Analysis

Tech Critics See Hope In Social Media Verdicts

By Emily Field

The courts are emerging as the forum to hold social media giants accountable for their algorithms now that two multimillion-dollar jury verdicts determined the platforms are harming the mental health of young people, after years of being unchecked by Congress.

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Live Nation Beat Rivals With Better Tech, Jury Hears

By Stewart Bishop

A former executive for AEG Presents on Friday testified that his former employer's ticketing system was subpar to that of Live Nation's Ticketmaster, as counsel for the latter portrayed the live entertainment giant's dominant position in the market as a natural result of its superior services to clients.

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High Court Asked To Review $168M Trade Secret Award

By Ivan Moreno

Tata Consultancy Services Ltd. has asked the U.S. Supreme Court to review a Fifth Circuit ruling that upheld a $168 million judgment in a trade secret case, arguing the decision allowed an unjust enrichment award without proof that an IT competitor suffered any monetary harm.

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3rd Circ. Scolds Atty For Using Client's AI Hallucinations

By P.J. D'Annunzio

In a precedential opinion Friday, a Third Circuit panel reprimanded an attorney who put his client's AI-assisted legal research into briefs without checking it, prompting one judge to remark that the punishment chosen by her colleagues wasn't harsh enough.

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Google Ad Privacy Deal OK'd, But $128M Fee Bid Cut To $22M

By Dorothy Atkins

A California federal judge on Thursday approved Google's nonmonetary deal resolving allegations it sells consumers' personal data in fast-paced digital ad auctions without their consent, but slashed class counsel's $128 million fee request to $21.8 million due to their "speculative" settlement-value estimates, "limited success" and numerous billing "errors and inefficiencies."

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Del. Judge Upholds $31M Patent Damages Against Amazon

By Elliot Weld

A Delaware federal judge has backed a jury verdict that awarded $30.5 million in patent infringement damages against Amazon to the owner of two computer network patents, but said he would not boost the damages.

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Elizabeth Holmes Gets 11-Year Prison Sentence Cut By A Year

By Dorothy Atkins

A California federal judge has shaved off a year from convicted ex-Theranos CEO Elizabeth Holmes' 11-year-and-three-month prison sentence for securities fraud due to recent sentencing guideline amendments, reducing her time behind bars by one year, instead of the two years she requested, amid objections by prosecutors.

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Fired Cognizant Worker Was 'Uncooperative,' Jury Told

By Pete Brush

A Manhattan federal jury weighed claims Friday that Cognizant Technology Solutions fired a New York University professor for complaining about hiring bias, after a lawyer for the company called him a troublesome employee who has no contemporaneous evidence of his concerns.

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Epstein Survivors Say DOJ, Google Revealed Their Identities

By Hailey Konnath

The U.S. Department of Justice published the identifying information of more than 100 survivors of Jeffrey Epstein, information that Google has continued to republish despite survivors' pleas to "take it down," according to a proposed class action filed in California federal court.

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Up Next At High Court: Birthright Citizenship, Arbitration

By Katie Buehler

The U.S. Supreme Court will close out its March oral arguments session by hearing a nationwide class's blockbuster challenge to President Donald Trump's limited view of birthright citizenship, as well as a dispute over federal courts' authority to confirm or vacate arbitration awards in cases they've formerly overseen.

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EU's Ribera: Antitrust Must 'Stay Strong' Against Politics

By Bryan Koenig

European Union antitrust chief Teresa Ribera had a word of caution Friday for competition enforcers who let political considerations influence their enforcement decisions, arguing in Washington, D.C., remarks that enforcement should remain stable against shifting political winds.

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Judiciary Nixes Amicus Disclosure Reform Over Potential Chill

By Emily Sawicki

The federal judiciary has been asked not to move forward with a plan to add to amicus brief disclosure requirements designed to curb "dark money" groups from bankrolling amicus briefs, after rules committee chairs pulled the recommendation over concerns of a possible chilling effect.

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State Privacy & AI Watch: 3 Legislative Developments To Know

By Allison Grande

As Congress pushes to limit regulation of artificial intelligence systems and struggles to put guardrails on companies' handling of personal data, states continue to step up, with a key jurisdiction making moves to update its landmark AI protections and the state data privacy law patchwork expanding for the first time in nearly two years. 

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GAO Says OMB Should Give More AI Privacy Guidance

By Ganesh Setty

The Office of Management and Budget should do more to address privacy risks associated with government adoption of artificial intelligence, the U.S. Government Accountability Office said in a new report, after OMB instructed agencies to take a "pro-innovation approach."

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DOL Says Visa Prevailing Wage Rule Would Add $6.5B In Pay

By Benjamin Morse

The U.S. Department of Labor proposed a rule that could drive roughly $6.5 billion in additional annual wages to foreign workers by overhauling how prevailing pay is calculated across high-skilled visa programs.

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FCC Can't Waive TV Broadcast Cap For Nexstar, DC Circ. Told

By Christopher Cole

Public interest and labor groups banded together with cable and satellite groups Friday to try convincing the D.C. Circuit that the Federal Communications Commission can't waive its 39% national audience cap to let the $6.2 billion merger of Nexstar and Tegna Inc. move forward.

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FCC Told It Can't Make Foreign Call Centers Speak English

By Nadia Dreid

The National Creditors Bar Association is not pleased with the Federal Communications Commission's plans to pass new rules that would require companies to make sure their foreign call center operators speak "American Standard English," saying the agency has no power over foreign employees.

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Networks Using Legacy TV As A 'Cash Cow,' Advocates Say

By Nadia Dreid

Networks see local TV stations as little more than "cash cows" and are "sucking the lifeblood out of television stations" by demanding increasingly higher fees in exchange for allowing them to air network content, a pair of media advocacy groups have told the Federal Communications Commission.

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Inventors Back Dolby's Interested-Party High Court Fight

By Adam Lidgett

A group representing inventors and entrepreneurs is supporting Dolby's bid to have the U.S. Supreme Court review a Federal Circuit dismissal of the company's appeal of a Patent Trial and Appeal Board proceeding it won, citing the importance of knowing which parties are behind a patent challenge.

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Guests Ask High Court To Review Vegas Hotel Pricing Suit

By Matthew Perlman

Las Vegas hotel guests are asking the U.S. Supreme Court to review a Ninth Circuit ruling that refused to revive their proposed class action accusing casino-hotel operators of using software from Cendyn Group to illegally inflate room rates.

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BMW Facing ITC Trade Secrets Probe Of Infotainment Screens

By Jack McLoone

The U.S. International Trade Commission has opened an investigation into BMW's imports of what are known as infotainment screens, acting on a California technology company's allegations that the German vehicle manufacturer misappropriated its trade secrets to develop a cheaper option.

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Uber Crash Liability Case Review Denied By Texas High Court

By José Luis Martínez

The Texas Supreme Court on Friday declined to review a case brought by passengers injured in a car crash during a trip arranged through Uber Technologies Inc.'s app, leaving intact a lower court ruling rejecting their liability claims and finding that the company's drivers are independent contractors under state law.

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Atty Sanctioned For AI Hallucinations In Workers' Comp Row

By Gianna Ferrarin

A New Jersey appellate court on Friday ordered an attorney to pay $1,000 in sanctions for failing to rectify AI-hallucinated case citations pointed out to him in an appeal concerning reimbursement sought by a workers' compensation carrier.

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Pa. Panel Rejects Proposed Verizon Tower In Pittsburgh

By Nadia Dreid

Verizon won't be able to build a 100-foot monopole in Pittsburgh after a Pennsylvania state court panel said that a local council was within its rights to revoke the permission it had given the mobile behemoth after it failed to get the requisite permits.

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Uber Again Says It's A Tech Co., Not A Transportation Provider

By Jonathan Capriel

Uber is once again fighting efforts to frame it as a transportation provider that owes a duty of safety to passengers, telling the California federal court overseeing multidistrict litigation over sexual assault liability that it only operates a technology platform.

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Meta Reads WhatsApp Users' Messages, Class Action Claims

By Bonnie Eslinger

Meta Platforms Inc. read and stored the messages of WhatsApp users' in violation of the law and of promises that the communications would only be viewable by the sender and recipient of the messages, according to a putative class action filed in California federal court.

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Vital Farms' New Software Cracked Its Revenue, Suit Says

By Sydney Price

Pasture-raised eggs producer Vital Farms was hit with a proposed shareholder class action Friday in Texas federal court alleging the company misled investors about a software system rollout that disrupted shipments to retailers and triggered a stock drop when its impact was revealed.

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NC Biz Court Bulletin: Judge Exits, Duke Ducks Climate Suit

By Hayley Fowler

The North Carolina Business Court saw an unexpected shakeup with one judge's retirement, rendered a pivotal decision in a first-of-its-kind climate change case against Duke Energy and oversaw a trial between the feuding owners of a commercial bed skirt company.

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UK Litigation Roundup: Here's What You Missed In London

By Laura Stewart Liberty

The past week in London has seen Apple hit back at a tech company's wireless charging patent claim, a flurry of businesses bring COVID-19 pandemic insurance claims as a key deadline draws closer and Ipulse Partners LLP file a claim against a luxury yacht company it represented in a trademark dispute. Here, Law360 looks at these and other new claims in the U.K.

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Latest Inflection Point SPAC Leads 3 Offerings Totaling $520M

By Jade Martinez-Pogue

Inflection Point Acquisition VI, the latest special purpose acquisition company led by Chairman Michael Blitzer, began trading publicly on Friday after raising $220 million in its initial public offering, marking the largest of three SPACs to hit the public markets Friday, totaling $520 million.

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Kalshi Sued By Wash. AG In Latest 'Illegal Gambling' Case

By Rachel Riley

The Washington state attorney general accused Kalshi Friday of operating an illegal online betting platform under the guise of a prediction market, joining a growing number of states that have taken court action against the company over alleged gambling law violations.

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Brief

FCC Bars Another Chinese Test Lab Over Security Risk

By Christopher Cole

The Federal Communications Commission on Friday pulled the accreditation of another Chinese communications device testing lab due to concerns about Chinese state government control.

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Massumi & Consoli Launches New Office In Orange County

By James Mills

Massumi & Consoli LLP is expanding its California presence, opening an Orange County office to satisfy growing client demand.

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1st AI Acquisition Regulation Raises Contractor Concerns

The General Services Administration’s recently published contract clause addressing artificial intelligence systems is problematic in a number of ways, underscoring the complex legal and practical issues that will need to be addressed as AI becomes more widely deployed in federal contracting, say attorneys at Haynes Boone.

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Grammarly Suit Flags Right Of Publicity As Key AI Issue

Angwin v. Superhuman Platform, filed recently in New York federal court against the parent company of Grammarly, highlights an overlooked question for any company using artificial intelligence — whether someone's identity has been used for commercial purposes without consent, possibly violating rapidly shifting state right-of-publicity laws, says Nicholas Schneider at Eckert Seamans.

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State Carbon Cost Disparities Are Pivotal In Data Center Siting

When choosing U.S. data center locations, developers must carefully consider the patchwork of state and regional carbon emission pricing regimes that are layered on top of the federal permitting framework, creating compliance cost differentials that could add up to billions of dollars, say attorneys at Davis Graham.

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8 Tariff Refund Questions For Restructuring Professionals

For restructuring and turnaround professionals, seeking refunds following the U.S. Supreme Court's recent decision invalidating tariffs imposed under the International Emergency Economic Powers Act raises several questions about how to capture legitimate recoveries while protecting an enterprise from the consequences of its own history, says Jonny Frank and Laura Greenman at StoneTurn, and Andrew Popescu at Province.

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Series

Watching Hallmark Movies Makes Me A Better Lawyer

I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

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Firms Targeted By Trump Urge DC Circ. To Uphold EO Rulings

By Alison Knezevich

Four law firms targeted last year by President Donald Trump urged the D.C. Circuit on Friday to affirm lower court rulings that struck down executive orders restricting their ability to practice law, saying the directives blatantly violate the Constitution.

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Ex-Williams & Connolly Clerk Accused Of Posting Client Info

By Hailey Konnath

A former Williams & Connolly LLP clerk has been posting confidential firm information — including client information and work email exchanges — and he's threatening to "keep leaking" the materials, which he called "a fun read," according to a suit filed in District of Columbia Superior Court.

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BigLaw Races To Capture Expanding Fund Finance Market

By Kevin Penton

Debt financing work at the fund level has long been dominated on the lender side by attorneys from Cadwalader Wickersham & Taft LLP, Haynes Boone and Mayer Brown LLP, but other firms are increasingly crafting formal practices and poaching fund finance stars from the more established players.

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NJ Federal Judge DQs Beasley Allen In J&J Talc MDL

By Emily Sawicki

A New Jersey federal judge has disqualified the Beasley Allen Law Firm from representing hundreds of plaintiffs in sprawling multidistrict litigation over Johnson & Johnson's talc-based baby powder, holding that the firm violated ethics rules by collaborating with former outside counsel for J&J, a ruling the law firm has vowed to appeal.

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Apollo, BlackRock Deny Asking Kirkland To Abandon Optimum

By Tracey Read

Apollo, Ares, BlackRock and other major financial companies have denied Optimum Communications' claims accusing them of "bullying" Kirkland & Ellis LLP into withdrawing as the telecommunications company's transaction counsel to get revenge for a collusion lawsuit filed in New York federal court.

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Brief

Amazon Swaps MoFo In, Perkins Coie Out In Cooker Suit

By Ben Adlin

Amazon.com LLP switched counsel Friday in a customer's product defect suit accusing the retail giant of selling a faulty pressure cooker that allegedly malfunctioned and caused her severe burns, substituting two Morrison Foerster LLP attorneys in place of an outgoing Perkins Coie LLP lawyer.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

A federal judge has stopped the Pentagon from dropping AI giant Anthropic from the government's supply chain, and Latham & Watkins ranked first in a survey of in-house legal leaders on which law firms are most helpful in developing business, followed by King & Spalding, Jones Day and Ropes & Gray.

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Law360's Legal Lions Of The Week

By Kevin Penton

The Lanier Law Firm, Kiesel Law LLP, Panish Shea Ravipudi LLP, Wagstaff & Cartmell LLP and Beasley Allen Law Firm lead this week's edition of Law360 Legal Lions, after a California state jury in a bellwether trial found Meta and Google liable for harming the mental health of a woman who says she became addicted to their social media platforms as a child.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Mich. Judge Signals No Stay If Attys Exit Retaliation Suit

By Melanie Dorsey

A Michigan federal judge said Friday she is not inclined to pause a long-running sexual harassment suit again if counsel for an attorney who is suing her ex-mentor and former firm are allowed to withdraw, telling the parties, "We've been here. We've done this," as she heard arguments over a motion to exit the case.

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Mayer Brown's $21M Fee Bid In RI Truck Tolls Suit Rebuffed

By Linda Chiem

A Rhode Island federal judge on Friday rebuffed Mayer Brown LLP's bid for $21 million in attorney fees for representing the commercial trucking industry's lead trade group in long-running litigation over the state's truck tolling program, saying the American Trucking Associations ultimately was not the "prevailing party."

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