Antitrust observers told Law360 Thursday they expect significant scrutiny of DoorDash's plan to acquire Instacart for an equity value of approximately $17 billion, pointing to the overlap between their restaurant and grocery delivery services, and the timing of the deal just as the Federal Trade Commission launches a surveillance pricing investigation.
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TOP NEWS

Tech Prices, Driver Networks Hang Over DoorDash Tie-Up

By Bryan Koenig

Antitrust observers told Law360 Thursday they expect significant scrutiny of DoorDash's plan to acquire Instacart for an equity value of approximately $17 billion, pointing to the overlap between their restaurant and grocery delivery services, and the timing of the deal just as the Federal Trade Commission launches a surveillance pricing investigation.

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3 Firms Steer $17B DoorDash-Instacart Grocery Delivery Deal

By Al Barbarino

DoorDash Inc. said Thursday it has agreed to acquire Instacart for an equity value of approximately $17 billion, with Latham & Watkins LLP advising DoorDash and Cravath Swaine & Moore LLP and Cooley LLP representing Instacart. 

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Tech In-House Attys Say AI Rivals Humans At Writing Patents

By Ryan Davis

Current and former in-house counsel from Google and Meta said at a conference Thursday that the ability of artificial intelligence to write patent applications is rapidly improving, and that in blind tests, experienced attorneys often deem AI-drafted patents to be superior to those from humans.

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9th Circ. Drops Speech Holding In Seattle Gig Worker Ruling

By Benjamin Morse

The Ninth Circuit on Thursday withdrew its earlier finding that Seattle's protections for app-based delivery workers don't regulate speech, replacing it with a narrower ruling that assumes the law involves speech but still passes First Amendment scrutiny.

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US Tells Justices FedEx Can't Appeal Interested Party Order

By Elliot Weld

The U.S. government has urged the U.S. Supreme Court to ignore a petition from FedEx Corp. seeking review of whether Qualcomm Inc. complied with real-party-in-interest requirements when it challenged FedEx patents, saying the Federal Circuit got it right by declining to hear the case.

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Judge Stark Advises Attys To Confront Flaws In Their Cases

By Ryan Davis

Federal Circuit Judge Leonard Stark suggested at a conference Thursday that attorneys can improve their odds of success on appeal by addressing the weaknesses in their cases and explaining why they should still prevail, since that is how judges think when making decisions.

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Judge 'Put Off' By Atty Fee Bid In $59.5M Menstrual App Deal

By Bonnie Eslinger

A California federal judge said Thursday that he'll give final approval to a $59.5 million settlement resolving class claims over a menstrual tracking app sharing sensitive health data with Google, but he cut the $19 million attorney fee request by 5%, saying counsel is "taking money out of consumers' pockets."

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Gov't Urges Court To Dismiss $50B Ligado Takings Case

By Madeline Lyskawa

The federal government has urged the U.S. Court of Federal Claims to dismiss Ligado's attempt to secure $50 billion over claims the Pentagon prevented the company from using valuable spectrum rights it bought for exclusive use to build a terrestrial wireless network.

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Meta Faces Senate Inquiry Over AI Glasses Privacy Risks

By Lauren Berg

Two Democratic senators on Thursday launched an investigation into allegations that Meta Platforms' "smart" glasses capture sensitive images of users and bystanders without their consent and use the data to train the tech giant's artificial intelligence models.

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NY Bars AI Chatbots From Using Emotional Tactics With Kids

By Dorothy Atkins

New York Gov. Kathy Hochul signed a law Wednesday that creates a regulatory framework restricting artificial intelligence chatbots' emotional interactions with minors, spurring swift pushback from business groups, which criticized the legislation for allegedly being unconstitutionally vague and overly broad.

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POLICY & REGULATION

House Bill Would Increase Oversight Of Antitrust Settlements

By Matthew Perlman

Rep. Jamie Raskin, D-Md., introduced proposed legislation Thursday that would increase court scrutiny of antitrust settlements reached by federal enforcers, with the lawmaker saying more oversight is needed after the White House's involvement in recent cases.

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Squires Grants 4 Patent Review Bids In Latest Bulk Order

By Adam Lidgett

U.S. Patent and Trademark Office Director John Squires has greenlighted four new petitions seeking review of patents in his latest round of decisions, while turning down one on discretionary grounds.

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FCC Agrees To Rules Targeting Some Foreign Test Labs

By Christopher Cole

The Federal Communications Commission voted Thursday to block recognition of equipment testing labs in countries that do not similarly recognize U.S.-based labs.

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FCC Seeks To Rev Up Satellite Device Coverage

By Christopher Cole

The Federal Communications Commission advanced new rules Thursday that could open 25 megahertz of midband spectrum for new uses, including not only terrestrial wireless but potentially also direct-to-device coverage from satellites.

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EU Head Affirms Ties With Canada As Member Talks Open

By Jack McLoone

European Commission President Ursula von der Leyen on Thursday reaffirmed the European Union's commitment to strengthening its ties with Canada at the opening of a summit to consider whether to adopt Canada as the EU's first-ever associate member.

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Canada, UAE Sign Economic Partnership Agreement

By Jack McLoone

Canada and the United Arab Emirates have reached an agreement on a trade deal that is expected to double bilateral trade between the countries, up to CA$7 billion ($5 billion) annually, the Canadian government said, lauding the agreement as being reached in "record time."

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Brief

US Signs Key Sector Memorandums With Hungary, Finland

By Dylan Moroses

Secretary of State Marco Rubio signed memorandums with Finnish and Hungarian officials Thursday indicating that the U.S. will work together with those trading partners on key minerals, technology and energy policy matters.

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Brief

EU Pushes China For More Fair Trade Commitments

By Jack McLoone

The European Parliament's Committee on International Trade spent a three-day trip to China pushing for an expansion of a trade framework beyond a recently reached mutual understanding on hybrid vehicles, among other concerns, the committee said Thursday.

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LITIGATION

Fed. Circ. Upholds Decision Wiping Out Cybersecurity Patent

By Elliot Weld

The Federal Circuit on Thursday affirmed a Patent Trial and Appeal Board decision holding that a patent covering methods of monitoring a system for cyberattack detection was invalid as obvious.

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5th Circ. Sinks Motorola's Discovery Bid For IP Feuds Abroad

By Adam Lidgett

The Fifth Circuit on Thursday reversed a lower court's approval of Motorola's discovery request for use in foreign proceedings in litigation brought by Advanced Standard Communication LLC over allegations of patent infringement, saying the district court "erred legally and analytically."

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5th Circ. Will Review Texas Content-Filtering Law Ruling

By Aneeta Mathur-Ashton

The Fifth Circuit has granted Texas' request for an en banc rehearing of a July panel opinion that partly upheld a block on the state's new law requiring companies to filter content for underage users.

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ITC To Review ALJ's Infringement Ruling In Wi-Fi Patent Case

By Adam Lidgett

The U.S. International Trade Commission has said it will look over various parts of an agency judge's findings that Taiwanese electronics manufacturer Asus and another Wi-Fi device seller infringed claims in a couple of patents licensed to Netgear.

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Uber, Amazon, Instacart Fight NYC Courier Deactivation Law

By Linda Chiem

Uber, Amazon and Instacart have accused New York City of overstepping by enacting a law prohibiting them from "deactivating" delivery couriers without formal notice and investigation, claiming in a new federal lawsuit that the regulation unconstitutionally interferes with their contractual rights.

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Parents Say Roblox, Discord Can't Compel Arbitration

By Emily Field

Federal law bars Roblox and Discord from compelling sexual assault plaintiffs to arbitrate their claims that the companies enabled adult predators to use their platforms to groom and abuse children, parents have told the California federal court overseeing their suits.

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Fertility Cos. Accused Of Moving Eggs Without Consent

By Gianna Ferrarin

A national fertility clinic network has been hit with a suit in Los Angeles Superior Court alleging it jeopardized a 50-year-old woman's ability to have a biological child by transporting her frozen eggs across state lines to an automated facility without her permission.

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DEALS

Cravath, Kirkland Steer $15.3B ADT Take-Private Deal

By Al Barbarino

New York investment firm Thrive Holdings has agreed to acquire security company ADT in an all-cash transaction for approximately $7.6 billion in equity value and $15.3 billion in enterprise value, ADT announced Thursday.

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Serval Valued At $3B After $150M Series C Round

By Jade Martinez-Pogue

Enterprise service management and automation platform Serval revealed Thursday that it reached a $3 billion valuation after closing its latest funding round with $150 million in tow.

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Deals Rumor Mill

BP Board Members Could Favor Biz Break-Up, More Rumors

By Jade Martinez-Pogue

Some board members of oil and gas company BP could be in favor of splitting up the energy giant, Marvell Technology is in "advanced discussions" to acquire laser maker Lumentum in a deal that could be valued at up to $83 billion, and private equity giant TPG considers acquiring British data center group Ark from Elliott Investment Management.

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BANKRUPTCY

Brief

US Bankruptcy Noticing System Back Up After Cyber Event

By Hilary Russ

A BAE Systems Inc. spokesperson said in a statement Thursday the nationwide Bankruptcy Noticing Center has resumed operations following a cybersecurity incident that had brought the system to a halt earlier this month.

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ENFORCEMENT

FCC Floats $4.4M Fine For Boomerang's Alleged Lifeline Fraud

By Aneeta Mathur-Ashton

The Federal Communications Commission proposed a $4.4 million fine against Boomerang Wireless for allegedly defrauding the Lifeline program, which gives discounts on phone and internet services to qualifying low-income Americans.

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SEC Claims Crypto Firms' Bogus Filings Fueled $130M Scam

By Dorothy Atkins

The U.S. Securities and Exchange Commission hit BG Wealth Sharing Ltd. and crypto-platform DSJ Exchange Pty Ltd. with a civil lawsuit in California federal court Thursday, alleging their scam investment apps defrauded investors out of $130 million by posing as the "world's largest hedge fund" and submitting bogus SEC filings.

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FTC, States Allege Toast Trapped Restaurants With Fees

By Carolina Bolado

The Federal Trade Commission and eight states sued Toast Inc. on Thursday, accusing the restaurant software company of saddling restaurants with hidden fees, failing to provide promised customer support and making it difficult to cancel its services.

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Google Cut Worker's Duties After Military Leave, Feds Say

By Vin Gurrieri

Google failed to reinstate a former employee to a similar role after he returned from a yearlong stint in the U.S. Army's Cyber Command unit and eventually laid him off, according to a lawsuit the U.S. Department of Justice filed Thursday in Manhattan.

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EXPERT ANALYSIS

AI Litigation Risks Are Expanding To Affiliated Cos.

Litigation targeting artificial intelligence companies is underway, with claims reaching beyond primary developers and operators to include parties that supply technology and data, invest in and profit from platforms, validate systems, and provide services — so participants in the extended AI ecosystem must prepare, say attorneys at Arnold & Porter.

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Va. Data Center Order Shows State Air Permit Limits

A consent order over data center air pollution violations proposed by Virginia, which Microsoft recently agreed to, demonstrates why an emergency situation may not excuse state air permit noncompliance, and why emergency power reliability and environmental compliance cannot be evaluated in isolation, says Sanaa Chakibi at SICPA Securink.

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3 Eligibility Rulings Show Risks Of Broad Claim Constructions

Several recent decisions from the Federal Circuit, including its ruling in Berkeley v. W.W. Grainger, highlight the importance of identifying the inventive aspects of a patent early in the case so that patentees do not inadvertently read the inventive features out of their own claims, say attorneys at MoFo.

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NHTSA Vehicle Recorder Rule Highlights Crash Data Protocols

An amended rule from the National Highway Traffic Safety Administration will soon require vehicle event data recorders to capture more information about crashes — but to turn that data into evidence, attorneys, claims professionals and fleet managers must properly obtain and preserve it after an incident occurs, says Andrew Haling at Pathway Law.

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Bid Protest Spotlight: Bait-And-Switch, Scope, Performance

In this month's bid protest roundup, Michael Ols at MoFo offers takeaways from recent decisions examining bait-and-switch protest claims, the scope of a contractor teaming agreement and the use of an affiliate’s past performance.

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LEGAL INDUSTRY

Weil's Demise Sparks Shock, Reflection In The Legal World

By Alison Knezevich and Andrea Keckley

The stunning collapse of Weil Gotshal & Manges LLP is the talk of BigLaw this week, as those in the industry grapple with how the powerhouse Wall Street firm could implode so quickly.

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'Leadership Vacuum' Preceded Weil's Collapse

By Daniel Moritz-Rabson and Aebra Coe

A series of leadership failures and strategic missteps preceded the precipitous downfall of Weil Gotshal & Manges LLP, sources told Law360 Pulse.

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Lessons From The Past For Weil's Final Curtain Call

By Rick Archer

Weil Gotshal & Manges LLP leaders may have every reason to agree to an out-of-court wind-down, but dissolving such a storied law firm, which announced Wednesday it intends to shut down following an exodus of attorneys, is not as simple as a handshake among partners, experts said in interviews with Law360 on Wednesday.

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Weil's Collapse Ends Firm's Long Run As Bankruptcy Leader

By Alex Wittenberg

Weil Gotshal & Manges LLP helped pioneer modern bankruptcy practice and earned hundreds of millions of dollars leading many of the biggest Chapter 11 cases in U.S. history. Its collapse this week marks a stunning end to that legacy and reflects major changes in how law firms function today, attorneys told Law360.

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Troutman, Baker McKenzie Report Data Breaches

By Lynn LaRowe

Troutman Pepper Locke LLP and Baker McKenzie experienced data breaches last month as a result of social engineering attacks, according to notices submitted this week to the attorneys general offices in California and Texas.

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Morgan & Morgan Seeks To Block Celebrity Ad Ban In Florida

By Ryan Boysen

Personal injury giant Morgan & Morgan PA has asked a Florida federal court for a preliminary injunction to block a Sunshine State bar rule that forbids celebrity endorsements in attorney advertisements.

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COMPANIES IN TODAY'S NEWS

ASUSTeK Computer Inc.

Advanced Micro Devices Inc.

Advent International Corp.

AirVoice Wireless

Alliance for Automotive Innovation

Amazon.com Inc.

American Bankruptcy Institute

American Economic Liberties Project

American Intellectual Property Law Association

Anthropic PBC

Apollo Global Management LLC

BAE Systems PLC

Baretz & Brunelle LLC

Battelle Memorial Institute Inc.

BioTelemetry Inc.

BlackRock Inc.

Bridgewater Associates LP

Bryn Mawr Trust

Burke Inc.

CACI International Inc.

CVC Capital Partners Ltd.

Cinven Ltd.

Computer & Communications Industry Association

Credit Suisse Group AG

D-Link Corporation

DP World Ltd.

Daimler AG

Discord Inc.

DoorDash Inc.

DraftKings Inc.

Electronic Privacy Information Center

Elliott Investment Management LP

EssilorLuxottica

FCA US LLC

FanDuel Inc.

FedEx Corp.

Fiat Chrysler Automobiles NV

Financial Times Group Ltd.

First Brands Group

Fossil Group Inc.

Gavin Solmonese LLC

General Motors Co.

Google LLC

Greyhound Lines Inc.

Hewlett Packard Enterprise Co.

Instacart

Intel Corp.

InterDigital Inc.

International Business Machines Corp.

JPMorgan Chase & Co.

Juniper Networks Inc.

LG Electronics Inc.

Lehman Brothers Holdings Inc.

Level 3 Communications Inc.

Ligado Networks LLC

LinkedIn Corp.

Live Nation Entertainment Inc.

Lumentum Holdings Inc.

Major Lindsey & Africa LLC

Mariani Co.

Marvell Technology Inc.

Meta Platforms Inc.

Microsoft Corp.

Motorola Mobility LLC

NETGEAR, Inc.

NFL Enterprises LLC

Netflix Inc.

New York University

OnStar LLC

OpenAI OpCo LLC

Palo Alto Networks Inc.

Pershing Square Capital Management LP

Pinnacle Fertility

Plume Design Inc.

QUALCOMM Inc.

Raine

Roblox Corp.

SAE International

SICPA Holding SA

Sequoia Capital Operations LLC

Steward Health Care System LLC

Syngenta AG

TCL Technology Group Corp.

Teladoc Health Inc.

Tesla Inc.

The District of Columbia Bar

The Florida Bar

The Goldman Sachs Group Inc.

The State University of New York

TikTok Inc.

Toast Inc.

U.S. Energy Corp.

Uber Eats

Uber Technologies Inc.

United Airlines Holdings Inc.

Universal Music Group NV

VOYlegal LLC

W.W. Grainger Inc.

Walmart Inc.

Washington Mutual Inc.

Wave Digital Assets LLC

Zeughauser Group LLC

LAW FIRMS IN TODAY'S NEWS

Adamski Moroski

Advisors LLC

Akerman LLP

Alston & Bird

Anapol Weiss

Arnold & Porter

Aylstock Witkin

Baker McKenzie

Blank Rome

Buchalter LLP

Cleary Gottlieb

Cooley LLP

Covington & Burling

Cravath Swaine

Davis Wright Tremaine

Dechert LLP

Dewey & LeBoeuf

Dunn Isaacson Rhee

Eckert Seamans

Fabricant Rubino Lambrianakos

Finnegan

Foley & Lardner

Fragomen Del Rey

Fried Frank

Gibson Dunn

Girard Sharp

Green LLP

Greenberg Traurig

Gupta Wessler

Hogan Lovells

Holland & Knight

Jenner & Block

Kesselman Brantly

Kirkland & Ellis

Labaton Keller

Latham & Watkins

Littler Mendelson

Lowenstein Sandler

Lowey Dannenberg

McDermott Will & Schulte

Morgan & Morgan PA

Morrison & Foerster

Munger Tolles

Nixon & Vanderhye

Norton Rose

Paul Weiss

Proskauer Rose

Selendy Gay

Seyfarth Shaw

Sidley Austin

Simpson Thacher & Bartlett

Siri & Glimstad

Spector Roseman

Squire Patton

Sterne Kessler

Stroock & Stroock

Sullivan & Cromwell

Summit Law Group

Tripp Scott

Troutman

Tusan Law

Weil Gotshal

Willkie Farr

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Attorney General's Office

City of New York

Delaware Department of Natural Resources and Environmental Control

European Commission

European Parliament

European Union

Federal Bureau of Investigation

Federal Communications Commission

Federal Trade Commission

Illinois Attorney General's Office

International Trade Commission

Los Angeles Superior Court

National Highway Traffic Safety Administration

National Institute of Standards and Technology

National Science Foundation

National Telecommunications and Information Administration

Nebraska Attorney General's Office

New York City Council

Patent Trial and Appeal Board

Texas Attorney General's Office

Texas State Securities Board

U.S. Army

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

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Commerce

U.S. Department of Defense

U.S. Department of Justice

U.S. Department of State

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

U.S. District Court for the District of Massachusetts

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 Florida

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. Environmental Protection Agency

U.S. Government Accountability Office

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

Unified Patent Court

Virginia Department of Environmental Quality

Washington State Department of Financial Institutions