The Ninth Circuit on Wednesday affirmed the dismissal of a case brought by a group of anonymous programmers who accused OpenAI and Microsoft of taking source code from public repositories on GitHub, ruling that the programmers had not sufficiently put the court on notice that they wished to pursue a theory related to artificial intelligence inputs.
Law360
Technology
THURSDAY, SEPTEMBER 17, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

MICROSOFT-OPENAI_PHOTO-ILLUSTRATION_11366.jpg

9th Circ. Backs OpenAI, Microsoft Win Over Source Code Suit

By Elliot Weld

The Ninth Circuit on Wednesday affirmed the dismissal of a case brought by a group of anonymous programmers who accused OpenAI and Microsoft of taking source code from public repositories on GitHub, ruling that the programmers had not sufficiently put the court on notice that they wished to pursue a theory related to artificial intelligence inputs.

Opinion attached | Read full article » | Save to favorites »

EOFlow Says Fed. Circ. Right To Ax $59M Trade Secret Verdict

By Adam Lidgett

EOFlow Co. Ltd. says the Federal Circuit shouldn't rethink a panel's decision allowing it to escape a $59.4 million trade secret judgment, saying insulin product developer Insulet Corp. is trying to dress up factual disputes as issues needing the full court's attention.

Brief attached | Read full article » | Save to favorites »

Post-Cambridge Analytica Investigation Unserious, Jury Told

By Cara Salvatore

New Mexico jurors heard testimony Wednesday from a former Facebook employee that the social media giant's investigation of third-party app developers after the Cambridge Analytica scandal was weakened by executive anger over the cost and pressure for it to wrap up, among other things.

Read full article » | Save to favorites »

Apple Backs Its $132K Fee Ask Over 'Bad Faith' Subpoenas

By Bonnie Eslinger

Apple has urged a California federal magistrate judge to grant its $132,700 attorney fee request as a sanction against plaintiff consumers' lead lawyer in antitrust litigation claiming Google muscles out rival search engines, but said Apple's counsel doesn't want to disclose their "highly and competitively sensitive" negotiated legal rates.

Statement attached | Read full article » | Save to favorites »

OpenAI Users Say 'Strangers' Review Millions Of Private Chats

By Hailey Konnath

A pair of ChatGPT users filed a proposed class action against OpenAI on Wednesday, alleging that OpenAI misled them about how private their conversations with the chatbot really are because millions of conversations are reviewed by "strangers" at third-party companies without user consent.

Complaint attached | Read full article » | Save to favorites »

Calif. AI Law Requires Ads To Disclose 'Synthetic Performers'

By Rae Ann Varona

Advertisements shown in California that feature artificial intelligence-generated actors must explicitly disclose that such "synthetic performers" were used under a new SAG-AFTRA-backed bill that California Gov. Gavin Newsom signed into law Wednesday.

Read full article » | Save to favorites »

POLICY & REGULATION

House Clears Russia Sanctions Bill With New Tariff Powers

By Dylan Moroses

The U.S. House of Representatives approved legislation Wednesday that would enhance President Donald Trump's economic tools to pressure Russia and Iran, including new tariff authorities to impose duties on imports from countries found to economically support Russia, sending the bill to his desk.

Read full article » | Save to favorites »

Senate Committee OKs Free Speech Bill Despite AI Worries

By Nadia Dreid

A bipartisan bill aimed at preventing the government from leaning on media companies to suppress the speech of third parties made it through committee Wednesday morning, but not until the leadership of the U.S. Senate Commerce Committee went head-to-head with each other on the matter.

Read full article » | Save to favorites »

State Bank Supervisor Group Issues AI Exam Framework

By Jon Hill

The Conference of State Bank Supervisors on Wednesday unveiled a new oversight framework for artificial intelligence at financial firms, rolling out resources aimed at giving state examiners a common roadmap for reviewing how their regulated institutions are deploying the technology.

Read full article » | Save to favorites »

FCC Members See Progress On Opening Gov't Spectrum

By Christopher Cole

Federal Communications Commission leaders on Wednesday touted progress toward the government's goal of transitioning unused federally held airwaves to the private sector to spur wireless industry growth.

Read full article » | Save to favorites »

Va. DOT Warns FCC Deadlines For Permits May Be Too Short

By Aneeta Mathur-Ashton

The Virginia Department of Transportation has warned the Federal Communications Commission that a plan to limit state and local telecom permit reviews to 120 days might not offer enough time, especially if service providers' applications are faulty.

Comments attached | Read full article » | Save to favorites »

EU Eyes Canada As First Associate Member Amid Rift With US

By Dylan Moroses

The European Union may take steps to include Canada as its first associate member in the wake of growing U.S. trade uncertainty, European Commission President Ursula von der Leyen said Wednesday.

1 document attached | Read full article » | Save to favorites »

LITIGATION

Solar Co. Users Seek OK On $15M Deal To End Defect Claims

By Mike Curley

A proposed class of solar panel users is asking a Wisconsin federal court to give final approval to a $15 million settlement to end claims that components of the solar systems are defective and prone to overheating.

2 documents attached | Read full article » | Save to favorites »

OE Fed Credit Union's $2.3M 'Boilerplate' Breach Deal Denied

By Bonnie Eslinger

A California federal judge on Wednesday withheld preliminary approval for a $2.3 million settlement over a cyberattack on OE Federal Credit Union, blasting the filing for its "boilerplate language" and "generic statements" and saying it lacked information to determine whether it's a good deal for the consumer class members.

Order attached | Read full article » | Save to favorites »

Tenn. Must Face Adult-Entertainment Groups' Age-Check Suit

By Aneeta Mathur-Ashton

A federal judge in Tennessee has ruled that the state must face a suit from free speech advocates, an individual adult-content creator and adult-entertainment industry groups claiming a state law requiring age checks violates their First Amendment rights.

Order attached | Read full article » | Save to favorites »

Vanguard Trims But Can't Shake Users' Data Tracking Suit

By Craig Clough

A Pennsylvania federal judge tossed federal wiretapping and California invasion of privacy claims brought against investment management company Vanguard in a user class action over third-party tracking and sharing of data, but allowed the plaintiffs to amend the suit while keeping a state-based wiretapping claim alive. 

Memorandum attached | Read full article » | Save to favorites »

Zillow Must Arbitrate MLS Claims, Compass Claims Paused

By Matthew Perlman

An Illinois federal court has refused Zillow's request for an injunction in its case accusing a Chicago-area multiple listing service of working with Compass to block access to home listings and sent the claims against the MLS to arbitration.

2 documents attached | Read full article » | Save to favorites »

Apple, Google, Samsung Face New ITC Probe Over Audio IP

By Adam Lidgett

The U.S. International Trade Commission on Wednesday said it will review BoomCloud 360's claims that Google, Apple and Samsung have imported electronic devices that infringe a trio of patents owned by the spatial audio technology company.

2 documents attached | Read full article » | Save to favorites »

Xonar Wins Del. Chancery Fight Over Ex-Director's Ouster

By Jarek Rutz

The Delaware Chancery Court has ruled that security screening company Xonar properly removed a member of its board, finding stockholder consent that the company later obtained could be combined with earlier votes to establish the required majority.

Opinion attached | Read full article » | Save to favorites »

Tesla, SpaceX Say Terafab Plant Doesn't Infringe Startup's TM

By Gina Kim

Tesla and SpaceX asked a Texas federal judge to find their planned "Terafab" semiconductor manufacturing facility doesn't infringe nanotechnology startup TERA-print's marks, arguing in a declaratory judgment action Tuesday the likelihood of confusion is "vanishingly small" as the parties' products, clients and commercial contexts are completely different. 

Complaint attached | Read full article » | Save to favorites »

DEALS

DLA Piper, Latham Steer $1.4B Driverless Vehicle SPAC Deal

By Al Barbarino

May Mobility and blank check company ACP Holdings Acquisition Corp. said Wednesday they have agreed to merge in a deal that would take the autonomous vehicle technology company public at a $1.4 billion pro forma enterprise value.

Read full article » | Save to favorites »

ENFORCEMENT

SEC Fines Ex-Okta Employees In Insider Trading Case

By Katryna Perera

Two former Okta sales managers have reached settlements with the U.S. Securities and Exchange Commission to resolve claims that they traded Okta stock on insider information before the company announced that its financial plan for the year needed adjustment.

2 documents attached | Read full article » | Save to favorites »

Portions Of DC Expert Report Nixed In Amazon Antitrust Case

By Aneeta Mathur-Ashton

A D.C. court has granted Amazon's request to strike parts of an expert report supporting the district's antitrust lawsuit against the e-commerce giant.

Order attached | Read full article » | Save to favorites »

FTX Exec's Wife Headed For Spring Campaign Finance Trial

By Stewart Bishop

A Manhattan federal judge on Wednesday set a new trial date for a crypto-lobbyist/attorney turned Republican congressional candidate who's accused of plotting with her husband, jailed former FTX executive Ryan Salame, to take illegal campaign cash from the bankrupt exchange.

Read full article » | Save to favorites »

States Say DOJ's RealPage Deal Doesn't Affect Their Claims

By Isaac Monterose

A group of states told a North Carolina federal court to reject property management software company RealPage Inc.'s argument that its rent price-fixing settlement with the federal government moots the states' antitrust claims.

Response attached | Read full article » | Save to favorites »

LEGAL TECH

Trading Software Co. Transient.AI Gains Nasdaq Investment

By Matt Perez

Transient.AI, an investment management platform for institutional trading, has announced an extension of its Series A funding round earlier this year with an investment from Nasdaq Ventures.

Read full article » | Save to favorites »

PEOPLE

Willkie Hires Ex-Akerman Data Center Pros For Dallas Office

By Isaac Monterose

Willkie Farr & Gallagher LLP has hired four former Akerman LLP real estate attorneys as partners for its data centers and digital infrastructure team in Dallas, the firm announced Wednesday.

Read full article » | Save to favorites »

NJ's Greenbaum Rowe Launches New Data Center Practice

By Nate Beck

New Jersey firm Greenbaum Rowe Smith & Davis LLP said Wednesday that it has launched a data center development and infrastructure practice to support lenders, operators, investors and other parties involved in developing the projects.

Read full article » | Save to favorites »

EXPERT ANALYSIS

What State AI Election Laws Mean For The 2026 Midterms

In the absence of federal rules governing artificial intelligence in elections and no consensus emerging across state laws, campaigns, their vendors and AI developers must address the risks associated with outdated rules written for other problems, says Matthew Shapanka at Covington.

Read full article » | Save to favorites »

Where AI Patent Risk Begins And How Records Can Help

The Federal Circuit's recent decision in Dental Monitoring v. Align highlights the importance of documenting how artificial intelligence-assisted inventions work, and how humans contributed, as such records can support inventorship, written description, eligibility and definiteness requirements, say attorneys at Sterne Kessler.

Read full article » | Save to favorites »

Why Pa. Push For Brownfield Renewables May Not Be Enough

A recent executive order from Pennsylvania Gov. Josh Shapiro directed state regulators to expedite siting of clean energy development on former industrial sites — but additional reforms may be needed to effectively eliminate barriers to these types of projects, says Louis Dodge at Langsam Stevens.

Read full article » | Save to favorites »

Illinois Domestic Violence Law Expands Employer Obligations

With a new Illinois law expanding domestic violence protections by redefining harassment for the digital age and making protective orders more accessible, employers should review their policies and training programs as they will likely encounter more orders and a wider range of workplace restrictions, say attorneys at Nixon Peabody.

Read full article » | Save to favorites »

Series

Law School's Missed Lessons: Cultivating Good Judgment

Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

Read full article » | Save to favorites »

LEGAL INDUSTRY

Burford Exec, Holland & Knight Adviser Open AI-Native Firm

By Andrea Keckley

Two veterans of the legal industry announced on Wednesday that they have teamed up to launch FairPlay Law, an AI-native firm based in Manhattan and focused on representing employees.

Read full article » | Save to favorites »

Michael Best Combines With NY-Based Kane Kessler

By Kevin Penton

Michael Best & Friedrich LLP announced Wednesday that it is combining with New York-based firm Kane Kessler PC, adding 36 attorneys and a Big Apple presence to a firm that ranked 143rd on Law360's list of the nation's largest law firms.

Read full article » | Save to favorites »

Protesters Say Feds' Fight Shows Need For Misconduct Probe

By Lauraann Wood

The U.S. government's opposition to a special investigation of prosecutorial misconduct that "poisoned" a now-dismissed criminal conspiracy case suggests Chicago prosecutors are still shielding critical details regarding the extent of official communications preceding the prosecution, underscoring the probe's necessity, protesters argued Tuesday.

Response attached | Read full article » | Save to favorites »

Newman Saga Prompts Bill To Limit Judicial Suspensions

By Courtney Bublé

The long-running saga over Federal Circuit Judge Pauline Newman's fitness to remain on the court has exposed "major flaws" in the judicial accountability system, according to a Republican member of the House who introduced a bill Wednesday to reform it.

Bill attached | Read full article » | Save to favorites »

Brief

Senate Panel Weighs 6 Trump Judicial Picks From Red States

By Courtney Bublé

Six nominees for U.S. district judge appeared before the Senate Judiciary Committee on Wednesday for their nomination hearing.

Read full article » | Save to favorites »

Slate blue promo that reads Law360 Pulse Pro Bono Leaders dark blue promo that reads 2026 Rising Stars

COMPANIES IN TODAY'S NEWS

Align Technology Inc.

Allegis Group Inc.

Amazon.com Inc.

American Association of Advertising Agencies Inc.

Amgen Inc.

Amphastar Pharmaceuticals Inc.

Apple Inc.

Association of National Advertisers Inc.

Bass Pro Shops

Bloomberg LP

Burford Capital LLC

Burke Inc.

CTIA

Cabela's Inc.

Camden Property Trust

Cantor Fitzgerald LP

Clearfield Inc.

Coalition Inc.

Compass Minerals International, Inc.

Conference of State Bank Supervisors

Cushman & Wakefield Inc.

Eli Lilly & Co.

Etsy Inc.

FTI Consulting Inc.

Fox Corp.

Generac Holdings Inc.

Generac Power Systems Inc.

GitHub Inc.

Google LLC

Insulet Corp.

Insulet Corporation

Interactive Advertising Bureau Inc.

Kohl's Corp.

LinkedIn Corp.

LogMeIn Inc.

Lyft Inc.

Meta Platforms Inc.

Michaels Stores Inc.

Microsoft Corp.

Midwest Real Estate Data LLC

Nasdaq Inc.

Okta Inc.

OpenAI OpCo LLC

PHE Inc.

PJM Interconnection LLC

Pinnacle Property Management Services

PricewaterhouseCoopers LLP

RealPage Inc.

Rensselaer Polytechnic Institute

Samsung Electronics Co. Ltd.

Sanofi

Screen Actors Guild-American Federation of Television & Radio Artists

Sequoia Capital Operations LLC

Space Exploration Technologies Corp.

Spectrum Management Holding Co.

Stroz Friedberg LLC

Tesla Inc.

The Vanguard Group Inc.

Thomson Reuters Corp.

Toyota Motor Corp.

Twitter Inc.

Uber Technologies Inc.

Zillow Group Inc.

LAW FIRMS IN TODAY'S NEWS

Akerman LLP

Alioto Law Firm

Almeida Law Group

Atlee Hall

Barnes & Thornburg

Boies Schiller

Bryson Harris Suciu & DeMay

Bursor & Fisher

Cahill Gordon

Carey Danis

Cheronis & Parente

Cleary Gottlieb

Cooley LLP

Cotsirilos Poulos

Covington & Burling

DLA Piper

Debevoise & Plimpton

DiCello Levitt

Dunn Isaacson Rhee

Eanet PC

Edelsberg Law

Eimer Stahl

Fish & Richardson

Gibson Dunn

Goodwin Procter

Greenbaum Rowe

Hausfeld LLP

Hogan Lovells

Holland & Knight

Kane Kessler

Katten Muchin

Kershaw Talley

Langsam Stevens

Latham & Watkins

Law Offices of Lawrence G. Papale

Lee Segui

Lieff Cabraser

Manatt Phelps

Mayer Brown

McDonald Hopkins

McGinn Montoya

Michael Best & Friedrich

Milberg PLLC

Morgan Lewis

Morrison & Foerster

Nedeau Law Firm

Nixon Peabody

O'Melveny & Myers

Oberheiden PC

Orrick Herrington

Paul Weiss

Pirkey Barber

Potter Anderson

Robinson Bradshaw

Russ August

Sandman Law LLC

Shamis & Gentile

Shook Hardy

Skadden Arps

Sterne Kessler

Strauss Borrelli

Sullivan & Cromwell

Taft Stettinius

Veen Firm

Venable LLP

Weil Gotshal

Williams & Connolly

Willkie Farr

WilmerHale

Wilson Sonsini

Womble Bond

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Department of Justice

Connecticut Attorney General's Office

Delaware Court of Chancery

European Commission

European Parliament

European Union

Executive Office of the President

Federal Communications Commission

Federal Election Commission

Federal Reserve System

Federal Trade Commission

Illinois Attorney General's Office

International Trade Commission

Minnesota Attorney General's Office

National Institute of Standards and Technology

National Telecommunications and Information Administration

New Mexico Attorney General's Office

North Carolina Department of Justice

Office of the Attorney General for the District of Columbia

Oregon Department of Justice

Patent Trial and Appeal Board

Pennsylvania Department of Environmental Protection

Tennessee Attorney General's Office

Texas Ethics Commission

U.S. Attorney's Office for the District of Massachusetts

U.S. Attorney's Office for the Northern District of Illinois

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Defense

U.S. Department of Justice

U.S. Department of the Treasury

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Alaska

U.S. District Court for the District of Columbia

U.S. District Court for the District of Hawaii

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

U.S. District Court for the Eastern District of Kentucky

U.S. District Court for the Eastern District of Pennsylvania

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

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

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

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

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

U.S. District Court for the Western District of Tennessee

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

U.S. Environmental Protection Agency

U.S. House of Representatives

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the Eastern District of Wisconsin

United States District Court for the Northern District of Oklahoma

Urban Redevelopment Authority of Pittsburgh

Virginia Department of Transportation