The U.S. Supreme Court handed workers a big win Wednesday by preserving a six-year deadline to file ERISA class actions as the standard, but employers have already seized on language in Justice Samuel Alito's opinion as a road map for how to impose a shorter deadline.
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Thursday, February 27, 2020 Follow Technology Law360

TOP NEWS

Analysis

Employers Lose Intel High Court Suit But Get Gift From Alito

The U.S. Supreme Court handed workers a big win Wednesday by preserving a six-year deadline to file ERISA class actions as the standard, but employers have already seized on language in Justice Samuel Alito's opinion as a road map for how to impose a shorter deadline.

Opinion attached | Read full article »

Breach At Face Recognition Co. Exposes List Of Gov't Clients

Clearview AI, a facial recognition startup already under scrutiny for its data-collection practices, said Wednesday its entire list of customers was exposed in a breach that its attorney called "part of life in the 21st century."

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YouTube Beats Conservative Group's Free Speech Suit

The Ninth Circuit rejected a lawsuit Wednesday that claimed Google's YouTube is violating the First Amendment by censoring conservative content, ruling that the site's "ubiquity" did not transform it into a public forum.

Opinion attached | Read full article »

Huawei Judge Details Why DOJ Work Led To Sidley Atty's DQ

A New York federal judge gave a fuller explanation of why she disqualified a Sidley Austin LLP partner from representing Huawei in a criminal bank fraud case, saying an investigation the lawyer had been involved with as a deputy attorney general was too closely related to the case at hand.

Order attached | Read full article »

PTAB Axes Nasdaq Trading Patent Under Alice In CBM

The Patent Trial and Appeal Board has struck down a Nasdaq electronic trading patent in a covered business method review, finding that the patent covers the abstract idea of routing messages to processors under the U.S. Supreme Court's Alice test.

Decision attached | Read full article »

POLICY & REGULATION

Senators Call On NIH To Gauge Tech's Impact On Kids

A bipartisan group of U.S. senators has asked the National Institutes of Health to look into the long-term impact on children's well-being from the cumulative hours they spend on technology such as smartphones every day.

Letter attached | Read full article »

Agencies Not Keeping Up With Cybersecurity Upgrades: GAO

Industry-specific agencies such as the Department of Transportation have not been doing a great job keeping up standards for improving critical infrastructure cybersecurity or creating a system to track their progress, the U.S Government Accountability Office has said in a report.

Report attached | Read full article »

LITIGATION

Judge OKs $18.5M Deal Ending Payday Loan Dispute

A Virginia federal judge ordered preliminary approval Tuesday of an $18.5 million settlement of claims that a former Google executive's financial technology company and a tribal corporation stuck consumers with payday loans carrying triple-digit interest rates.

Order attached | Read full article »

Fort Worth Air Traffic Center Ducks Claims In Fatal Crash Suit

A Texas federal judge trimmed a $40 million wrongful death suit alleging ill-trained air traffic controllers in Fort Worth caused a fatal 2015 crash of an aircraft that lost engine power, saying the air traffic controllers acted within their discretion.

Order attached | Read full article »

TiVo Asks For Rehearing After PTAB 'Overlooked' Arthrex

A TiVo unit is asking the Patent Trial and Appeal Board's precedent-setting panel to rehear decisions to review its patents for a TV program guide challenged by Comcast, saying the reviews should be denied or paused until the issues in the recent Arthrex ruling are resolved.

3 documents attached | Read full article »

Emulex Again Fends Off Investor Suit Over $606M Deal

A Los Angeles federal judge has again dismissed a putative securities class action alleging Emulex Corp. concealed that Avago Technologies Ltd.'s $606 million acquisition offer was too low, saying the case still failed to pass muster after the Ninth Circuit ordered him to evaluate it under a different standard.

Order attached | Read full article »

Data Provider Sportradar Targeted In New MLB Cheating Suit

Major League Baseball's distributor of real-time statistics Sportradar on Wednesday was hit in the latest proposed class action from daily fantasy sports contestants over the Houston Astros' and Boston Red Sox's alleged sign-stealing cheating scandal, with the suit saying the company had a duty to monitor the integrity of the data it provided to daily fantasy sports operators.

Complaint attached | Read full article »

DEALS

US Approves $300M Fire Control System Sale To Jordan

The Pentagon said Wednesday that the U.S. Department of State had approved a $300 million sale of fire control system software to Jordan.

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Simpson Thacher Steers Corsair To $1B Tech-Focused Fund

Private equity firm Corsair Capital, working with Simpson Thacher, has wrapped up its fifth fund after securing $1 billion from limited partners, with plans to target investments in technology companies, including in areas like payments and software.

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Kirkland Reps PE Firm In Closing Of $531M Tech Fund

Guided by Kirkland & Ellis, a private equity firm that focuses on investing in bootstrapped, business-to-business software companies has closed its fifth fund, raising $531 million and bringing the total amount of money raised for all of its funds to $1.2 billion, it said Wednesday.

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Hoberman Steers Tech Co. Unqork In $131M Funding Round

Technology startup Unqork, represented by Hoberman Law Group, on Wednesday said it has raised additional funds from investors including a Goldman Sachs division to hit $131 million in the final close of its Series B round.

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Michael Best Gobbles Austin Firm To Boost Startup Muscle

In a move to expand its startup and emerging company offerings in Austin, Texas, Michael Best & Friedrich has acquired local boutique RWR Legal, bringing on three corporate and securities lawyers.

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Real Estate Rumors: Wells, MMG Equity, Horizon Therapeutics

Wells Fargo is reportedly leading a $973 million financing round for the Manhattan St. John's Terminal project, MMG Equity Partners is said to have sold a Florida shopping center for $22.7 million and Horizon Therapeutics has reportedly paid $115 million for an Illinois office campus.

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BANKRUPTCY

Robot 'Telepresence' Biz Hits Ch. 11 Hoping To Sell

California-based “telepresence” robot developer Suitable Technologies Inc. sought Chapter 11 protection in Delaware early Wednesday, aiming for a sale of assets and intellectual property after the founder’s spouse sought an injunction over an earlier, allegedly low-ball, private sale agreement.

Declaration attached | Read full article »

EXPERT ANALYSIS

New Foreign-Influence Considerations For US Research Orgs

Given the substantial enforcement activity related to foreign influence on U.S. government-sponsored research, institutions will likely need to develop enhancements to their existing compliance infrastructure, say Michael Vernick and Marta Thompson at Hogan Lovells.

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What Companies Should Know About Direct Listings

Several recent and pending direct listings have shone a spotlight on the benefits and limitations of this alternative to traditional initial public offerings as an exit strategy for late-stage companies, says Louis Lehot of L2 Counsel.

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A Brief Guide To Federal And State Cybersecurity Enforcement

With increasingly costly data breaches occurring at alarming rates, companies may face investigations from a variety of different federal and state enforcers with different authorities, standards and goals, so properly managed investigations are critical, say Viola Trebicka and Serafina Concannon at Quinn Emanuel.

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Solutions To 4 Common Law Firm Diversity Challenges

A workshop recently held by the California Minority Counsel Program provides steps law firms can take toward solving minority attorneys' limited access to social capital and lack of meaningful investment, as well as other obstacles to diversity and inclusion, says Alexandra DeFelice, director of marketing and business development at Payne & Fears.

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LEGAL INDUSTRY

GCs Hungrier Than Ever For Outside Counsel Data

In-house attorneys at Microsoft Corp. often ask each other for outside counsel recommendations, but soon enough, they’ll be able to review which lawyers to consider — or steer clear of — with a few clicks of a button.

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Fed. Judge's Misconduct A 'Shock' To Kansas Colleagues

A Kansas federal judge told lawmakers Wednesday that revelations about a colleague's pervasive sexual harassment of employees and affair with a felon were "an absolute shock" to other judges in the district.

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Analysis

Ginsburg Outpacing Colleagues In Opinion-Writing This Term

Despite some recent health scares, U.S. Supreme Court Justice Ruth Bader Ginsburg is showing no signs of slowing down. The 86-year-old jurist has written more opinions than any of her colleagues in argued cases so far this term, including every single dissent.

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Cellino & Barnes Feud Sparks Bias Suit From Girlfriend

Amid the breakup of New York personal injury firm Cellino & Barnes, one of its attorneys is now accusing partner Ross M. Cellino Jr. of cheating her out of a share of a landmark settlement based on her romantic relationship with Stephen E. Barnes.

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Oasis Founder Drops Bid To Revive Kirkland, Littler Suit

A founder of litigation funder Oasis Financial has withdrawn a bid to revive a lawsuit claiming Kirkland & Ellis LLP and Littler Mendelson PC steered Oasis' private equity sale using fraudulent transaction documents, while improperly keeping its minority co-owners out of the loop until the sale was final.

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Trump Taps Judges For Trial Courts In Ohio, Wis.

President Donald Trump on Wednesday selected federal magistrate, bankruptcy and state court judges for lifetime appointments to U.S. district court seats in Ohio and Wisconsin, continuing his efforts to reshape the judiciary at the trial court level.

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Pa. Bar Groups Decry Court Attacks After Trump Recusal Call

After President Donald Trump called for U.S. Supreme Court Justices Sonia Sotomayor and Ruth Bader Ginsburg to recuse themselves in "all Trump or Trump-related matters," both the Pennsylvania and Philadelphia bar associations issued statements Wednesday decrying what one called "unwarranted attacks" on the judiciary.

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NY Courts To Drop Bar Applicant Questions On Mental Health

In her annual “state of the judiciary” address, New York’s chief judge on Wednesday said the courts would drop a bar applicant question about their mental health and treatment.

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Opioid Judge Rips Pharmacies' 'Ironic' Push To Halt Discovery

The Ohio federal judge overseeing multidistrict litigation over the opioid crisis told the Sixth Circuit that pharmacies looking to block nationwide discovery are contradicting themselves by raising privacy concerns when they've tried to pry sensitive health data from plaintiffs in the past.

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Fla. Law Firm Wants Unpaid Fees From Litigious Porn Studio

A Florida law firm is demanding nearly $300,000 in allegedly unpaid legal fees from a pornography studio that has filed thousands of copyright lawsuits against internet downloaders, according to a filing made Wednesday in West Palm Beach federal court.

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Ex-Bryan Cave Partner Joins Crypto Co. Bitstamp As CLO

A former U.S. attorney in Pennsylvania and onetime Bryan Cave Leighton Paisner LLP partner joined cryptocurrency trading platform Bitstamp as its chief legal officer, the company said in a release Wednesday.

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Law Firm Leaders: Porter Hedges' Robert Reedy

Robert Reedy has served as managing partner of Houston-based Porter Hedges for the last decade and plans to step down when his term ends in 2024. Here, Reedy chats with Law360 about succession planning, his goals for his final four years as managing partner, and the perks of being a law firm in Texas.

Read full article »

JOBS
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Law360 Practice Groups of the Year

COMPANIES

Airbnb Inc.

American Bar Association

Anthem Inc.

Arthrex Inc.

Asana Inc.

Bitstamp Ltd.

BlackRock Inc.

BlueChip Financial

Boston Red Sox

Boston Scientific Corp.

CVS Health Corp.

Cisco Systems Inc.

Comcast Corp.

D-Link Corporation

Emulex Corporation

Equifax Inc.

Facebook Inc.

FanDuel Inc.

Financial Industry Regulatory Authority Inc.

First American Financial Corp.

Giant Eagle Inc.

Gilead Sciences Inc.

Goldman Sachs Group Inc.

Google Inc.

Horizon Therapeutics PLC

Houston Astros

Huawei Technologies Co. Ltd.

IEX Group Inc.

Intel Corp.

International Business Machines Corp.

Jackson Hewitt Tax Service Inc.

Ketchum Inc.

LexisNexis Group

Liberty Mutual Insurance Group

Major League Baseball Inc.

Microsoft Corp.

NASDAQ OMX Group Inc.

NYSE Holdings LLC

NetApp Inc.

New York State Bar Association

Newsweek/Daily Beast Co. LLC

Oxford Properties Group

Payward Inc.

Pennsylvania Bar Association

Phillip Capital Inc.

Premera Blue Cross

RELX PLC

Rite Aid Corp.

Slack Technologies Inc.

Spotify Technology SA

Stout Risius Ross LLC

Takeda Pharmaceutical Co. Ltd.

TiVo Corp.

Twitter Inc.

University of Toledo

Verizon Communications Inc.

Voya Financial Inc.

Wal-Mart Stores Inc.

Walgreens Co.

Wells Fargo & Co.

Wyndham Destinations Inc.

YouTube Inc.

ZestFinance Inc.

LAW FIRMS

Advisors LLC

Austin LLP

Bailey & Glasser

Banner Witcoff

Bartlit Beck

Berger Montague

Block & Leviton

Browne George

Bryan Cave Leighton Paisner

Cavitch Familo

Cellino & Barnes

Cohen Milstein

Consumer Litigation Associates PC

Dinsmore & Shohl

Eversheds Sutherland

Fiore & Barber

Foley & Lardner

Gupta Wessler

Hogan Lovells

Jenner & Block

Jones Day

Kirkland & Ellis

Korein Tillery

Latham & Watkins

Lewis Wagner

Littler Mendelson

Lockridge Grindal

Lomnitzer Law

Lucas Magazine

Manatt Phelps

Marcus & Shapira

McDermott Will

McGuire Law PC

Michael Best

Modus Law

Monteverde & Associates

Morgan Lewis

Morrison & Foerster

Motley Rice

Munger Tolles

Napoli Shkolnik

Payne & Fears

Porter Hedges

Porter Wright

Quinn Emanuel

Ressler & Wynne Ressler

Robison Curphey

Ropes & Gray

Schlichter Bogard

Schneider Wallace

Sidley Austin

Simmons Hanly

Simpson Thacher

Skadden

Spangenberg Shibley

Sterne Kessler

Terrell Marshall

Thomas Whitelaw

Williams & Connolly

Williams Mullen

Wilson Sonsini

Young Conaway

Zuckerman Spaeder

GOVERNMENT AGENCIES

Commodity Futures Trading Commission

Consumer Financial Protection Bureau

Dallas Fort Worth International Airport

Defense Security Cooperation Agency

Department of Commerce

European Union

Executive Office of the President

Federal Aviation Administration

Federal Bureau of Investigation

Federal Reserve System

Federal Trade Commission

Government Accountability Office

NATO

National Institute of Standards and Technology

National Institutes of Health

New Jersey Attorney General's Office

Securities and Exchange Commission

U.S. Attorney's Office

U.S. Bankruptcy Court for the District of Delaware

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Defense

U.S. Department of Energy

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of State

U.S. Department of the Interior

U.S. District Court for the Central District of California

U.S. District Court for the District of Minnesota

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Florida

U.S. General Services Administration

U.S. Patent and Trademark Office

U.S. Secret Service

U.S. Supreme Court

United States District Court for the Northern District of Ohio