U.S. antitrust enforcement may be due for a shot in the arm as Joe Biden takes office, backed by Democratic majorities in both chambers of Congress and led by lawmakers who have vowed to increase funding for competition enforcement and push other reforms.
Law360 Technology TECHNOLOGY

Wednesday, January 20, 2021 Follow Technology Law360

TOP NEWS

Analysis

New President, New Senate, New Antitrust Ballgame

U.S. antitrust enforcement may be due for a shot in the arm as Joe Biden takes office, backed by Democratic majorities in both chambers of Congress and led by lawmakers who have vowed to increase funding for competition enforcement and push other reforms.

Read full article »

High Court Parses FCC's Mandate To Promote Diversity

The U.S. Supreme Court on Tuesday questioned whether the Federal Communications Commission has collected enough data on female and minority control of broadcast stations to justify its repeated attempts to relax TV and radio station ownership rules. However, the justices also appeared open to claims that ending the limits could protect broadcasters from losing ground to cable and online media.

Read full article »

Android Users Slam Google's 'All Or Nothing' Privacy Stance

A proposed class of Android smartphone users urged a California magistrate judge Tuesday to keep alive claims that Google illegally harvests data to gain an advantage over rivals like TikTok, with the users arguing that Google's "broad" data-collections disclosures are insufficient, and "consent is not an all or nothing proposition."

Read full article »

Iancu Resigns As USPTO Director, Urges Eligibility Reform

U.S. Patent and Trademark Office Director Andrei Iancu confirmed Tuesday that he is leaving the agency, and as he said his goodbyes, he joined congressional leaders in calling for immediate patent eligibility reform.

Read full article »

Trump Tells Agencies To Stop Buying Risky Foreign Drones

President Donald Trump on Monday directed agencies to develop ways to halt federal purchases for drones made by U.S. adversaries such as China, citing "unacceptable" risks to national security and a desire to build up a domestic industrial base.

Read full article »

LITIGATION

Fed. Circ. Won't Undo PTAB Rulings On Motorola Patents

The Federal Circuit stood firm on Tuesday and rejected efforts from the Chinese radio manufacturer Hytera Communications Corp. to reverse three Patent Trial and Appeal Board decisions that mostly upheld patents owned by rival Motorola Solutions.

3 documents attached | Read full article »

Fed. Circ. Judge Calls Sipco Appeal 'Colossal Waste' Of Time

Two Federal Circuit judges questioned Tuesday why their three-judge panel had been summoned to hear Sipco LLC's appeal of a Patent Trial and Appeal Board decision invalidating outdated claims in a patent covering remotely operated systems, with one calling it "a colossal waste" of time. 

Read full article »

Buyers Tell 7th Circ. Best Buy Geek Squad Plan Is A Warranty

Two customers who purchased an allegedly defective plasma television from Best Buy urged the Seventh Circuit Tuesday to overturn a lower court's decision that deemed the chain's "Geek Squad Protection Plan" a service contract instead of a warranty.

Read full article »

Perspecta Raised $7.7B Award Issues Too Late, Court Says

The U.S. Court of Federal Claims said that Perspecta Enterprise Solutions LLC should have raised concerns over a former-U.S. Navy officer's involvement in Leidos Inc.'s bid for a $7.7 billion naval award before the rival won the contract, tossing Perspecta's suit.

Opinion attached | Read full article »

PTAB Nixes 2 Cellular Patents In Win For Mercedes-Benz

The Patent Trial and Appeal Board has struck two mobile communications patents challenged by Mercedes-Benz, finding the disputed claims to be obvious due to earlier inventions.

2 documents attached | Read full article »

Google Slips $90M RICO Claims Of Blacklisted Website

A Florida federal court has tossed a $90 million RICO suit accusing Google of blacklisting the website SeniorCare.care and intentionally demoting its ranking in search results because it is owned by conservative individuals, as the judge found the operator failed to state a valid claim.

Order attached | Read full article »

Tech Co. Wins $134K After Trial With Former Merger Partner

A Boston federal judge agreed with a software company Tuesday that a former would-be merger partner violated a settlement agreement and misled potential customers by falsely suggesting it was victorious in a lawsuit over the soured deal, awarding $134,000 after a bench trial.

Verdict attached | Read full article »

Pierce Bainbridge, Funder Ditch Claims Over Poaching Client

A federal judge has dismissed a Philadelphia attorney's claims that Pierce Bainbridge and litigation funder Parvati Capital poached a client, ruling that he had already failed to sue the firm and that the underlying case's failure meant there was no win he could recover from the funder.

Order attached | Read full article »

Amazon Hit With Another Antitrust Suit Over E-Books

Amazon has been hit with another proposed class action, this time accusing it of scheming with five book publishers on price restraints that resulted in consumers paying "supracompetitive prices" for e-books not purchased on Amazon's website.

Complaint attached | Read full article »

DEALS

Self-Driving Car Co. Cruises To $30B Value With New Funds

General Motors-backed electric driverless vehicle startup Cruise, advised by Latham & Watkins, unveiled a $30 billion valuation Tuesday as it announced new equity investments and a strategic partnership with Microsoft.

Read full article »

4 Cos. Join IPO Pipeline Seeking To Raise $3.9B Total

A clinical diagnostics company, a software company, a solar power company and a Brazilian investor set price ranges for initial public offerings on Tuesday, with three of the four companies saying they expect to bring in at least $1 billion at midpoint.

Read full article »

Electric Car Biz Rivian Closes On $2.7B Funding Round

Electric vehicle maker Rivian said Tuesday it closed on $2.65 billion in a funding round led by T. Rowe Price that arrives the same year it expects to deliver its first vehicles.

Read full article »

Shearman, Kirkland Aid Citrix's $2.25B Buy Of Software Co.

Citrix Systems will acquire private equity-backed project management software maker Wrike for $2.25 billion in cash, the companies said Tuesday, in a transaction guided by Shearman & Sterling and Kirkland & Ellis.

Read full article »

Drug Benefits Co. Valued At $1.1B In PE Deal Led By 3 Firms

Advent International will acquire a significant stake in RxBenefits as part of a recapitalization that values the Alabama-based pharmacy benefits services provider at roughly $1.1 billion, the companies said Tuesday, in a deal built by Goodwin Procter, Weil Gotshal and Maynard Cooper.

Read full article »

ENFORCEMENT

Charter Rescinds Request To Nix Merger Conditions

Charter Communications officially withdrew its petition seeking to end conditions imposed by the Federal Communications Commission when the cable giant merged with Time Warner Cable and Bright House Networks in a Friday letter.

3 documents attached | Read full article »

FCC Warns Amateur Radio: Don't Air Criminal Threats

The Federal Communications Commission has issued a stark warning to amateur radio operators not to broadcast anything that incites criminal activity, an admonition that comes amid rising extremist speech over the transfer of White House power.

1 document attached | Read full article »

FCC Exempts Certain Pharma Calls From TCPA Rules

The Federal Communications Commission has declared that prerecorded calls seeking participants for clinical pharmaceutical trials did not violate the Telephone Consumer Protection Act.

2 documents attached | Read full article »

FCC Has More Guidelines For Accurate Broadband Mapping

The Federal Communications Commission released new rules Tuesday designed to ensure that the agency collects accurate information about the availability of broadband across the country. The rules lay out when and how broadband providers must disclose their service areas as well as the speed and quality of those services.

Read full article »

EXPERT ANALYSIS

Addressing The Security Risks Of University Foreign Funding

Higher education institutions that accept foreign funding should address serious concomitant security risks by identifying specific sources and establishing compliance procedures that promote transparency, protect data and research, and account for U.S. national security interests, say attorneys at Manatt.

Read full article »

How SEC Can Address 'Inherent Dilemma' Of Its Mandate

Tom Selman at Scopus Financial suggests three ways the U.S. Securities and Exchange Commission might reconcile the rights of market participants with the regulator's responsibility to protect investors, on the heels of Commissioner Hester Peirce's recent remarks calling out this "inherent conflict."

1 document attached | Read full article »

Arizona May Have Nudged US Law Firms Toward Future IPOs

No U.S. law firm has its shares listed on a public stock exchange unlike some lucrative overseas counterparts, but by allowing nonattorneys to become stakeholders in law firms, Arizona may have paved the way for this to change should other U.S. states — particularly New York — follow suit, says Marc Lieberman at Kutak Rock.

Read full article »

LEGAL INDUSTRY

Girardi Gained Their Trust, But Left Them With Regret

In an airy conference room overlooking downtown San Francisco, celebrity trial lawyer Thomas V. Girardi looked into Kathy Ruigomez's sleepless eyes and told her everything was going to be all right.

Read full article »

Girardi Doesn't Need Guardian In Bankruptcy, Edelson Says

Embattled celebrity attorney Tom Girardi is clearly not mentally incompetent and doesn't need a guardian, Edelson PC told a California bankruptcy court Tuesday, pointing to recent video footage of Girardi giving a coherent interview and speaking on a panel for the Consumer Attorneys of California.

Read full article »

Trump's Imprint On The Judiciary In 6 Charts

With 234 judicial appointments during his four years in office, President Donald Trump enjoyed the most productive single term since the 1970s and named the same number of appellate jurists as President Barack Obama did in two terms.

Read full article »

Cooley Partner Tapped For Biden's Acting Solicitor General

Cooley LLP partner Elizabeth Prelogar, who previously worked under former special counsel Robert Mueller and helped write his final report to Congress, has been tapped to serve as acting solicitor general once President-elect Joe Biden takes office, Cooley confirmed Tuesday.

Read full article »

A Look At Court Precautions On Inauguration Day

Fears of extremist right-wing violence have spurred court closures and other changes in cities across the country ahead of President-elect Joe Biden's inauguration on Wednesday.

Read full article »

Feds Say NY Court Worker Threatened AOC, Pelosi, Schumer

A New York state Office of Court Administration employee who prosecutors said took to social media threatening to kill Rep. Alexandria Ocasio-Cortez, Senate Minority Leader Chuck Schumer and House Speaker Nancy Pelosi was denied bail ahead of his trial, the U.S. Department of Justice said Tuesday.

Read full article »

Texas Courts Order Sensitive Docs Filed Offline After Breach

The Eastern and Northern Districts of Texas have ordered parties to file only physical copies of certain "highly sensitive" documents in the wake of a sprawling, suspected Russia-backed data breach that compromised the federal courts case management system.

Read full article »

Hogan Lovells Offers Billable Hour Credit For Diversity Work

Hogan Lovells said Tuesday that it will begin offering U.S. associates and counsel billable hour credit for approved diversity and inclusion work, in an effort to recognize the added responsibilities lawyers from underrepresented backgrounds take on and to incentivize further work to improve diversity.

Read full article »

Shook Hardy Opens NYC Office With 2 Pharma Partners

Kansas City, Missouri-based Shook Hardy & Bacon LLP has opened an office in New York helmed by two lateral partners focused on the pharmaceutical industry lured from Phillips Lytle LLP, the firm announced Tuesday.

Read full article »

Top NY Judge Urges Gov. To Put Jurists In Vaccination Rollout

New York Chief Judge Janet DiFiore expressed dismay that Gov. Andrew Cuomo's administration has yet to include judges among the categories of people who are next in line to receive the coronavirus vaccine.

Read full article »

Myers Bigel Dodges Race, Sex Bias Suit At 4th Circ.

The Fourth Circuit on Tuesday turned down a former Myers Bigel PA equity partner's request to revive her race and gender bias suit against the firm, saying her high-ranking status meant she wasn't an employee for the purposes of Title VII.

Read full article »

XL Fleet Hires Boutique Investment Bank Founder As GC

Vehicle electrification company XL Fleet Corp. announced Tuesday it has brought on boutique investment bank founder Jim Berklas as its new general counsel.

Read full article »

Atty Fired After Capitol Attack Reps Trump Voters In Suit

A former Goosehead Insurance in-house attorney who was fired earlier this month for his apparent involvement with the mob that stormed the U.S. Capitol has filed a suit on behalf of Donald Trump voters claiming that their rights were violated by coronavirus-inspired changes to voting rules.

Read full article »

Surveilled Ex-Trump Aide Can Speak At FBI Atty's Sentencing

A D.C. federal judge is allowing former Trump campaign adviser Carter Page to speak at this month's sentencing hearing for an ex-FBI lawyer who pled guilty to falsifying an email to justify surveilling Page, but declined to rule on whether he qualifies as a victim under federal law as he has insisted.

Read full article »

Coronavirus Regulations: A State-By-State Week In Review

The COVID-19 vaccination effort led to milestones over the past week in states including Florida and Texas, which became the first in the nation to administer its millionth dose, and prompted New York to call on Pfizer for direct purchase access so the state can meet increased demand due to expanded eligibility.

Read full article »

JOBS
Search full listings or advertise your job opening
Law360 Rising Stars

COMPANIES

AO Kaspersky Lab

Advent International Corp.

Alphabet Inc.

Altria Group Inc.

Amazon.com Inc.

Apple Inc.

Associated Press

Australian Securities Exchange

BMO Capital Markets Corp.

BTG Pactual

Bain Capital Ventures

Barclays PLC

Best Buy Co. Inc.

BlackRock Inc.

Bristol-Myers Squibb Co.

Broadcom Corp.

Cable News Network Inc.

Canaccord Genuity Group Inc.

Carlyle Group LP

Citigroup Inc.

Citrix Systems Inc.

Coatue Management LLC

Comcast Corp.

Consumer Attorneys of California

Credit Suisse Group AG

DJI Technology Inc.

Deloitte Touche

Deutsche Bank AG

Dole Food Company Inc.

Drexel Hamilton LLC

Emerson Electric Co.

Ernst & Young LLP

Evercore Inc.

Facebook Inc.

Federalist Society

Fidelity Investments LLC

Financial Industry Regulatory Authority Inc.

Fitbit Inc.

Fordham University

Franklin Resources Inc.

General Motors Co.

Getty Images Inc.

Google Inc.

Goosehead Insurance Agency LLC

Great Hill Partners

Guggenheim Partners LLC

HSBC Holdings PLC

Hachette Book Group Inc.

HarperCollins Publishers LLC

Harvard University

Huawei Technologies Co. Ltd.

Instagram Inc.

Intellectual Property Owners Association

International Trademark Association

JAMS Inc.

JMP Group Inc.

JPMorgan Chase & Co.

Johnson & Johnson

KPMG International

Law Finance Group LLC

Leidos Holdings Inc.

LexisNexis Group

LinkedIn Corp.

Loop Capital Markets LLC

Los Angeles Times

Massachusetts Institute of Technology

Mercedes-Benz

Microsoft Corp.

Morgan Stanley

Motorola Solutions Inc.

NASDAQ Inc.

National Association of Broadcasters

Nomura Holdings, Inc.

Novatel Wireless, Inc.

Oppenheimer Holdings Inc.

Ortho-Clinical Diagnostics Inc.

PG&E Corp.

Perspecta Inc.

Pfizer Inc.

Piper Sandler Cos.

PricewaterhouseCoopers LLP

QUALCOMM Inc.

Qualtrics

Raymond James Financial Inc.

Rite Aid Corp.

Royal Dutch Shell PLC

SAP AG

Simon & Schuster Inc.

SoftBank Group Corp.

SolarWinds Worldwide LLC

Spectrum Management Holding Co.

State Bar of California

T. Rowe Price Group Inc.

The Boeing Co.

The Goldman Sachs Group Inc.

The State University of New York

TikTok Inc.

TripleTree LLC

Truist Financial Corp.

Twitter Inc.

U.S. Chamber of Commerce

UBS AG

Vinci Partners Investimentos Ltda.

Vista Equity Partners

Volkswagen AG

William Blair & Co. LLC

Yahoo! Inc.

YouTube Inc.

Zynga Inc.

LAW FIRMS

Abir Cohen

Bailey & Dixon

Bernstein Polsky

Cahill Gordon

Calfee Halter

Center for Constitutional Litigation

Clark Hill

Cohen Seglias

Cooley LLP

Criden & Love

Crowell & Moring

DWF LLP

Davis Polk

Debevoise & Plimpton

Dorsey & Whitney

Edelson PC

Engstrom Lipscomb

Fried Frank

Gavrilovich Dodd

Gibson Dunn

Girardi & Keese

Goodwin Procter

Gordon & Rees

Haines & Associates

Harney Westwood

Hogan Lovells

Holland & Knight

Hunton Andrews Kurth

Irell & Manella

Jenner & Block

Keker Van Nest & Peters

Kibbey Wagner

Kirkland & Ellis

Kutak Rock

Latham & Watkins

Law Offices of Bruce J. Chasan

Lowey Dannenberg

Manatt Phelps

Mattos Filho

Maynard Cooper

MoloLamken LLP

Myers Bigel

Nelson Mullins

Nussbaum Law Group PC

Phillips Lytle

Pierce Bainbridge

Quinn Emanuel

Ropes & Gray

Samuels Yoelin

Shearman & Sterling

Shook Hardy

Skadden Arps

Slater & Gordon

Smith Anderson

SulmeyerKupetz

Warren Rhoades

Weil Gotshal

Wilson Sonsini

Zarwin Baum

Zuckerman Spaeder

GOVERNMENT AGENCIES

Arizona Supreme Court

California Public Utilities Commission

California Supreme Court

Centers for Disease Control and Prevention

Central Intelligence Agency

Colorado Supreme Court

Committee on Foreign Investment in the United States

Consumer Financial Protection Bureau

Defense Advanced Research Projects Agency

European Union

Executive Office of the President

Federal Aviation Administration

Federal Bureau of Investigation

Federal Communications Commission

Federal Trade Commission

Food and Drug Administration

Government Accountability Office

New York State Department of Health

New York State Unified Court System

Office of the Director of National Intelligence

State Bar of Texas

U.S. Attorney's Office

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

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

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Department of Defense

U.S. Department of Education

U.S. Department of Justice

U.S. Department of the Interior

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

U.S. District Court for the District of Columbia

U.S. District Court for the District of Massachusetts

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

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 Illinois

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

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

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

U.S. General Services Administration

U.S. House of Representatives

U.S. Marine Corps

U.S. Navy

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

U.S. Tax Court