena

    Google told the U.S. Supreme Court on Friday that there's no need to pause a South Carolina agency's bid to quash a document request in a case accusing the tech giant of monopolizing key digital ad technology, saying the agency has no chance of succeeding.

  • October 11, 2024

    Electric Vehicle Maker Fisker Cleared To Exit Chapter 11

    Electric car maker Fisker Inc. is set to exit Chapter 11 after a Delaware bankruptcy judge on Friday ruled that opt-out forms sent during plan voting showed creditor consent for third-party releases, but that shareholders who didn't vote on the plan hadn't agreed to the releases.

  • October 11, 2024

    IBM Unit Wants To Undo 'Troubling' Defamation Case Ruling

    An IBM unit has asked the Fourth Circuit to revive its lawsuit alleging a former executive's defamatory statements nearly killed a major acquisition, arguing that a lower court attempted to inject a new standard into its analysis. .

  • October 11, 2024

    Google Appeals Epic Injunction To 9th Circ.

    Google is appealing a California federal judge's recent order that it allow for third-party app distribution on its Android phones, taking the company's long-running fight with Fortnite-maker Epic Games to the Ninth Circuit with just weeks before the injunction is set to take effect.

  • October 11, 2024

    Apple Pushes To Duck DOJ's Antitrust Suit

    Apple Inc. continued to cast the Justice Department's monopolization lawsuit as an attempt to control how the technology giant deals with iPhone app developers, telling a New Jersey federal judge that the government's case against app access restrictions is "one and the same" as deciding who it does business with and thus warrants dismissal.

  • October 11, 2024

    Fintech-Focused Cohen SPAC Leads 2 IPOs Worth $250M

    Cohen Circle Acquisition Corp. I, a special purpose acquisition company founded by financial services industry veteran Betsy Cohen, began trading Friday, one of two SPACs that completed initial public offerings for a combined $250 million.

  • October 11, 2024

    Judge Doubts FTX Alum Needs Further Dog Bite Recovery

    A Manhattan federal judge has denied a bid from former FTX executive Ryan Salame to further postpone the start of his 7½-year prison sentence, saying he had already benefited from "extremely generous" delays, and agreeing with prosecutors that Salame appeared to have largely recovered from a dog bite that he said he suffered in June.

  • October 11, 2024

    Huawei Judge Asks If Netgear Suit Stretches Antitrust Law

    A California federal judge expressed some skepticism Friday about allowing router maker Netgear Inc. to proceed with monopolization claims over Huawei Technologies Co.'s patents, wondering aloud whether this would amount to "saying any breach of contract claim can be turned into an antitrust case."

  • October 11, 2024

    DC's Amazon Antitrust Suit Gets January 2027 Trial Date

    The District of Columbia attorney general's newly revived antitrust lawsuit against Amazon will go to trial in January 2027, a D.C. judge decided Friday.

  • October 11, 2024

    Lyft Algorithm Defect Claim Dismissed In Sex Assault Suit

    A Pennsylvania federal judge has thrown out a products liability claim in a woman's suit against Lyft Inc. over a sexual assault by a man posing as one of its drivers, saying she didn't seek leave from the court to add the claim and it was filed too late.

  • October 11, 2024

    FCC Pressed To Revisit Local Network Unbundling Rules

    An organization representing schools and libraries is once again urging the Federal Communications Commission to restore unbundling rules for local telecom incumbents, telling the agency that the FCC's Trump-era move to loosen the regulations has reduced competition among E-rate providers.

  • October 11, 2024

    Pa. Justices Won't Review Bible App Maker's Coverage Denial

    The Pennsylvania Supreme Court declined to hear a Bible app maker's coverage bid over a hacker's deletion of its videos and software stored on a GoDaddy Inc. server, letting stand an appeals panel's ruling in a case of first impression on what "your computers" means in a property policy.

Expert Analysis

  • Can SEC's Consolidated Audit Trail Survive Post-Chevron?

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    The U.S. Securities and Exchange Commission is currently in a showdown at the Eleventh Circuit over its authority to maintain a national market system and require that the industry spend billions to maintain its consolidated audit trail, a case that is further complicated by the Loper Bright decision, says Daniel Hawke at Arnold & Porter.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Cos. Should Focus On State AI Laws Despite New DOL Site

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    Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.

  • The Shifting Role Of Patent Attorneys In The Age Of AI

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    The integration of artificial intelligence into patent drafting represents a significant change in how legal work is performed, and patent attorneys must shift from manual drafting to a strategy-oriented approach, says Ian Schick at Draft Builders.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Navigating Complex Regulatory Terrain Amid State AG Races

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    This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.

  • How A Trump Win Might Affect The H-1B Program

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    A review of the Trump administration's attempted overhaul of the H-1B nonimmigrant visa program suggests policies Donald Trump might try to implement if he is reelected, and specific steps employers should consider to prepare for that possibility, says Eileen Lohmann at BAL.

  • Challenge To Ill. Card Fee Law Explores Compliance Hurdles

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    A recent federal lawsuit challenging an Illinois law that will soon forbid electronic payment networks from charging fees for processing the tax and tip portions of card transactions, fleshes out the glaring compliance challenges and exposure risks financial institutions must be ready to face next summer, says Martin Kiernan at Amundsen Davis.

  • Recent Securities Cases Highlight Risks In AI Disclosures

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    Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • A Look At The PTAB's Assessment Of Prior Art Exceptions

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    The Patent Trial and Appeal Board's approach over the last 10 years to assessing Section 102(b) prior art exceptions reveals a few trends, including that evidence of common ownership may have a higher likelihood of successfully disqualifying prior art under Section 102(b)(2)(C) at the institution stage, say Louis Panzica and David Holman at Sterne Kessler.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Open Questions In Unsettled Geofence Warrant Landscape

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    The Fourth and Fifth Circuits recently reached radically divergent conclusions about the constitutionality of geofence warrants, creating an uncertain landscape in which defendants should assert and preserve the full range of conventional Fourth Amendment challenges, says Charles Fowler at McKool Smith.

  • A Look At 5 States' New Data Privacy Laws

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    With new data privacy laws in Utah, Florida, Texas, Oregon and Montana recently in effect or coming into force this year, state-level enforcement of data privacy creates significant challenges and risks for how businesses interact with employees and consumers, and for companies that provide and use technologies in multiple jurisdictions, say attorneys at Jenner & Block.

  • Antitrust In Retail: Why FTC Is Studying 'Surveillance Pricing'

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    The Federal Trade Commission's decision to study targeted "surveillance pricing" should provide greater clarity into the nature of the data aggregation industry, but also raises several issues, including whether these practices are in fact illegal under any established interpretations of U.S. antitrust law, say attorneys at Holland & Knight.

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