The Justice Department Antitrust Division and Federal Trade Commission are now 0-3 in their efforts to break up major technology companies, and with monopolization trials still ahead against Amazon.com and Apple, observers say a Virginia federal judge's newly unsealed ruling underscores the legal and practical difficulties of those efforts.
Law360
Technology
MONDAY, SEPTEMBER 21, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Analysis

Keeping Google Ad Tech Biz Intact 'Not A Close Call'

By Bryan Koenig

The Justice Department Antitrust Division and Federal Trade Commission are now 0-3 in their efforts to break up major technology companies, and with monopolization trials still ahead against Amazon.com and Apple, observers say a Virginia federal judge's newly unsealed ruling underscores the legal and practical difficulties of those efforts.

Read full article » | Save to favorites »

Analysis

AI 'Brainrot' Fight Tests Copyright, TM Reach Of Viral Memes

By Ivan Moreno

A bat-wielding wooden drum named Tung Tung Sahur is raising questions Mickey Mouse, Godzilla and James Bond never posed: Can a "brainrot" character created using artificial intelligence be protected by copyright, and can it later function as a trademark if it went viral before anyone used it as a brand?

Read full article » | Save to favorites »

FTC Chair Defends Overlapping Antitrust Authorities

By Matthew Perlman

Federal Trade Commission Chair Andrew Ferguson on Friday defended his agency's continuing role as an antitrust enforcer despite a U.S. Supreme Court decision that weakened the agency's independence and left it as beholden to the White House as its counterpart at the U.S. Department of Justice.

Read full article » | Save to favorites »

Stratasys Secures $27.6M After Printing Tech Patent Trial

By Adam Lidgett

American-Israeli 3D printing company Stratasys has won a $27.6 million verdict after a Texas federal jury found that a group of Chinese companies infringed a series of patents covering technology relating to 3D printing.

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

OpenAI Can't See SpaceXAI, Apple Antitrust Settlement Terms

By Ganesh Setty

OpenAI cannot access a confidential settlement between Elon Musk's SpaceXAI and Apple Inc. over SpaceXAI's antitrust lawsuit challenging Apple's integration of OpenAI's ChatGPT into its devices, a Texas federal court has ruled, finding the settlement isn't relevant to the case against OpenAI.

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

Facebook's Notes System Better Handles Misinfo, Exec Says

By Cara Salvatore

Meta's chief product officer told a New Mexico jury Friday that Facebook's switch from fact-checkers to crowdsourced notes helped combat misinformation, but he was also grilled about a Mark Zuckerberg email that supposedly envisioned "tricking" users into public posting.

Read full article » | Save to favorites »

Analysis

Attys 'Itching' To Join Congressional Probes Of Trump Admin

By Phillip Bantz

Efforts to recruit high-powered lawyers to Capitol Hill to potentially lead congressional committee probes into the various dealings of President Donald Trump's administration are gaining momentum as Democrats push to retake control of Congress in the quickly approaching midterm elections.

Read full article » | Save to favorites »

Analysis

Employers See Moving Targets With H-1B Fee, And New Limits

By Britain Eakin

The Trump administration on Friday ordered federal agencies to scrutinize H-1B employers that have laid off U.S. workers, adding another layer of uncertainty for employers seeking to recruit highly skilled foreign workers.

Read full article » | Save to favorites »

POLICY & REGULATION

FTC's Meador Touts Right-To-Repair Progress After Deere Case

By Aneeta Mathur-Ashton

Federal Trade Commissioner Mark Meador has hailed the commission's "progress" in right-to-repair enforcement during recent remarks before the National Farmers Union, touting the agency's July settlement in its case against John Deere.

Read full article » | Save to favorites »

FCC OKs Swedish Lawnmower Robots Amid Foreign Ban

By Nadia Dreid

For the first time since banning all foreign-made robots from being imported into the country, the Federal Communications Commission is making an exception for certain Swedish-made robotic lawnmowers.

Read full article » | Save to favorites »

Newsom Convenes AI Safety Panel To Mull 'Kill Switch' Law

By Hailey Konnath

California Gov. Gavin Newsom on Friday ordered the prompt creation of an artificial intelligence safety panel to hasten the implementation of various potential AI safety and security laws, including a proposed measure that would require companies to develop a "kill switch" for their AI models.

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

Brief

EU Continues Above-Average Pace Probing Trade Practices

By Jack McLoone

The European Union saw its uptick in trade defense measures carry on in 2025, continuing the previous year's trend of a "significant increase" in antidumping and antisubsidy investigations over the historic average, according to a report released Friday.

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

LITIGATION

4th Circ. Punts Decision On Forcing FCC Political Ad Ruling

By Christopher Cole

The Fourth Circuit deferred action Friday on a request from Democrats to force a Federal Communications Commission ruling on whether broadcasters have to charge the lowest broadcast ad rates for political committees tied to candidates.

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

3rd Circ. Refuses To Pause Daniel's Law Cases Amid Appeal

By Carla Baranauckas

The Third Circuit on Friday refused to pause discovery in consolidated litigation accusing data brokers of violating New Jersey's judicial privacy statute, known as Daniel's Law, while it considers a First Amendment challenge to the statute.

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

Mall, Gift Card Cos. Can Get Fees In Payment IP Suit

By Adam Lidgett

Shopping mall owner Simon Property Group and gift card company Blackhawk Network are entitled to fees from a patent-holding company after that company pursued an unreasonable infringement case over a card payment patent, a Texas federal magistrate judge has found.

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

Claims In Tech Exec's Stock Theft Suit Sent To Arbitration

By Katryna Perera

A New York federal judge has sent claims against a manager of lender W Management Services and agent SRT Capital SPC Ltd. to arbitration in a wide-ranging suit brought by an Aeva Technologies co-founder who alleges Credit Suisse provided "institutional cover" to conspirators who stole tens of millions of dollars.

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

Ga. High Court Stays Out Of Uber CEO Deposition Battle

By David Aaro

The Georgia Supreme Court rejected Uber's bid for review of trial court order refusing to block the deposition of the ride-hailing giant's CEO in a personal injury case, though several justices signed on to a concurrence that called the lower court's ruling "seriously flawed."

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

DoorDash Incentivizes Speeding Drivers, Ind. Panel Says

By Y. Peter Kang

An Indiana appeals court on Friday revived a negligence claim accusing DoorDash of fostering unsafe driving through its delivery platform, holding that the company may owe a duty of care to motorists allegedly harmed by business practices that incentivize speed and app use behind the wheel.

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

Roblox Struggles To Shake LA County Public Nuisance Suit

By Craig Clough

As a California judge appeared poised Friday to deny Roblox's bid to dismiss Los Angeles County's lawsuit alleging the child-focused gaming platform is a "hunting ground for predators," a company attorney encouraged him to at least trim some allegations on free speech grounds.

Read full article » | Save to favorites »

Apple Says Ex-Worker Took 33 Files, Wiped Mac For OpenAI

By Ivan Moreno

Apple has told a California federal judge that a former engineer now at OpenAI downloaded at least 33 confidential files from Apple's Box repository after his departure, wiped an Apple-owned computer before returning it, and later told another former Apple employee who had joined OpenAI to erase her device.

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

NJ Seeks Quick Win On TikTok's Money Transfers

By Joyce Hanson

New Jersey's attorney general urged a state court Friday to find TikTok liable for operating an unlicensed money transmission business via its livestreaming service, arguing the platform receives users' money, converts it into virtual currency and ultimately pays creators in cash.

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

Cannabis Tech Co. Says Ex-Workers Stole IP For New Venture

By Jonathan Capriel

Cannabis marketing company Alpine IQ Inc. and its chief executive are countersuing two former employees, accusing them of stealing code to build a competing product and urging a federal judge not to let them avoid claims they infringed the company's copyright.

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

DraftKings' Owner Urges PTAB To Invalidate Lutnick's Patent

By Dani Kass

The owner of DraftKings has asked the Patent Trial and Appeal Board to invalidate a mobile wagering system patent that lists U.S. Secretary of Commerce Howard Lutnick as its lead inventor.

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

Universal, Sony Expand IP Battle With AI Music Startup

By Carolyn Muyskens

Sony Music Entertainment and Universal Music Group launched a new suit against artificial intelligence company Suno Inc. on Friday after they discovered "millions" of copyrighted songs in the training data for an AI song generator, but were not permitted by a judge to add the works to an existing lawsuit.

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

Roblox, Fortnite Not Actually Classroom-Safe, Student Says

By Emily Field

A Florida teenager has sued online gaming platforms Roblox and Fortnite in California federal court, alleging that although the games are marketed as educational and safe for children — even in classrooms — his gaming addiction harmed his academic performance.

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

Spokeo Says Conn. Privacy Law Targets Protected Speech

By Brian Steele

A "first-of-its-kind" law allowing consumers to delete any online profile that contains their personal information singles out companies that publish publicly available material and imposes "draconian penalties" for speech, Spokeo Inc. and a slew of other people-search platforms said in a federal lawsuit against Connecticut's attorney general.

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

Brief

Lenovo Drops Laptop IP Suit Against Asus After ITC Loss

By Dani Kass

Lenovo has voluntarily dismissed its patent infringement suit against Asus, more than a year after the U.S. International Trade Commission held that ASUS' Zenbook laptop imports don't infringe many of the same patents.

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

Brief

Nike Drops Fitness Mirror Patent Case Against Lululemon

By Adam Lidgett

Nike has agreed to drop its suit alleging Lululemon's smart fitness mirror infringed six patents, a move that follows Patent Trial and Appeal Board rulings that invalidated claims across the patents.

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

DEALS

Paramount Gets Foreign Investment Nod For $110B WBD Deal

By Al Barbarino

The Federal Communications Commission has approved a Paramount Skydance request to permit foreign ownership as part of its $110 billion plan to buy Warner Bros. Discovery. 

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

Roundup

Taxation With Representation: Davis Polk, Latham, Sullivan

By Zak Kostro

In this week's Taxation With Representation, a group backed by Michael Dell's family office and Sequence Holdings acquires a majority interest in The Baldwin Group, May Mobility merges with a blank check company, and Infineon Technologies sells its memory chip business to Winbond Electronics.

Read full article » | Save to favorites »

BANKRUPTCY

Fed 'Risk Aversion' Contributed To SVB's Failure, Report Says

By Jon Hill

A "culture of risk aversion" and diffusion of decision-making among Federal Reserve supervisory staff, not deregulation or social media chatter, contributed to the 2023 collapse of Silicon Valley Bank, according to initial findings from a new post-mortem review.

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

PEOPLE

Holland & Knight Adds Aviation Policy Adviser From Airbus

By Christine DeRosa

Holland & Knight LLP is growing its federal government affairs practice, specifically its transportation policy practices, with the addition of a senior policy adviser from Airbus Americas Inc.

Read full article » | Save to favorites »

Varnum Adds IP Atty From Hueston Hennigan

By Rose Krebs

Varnum LLP has added an intellectual property attorney from Hueston Hennigan LLP with prior in-house experience to bolster its litigation and alternative dispute resolution practice team.

Read full article » | Save to favorites »

EXPERT ANALYSIS

5th Circ. Embedding Decision Could Recast Copyright Claims

The Fifth Circuit's decision in Emmerich v. Particle Media addresses decades of ambiguity surrounding whether embedded content can constitute copyright infringement, potentially affecting how defense counsel fight against such claims, say attorneys at Greenberg Glusker.

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

Time Is On Payment Processors' Side As Deal Dynamics Shift

As payment processors increasingly use timing and volume to gain leverage, merchants should negotiate payment processing agreements well before renewal or migration deadlines, ensuring proper benchmarking, reserve, data, termination and transition terms are in place, says James Alexander at Reed Smith.

Read full article » | Save to favorites »

LEGAL INDUSTRY

Senior Lawyers Survey: Tell Us About Your Career

How are senior lawyers adapting to evolving career paths and emerging technologies? Share your perspective in this five-minute survey.

Read full article » | Save to favorites »

The 2026 Regional Powerhouses

By Cara Bayles

From major deals to high-profile litigation, the firms named to Law360's 2026 Regional Powerhouses list are leading the way across 14 states. They deliver deep regional expertise and make a lasting impact at the state and local level.

Read full article » | Save to favorites »

Ex-DOJ Chief Lambastes 'Abuses Of Power' In Goldstein Case

By Jeff Overley

The U.S. Department of Justice constantly made false statements in its criminal case against famed appellate advocate Tom Goldstein, and his convictions must be erased because "prosecutorial misconduct pervaded every stage of the proceedings," a former DOJ prosecutor told the Fourth Circuit.

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

Ex-Wis. Judge Keeps License Amid ICE Conviction Appeal

By Ryan Boysen

The ex-Wisconsin judge convicted of obstructing an ICE arrest will remain an attorney in good standing while she appeals, after the Supreme Court of Wisconsin declined to suspend her law license.

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

Richards Layton Litigator Selected For Chancery Seat In Del.

By Rose Krebs

A Richards Layton & Finger PA attorney has been nominated by Delaware Gov. Matt Meyer to serve on the bench of the nationally important Chancery Court, a venue that adjudicates some of the biggest corporate law cases.

Read full article » | Save to favorites »

Judge Questions Whether 'Lawfare' Fund Fight Is Really Moot

By Jared Foretek

A Virginia federal judge seemed unlikely to toss a challenge to the Trump administration's nixed "Anti-Weaponization Fund" and tax audit immunity for the Trump family Friday, saying she worries the fund could be revived in a different form down the road.

Read full article » | Save to favorites »

Chief US District Judge In SC To Take Senior Status Oct. 1

By Courtney Bublé

Chief U.S. District Judge Timothy Cain of the District of South Carolina has informed the president that he will be taking semiretired status on Oct. 1, according to an update posted Friday by the federal judiciary.

Read full article » | Save to favorites »

Roundup

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

Starbucks settled a high-profile discrimination suit with Florida over its diversity, equity and inclusion policies, agreeing not to use race- or sex-based goals in hiring and promoting. And the SEC floated changing how publicly traded companies seek shareholder input, including promising to end one pathway for shareholders to place their proposals on corporate ballots. These are among the stories in corporate legal news you may have missed in the past week.

Read full article » | Save to favorites »

Reed Smith Defends Docs Production In Ex-Atty's Bias Suit

By Jake Maher

Reed Smith LLP urged a New Jersey court on Thursday to reject an "impulsive" motion from a former attorney suing it for gender discrimination seeking to strike its answer and affirmative defenses.

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

Law360's Legal Lions Of The Week

By Kevin Penton

Schemery Zicolello leads this week's edition of Law360 Legal Lions, after a Third Circuit panel ruled that police cannot conduct warrantless strip searches outside of jails or prisons absent consent or an emergency.

Read full article » | Save to favorites »

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.

Read full article » | Save to favorites »

Dark blue promo that reads 2026 Regional Powerhouses dark blue promo that reads 2026 Rising Stars

COMPANIES IN TODAY'S NEWS

ASUSTeK Computer Inc.

Adyen BV

Altice SA

Amazon.com Inc.

American Economic Liberties Project

Anthropic PBC

Apple Inc.

Arca Continental SAB

Association of Corporate Counsel

Bambu Lab

BeenVerified LLC

Blackhawk Network Holdings Inc.

Boston Children's Hospital

Broadcom Inc.

Buffalo Wild Wings Inc.

ByteDance Ltd.

Cantor Entertainment Technology Inc.

Cantor Fitzgerald LP

Charter Communications Inc.

Competitive Enterprise Institute

Corporate Legal Operations Consortium

Credit Suisse Group AG

Crown Holdings Inc.

DC Comics Inc.

Deere & Co.

Dell Technologies Inc.

Democracy Forward Foundation

DoorDash Inc.

DraftKings Inc.

Eastman Kodak Co.

Elavon Inc.

Epic Games Inc.

FanDuel Inc.

Faraday & Future Inc.

Google LLC

Hewlett Packard Enterprise Co.

Husqvarna

Husqvarna Group

Infineon Technologies AG

Instagram Inc.

Intelius Inc.

Juniper Networks Inc.

KnowBe4 Inc.

Lambda Legal Defense & Educational Fund

Lenovo Group Ltd.

Lululemon Athletica Inc.

MAPFRE SA

Major League Baseball Inc.

MasterCard Inc.

Meta Platforms Inc.

National Farmers Union

National Treasury Employees Union

New York University

NewsBreak

Nike Inc.

Ohio State University

OpenAI OpCo LLC

Otsuka America Inc.

Pfizer Inc.

Philadelphia Consolidated Holding Corp.

Prysmian SpA

QUALCOMM Inc.

RPX Corp.

Roblox Corp.

SVB Financial Group

Safety Insurance Co.

Simon Property Group Inc.

Sinclair Broadcast Group Inc.

Skydance Media LLC

Sony Music Entertainment Inc.

Spokeo Inc.

Spotify Technology SA

Starbucks Corp.

State Bar of California

Stratasys Inc.

Target Corp.

Tesla Inc.

The Baldwin Group

The Cigna Group

The Lifetime Value Co. LLC

TikTok Inc.

TotalEnergies SE

Toyota Motor Corp.

TripAdvisor Inc.

Twentieth Century Fox Film Corp.

Twitter Inc.

Uber Technologies Inc.

Universal Music Group NV

Walmart Inc.

Warner Bros. Discovery Inc.

Warner Bros. Entertainment Inc.

Warner Music Group Corp.

Washington & Lee University

X Corp.

YouTube Inc.

LAW FIRMS IN TODAY'S NEWS

Ahmad Zavitsanos

Akin Gump

Alston & Bird

Anapol Weiss

Arnold & Porter

Ashby Thelen

Axinn

Aylstock Witkin

Baker & Hostetler

Baker Botts

Ballard Spahr

Bartlit Beck

Beck Redden

Berg Hill

Bernstein Litowitz

Berry Appleman

Bilzin Sumberg

Binder & Schwartz

Bird Marella

Blank Rome

Boies Schiller

Bowman & Brooke

Bradley Grombacher

Brooks Pierce

Brown Pruitt

Brownstein Hyatt

Buchanan Ingersoll

Cahill Gordon

Calcagni & Kanefsky

Cantey Hanger

Carmagnola & Ritardi

Cherry Johnson Siegmund James

Chiesa Shahinian

Clark Hill

Clement & Murphy

Clifford Law Offices

Cloherty & Steinberg

Constangy Brooks

Cooley LLP

Covington & Burling

Cozen O'Connor

Cravath Swaine

DLA Piper

Davis Polk

Davis Wright Tremaine

Desmarais LLP

DiCello Levitt

Donohue Brown

Dunn Isaacson Rhee

Eckert Seamans

Edelson PC

Elias Law Group LLP

Eversheds Sutherland

FBT Gibbons

Fabyanske Westra

Faegre Drinker

Fenwick & West

Fish & Richardson

FisherBroyles

Foley Hoag

Foster Graham

Freeman Mathis

Freshfields

Fross Zelnick

Gibson Dunn

Gordon Rees

Greenberg Glusker

Greenberg Traurig

Greenspoon Marder

Haynes Boone

Heninger Garrison

Hinshaw & Culbertson

Hoeppner Wagner

Hogan Lovells

Holland & Hart

Holland & Knight

Hueston Hennigan

Insight PLC

Jenner & Block

Johnson & Bell

Jones Day

Kasowitz LLP

Kaufman Dolowich

Keker Van Nest & Peters

Kellogg Hansen

Kelly Hart

Kilpatrick Townsend

King & Spalding

Kirkland & Ellis

Kline & Specter

Knobbe Martens

Kwun Bhansali

Latham & Watkins

Lewis Brisbois

Lomurro Munson

Lowenstein Sandler

Lynn Pinker

Manatt Phelps

Mayer Brown

McCarter & English

McDermott Will & Schulte

McGinn Montoya

McGuireWoods

Miller & Chevalier

Miller Fair

Mitchell Silberberg

Moore & Van Allen

Morgan Lewis

Morris Nichols

Morrison & Foerster

Munger Tolles

Norton Rose

O'Melveny & Myers

O'Toole Scrivo

Orrick Herrington

Pachulski Stang

Patton Tidwell

Paul Weiss

Pierson Ferdinand LLP

Pitt McGehee

Podhurst Orseck

Potter Anderson

Pullman & Comley

Quinn Emanuel

RKW LLC

Raj Ferber

Reed Smith

Richards Layton

Riker Danzig

Rivero Mestre

Ropes & Gray

Sarkisian Sarkisian

Scheef & Stone

Schemery Zicolello

Seyfarth Shaw

Shipman & Goodwin

Silver Golub

Simmons Hanly

Siskind Susser

Skadden Arps

Sterne Kessler

Stinson LLP

Stoel Rives

Sullivan & Cromwell

The Office of Craig C. Reilly

Thompson Hine

Tollefson Bradley

Troutman

Varnum LLP

Venable LLP

Wachtell Lipton

Webb Daniel Friedlander

Weil Gotshal

Wheeler Trigg

Williams & Connolly

Willkie Farr

WilmerHale

Wilson Robertson & VanDeventer

Wollmuth Maher

Womble Bond

Wood Smith

Yetter Coleman

GOVERNMENT AGENCIES IN TODAY'S NEWS

Blue Lake Rancheria

California Supreme Court

Connecticut Department of Consumer Protection

Delaware Court of Chancery

Equal Employment Opportunity Commission

European Commission

European Union

European Union Intellectual Property Office

Executive Office of the President

Federal Aviation Administration

Federal Bureau of Investigation

Federal Communications Commission

Federal Reserve System

Federal Trade Commission

Georgia Supreme Court

Internal Revenue Service

International Trade Commission

Los Angeles Superior Court

New Jersey Supreme Court

New Mexico Attorney General's Office

New York Attorney General's Office

Patent Trial and Appeal Board

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

U.S. Attorney's Office for the District of South Carolina

U.S. Attorney's Office for the Eastern District of Virginia

U.S. Citizenship and Immigration Services

U.S. Copyright Office

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Commerce

U.S. Department of Energy

U.S. Department of Health and Human Services

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of State

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Maryland

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of South Carolina

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

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

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

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

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

U.S. Environmental Protection Agency

U.S. Immigration and Customs Enforcement

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 District of Colorado

Wisconsin Supreme Court