Apple Inc. has told the U.S. Supreme Court that the Federal Circuit improperly "lowered the bar" for meeting the U.S. International Trade Commission's domestic industry requirement in patent disputes, by affirming a decision that the Apple Watch infringed Masimo Corp. patents.
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TOP NEWS

Apple Watch Ban In Masimo ITC Patent Case Hits High Court

By Ryan Davis

Apple Inc. has told the U.S. Supreme Court that the Federal Circuit improperly "lowered the bar" for meeting the U.S. International Trade Commission's domestic industry requirement in patent disputes, by affirming a decision that the Apple Watch infringed Masimo Corp. patents.

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Cognizant Knocks Out Fired Worker's $8.4M Retaliation Win

By Patrick Hoff

A New York federal judge granted Cognizant Technology Solutions Corp. a new trial in a lawsuit by an employee who said he was fired for reporting what he alleged was pro-Indian hiring bias, finding that keeping an $8.4 million verdict would be a "miscarriage of justice."

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Thomson Reuters Says DOJ AI Stance Doesn't Back Ross

By Rae Ann Varona

Thomson Reuters told the Third Circuit Thursday in defunct legal tech startup Ross Intelligence's interlocutory appeal of a summary judgment ruling that it infringed Westlaw headnotes that a statement by the U.S. Department of Justice flagged by Ross does not support its fair-use defense.

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Huawei Ripped Off Amazon Cloud Platform IP, Jury Hears

By Stewart Bishop

A former engineer for a U.S. subsidiary of Huawei on Thursday testified that she was shocked and upset after a colleague boasted of co-opting patented code used in Amazon's cloud computing platform, the first of several Huawei employees that are expected to take the stand in the Chinese telecommunications company's RICO trial in New York federal court. 

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Zuckerberg Testifies List Of Kid-Glove Users Not A Problem

By Cara Salvatore

Mark Zuckerberg strenuously disputed in testimony seen Thursday by a New Mexico jury that Facebook's internal list of parties whose content receives special treatment undercuts the company's public declarations that policy-violating content must be taken down without exception.

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DOJ Wants To Quash Apple's Look At Fed Phone-Buying

By Matthew Perlman

The U.S. Department of Justice is asking a New Jersey federal court to overrule an order in the government's monopolization case giving Apple a look at how the Pentagon, CIA, U.S. Department of State and other agencies purchase smartphones and smartwatches.

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Roblox Brass Seek Exit From Insider Trading, Child Safety Suit

By Jarek Rutz

Roblox Corp. directors and executives urged Delaware's chancellor on Thursday to dismiss a stockholder derivative suit accusing them of insider trading and failing to protect children on the video gaming platform, arguing that the board consistently monitored safety risks and that insiders did not trade on material nonpublic information.

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Calif. Enacts Laws To Curb Addictive Feeds, AI Risks For Kids

By Dorothy Atkins

California Gov. Gavin Newsom signed more than a dozen kids online safety bills into law Thursday, expanding student data privacy laws while barring social media companies from offering teens personalized accounts with addictive features and requiring artificial intelligence companies to implement guardrails to prevent teen suicide and self-harm.

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Analysis

Patent Declaratory Judgment Actions Are Back In Vogue

By Theresa Schliep

Companies facing threats of patent infringement lawsuits are increasingly embracing declaratory judgment actions, a trend attorneys attribute to two pro-patent-owner shifts: the low institution rate of Patent Trial and Appeal Board challenges and the growth of Amazon's internal patent dispute process.

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POLICY & REGULATION

Analysis

Executive Privilege Questions Cloud Congressional Probe Prep

By Phillip Bantz

As corporate leaders brace for the possibility of Democrats retaking control of Congress and launching aggressive investigations into the Trump administration's dealings with a vast array of companies, attorneys say a U.S. Justice Department opinion on executive privilege could complicate the probes.

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OpenAI Faces Senate Probe Into Hugging Face Breach

By Craig Clough

Members of a U.S. Senate Homeland Security & Governmental Affairs subcommittee Wednesday sent letters to OpenAI CEO Sam Altman seeking answers about the company's artificial intelligence models breaching Hugging Face's security. 

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Fla. AG Pushes Liability For Chatbots' Role In Crimes

By Carolina Bolado

Florida's attorney general — who has accused OpenAI of facilitating a deadly mass shooting at Florida State University — is now pushing for legislation that would impose heavy fines, payments to victims and monitorship on tech companies whose artificial intelligence chatbots participate in criminal activity.

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Squires Grants 10 Patent Reviews, Rejects None

By Dani Kass

U.S. Patent and Trademark Office Director John Squires has instituted 10 more Patent Trial and Appeal Board petitions, largely in the pharmaceutical space.

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DHS Aims To End 60-Day Grace Period For Certain Work Visas

By Ganesh Setty

The U.S. Department of Homeland Security floated a new rule Thursday that would eliminate a 60-day grace period for holders of H-1B and certain other employment-based visas to remain in the U.S. if they lose their jobs, citing "administrative burden."

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FCC Looks At Modernizing Rules For Ultra-Wideband Devices

By Christopher Cole

The Federal Communications Commission could soon modernize its decades-old rules governing ultra-wideband devices, which are used in a wide range of applications including key fobs and ground-penetrating radars in construction work.

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Network Group Worries FCC Regs Could Hinder AI Growth

By Christopher Cole

A group advocating for networks that power artificial intelligence has voiced concern that the Federal Communications Commission's latest push to restrict foreign equipment could hinder AI's growth.

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China Aims For Early Rollout Of $30B US Tariff Cut Package

By Dylan Moroses

China and the U.S. are working toward implementing a package of tariff reductions for $30 billion worth of goods that cross the countries' borders, a Chinese official for the Ministry of Commerce said during a press briefing Thursday.

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Brief

Senate Panel To Consider Nominee For 3rd FCC Republican

By Christopher Cole

U.S. Sen. Ted Cruz, R-Texas, who chairs the Senate Commerce Committee, announced Thursday that a hearing will be held Sept. 17 for the nomination of Danielle Thumann Severs to the Federal Communications Commission.

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LITIGATION

FCC Ordered To Answer Petition In Discounted Ads Fight

By Aneeta Mathur-Ashton

The Fourth Circuit has ordered the Federal Communications Commission to answer a petition from a group of Democratic candidates seeking to block an agency action that extended discounted television and radio advertising rates to committees that buy spots in coordination with political candidates.

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Expedia Must Face Copyright Claims Over Car Photos

By Elliot Weld

A Washington federal judge on Thursday denied a request from Expedia to exit a copyright infringement suit brought by EVOX Productions LLC claiming the travel booking website made unauthorized use of hundreds of car images.

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Drone Co., Ex-VP Reach Deal Resolving Pay, Sabotage Claims

By Hayley Fowler

A company that makes emergency response drones and its former vice president of sales have settled a dispute in which the executive alleged he was stiffed on pay and the company accused him of trying to sabotage its business, court records show.

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Cellspin Media Patent Suit Should Proceed, Judge Says

By Adam Lidgett

A Texas federal magistrate judge said Wednesday the court should not throw out Cellspin Soft Inc.'s patent lawsuit against Fossil Stores I Inc. over systems that can automatically publish social media content, years after a similar case was tossed in California.

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PTAB Axes Claims In Ex-Intel Chip Patent In Win For Arm

By Adam Lidgett

The Patent Trial and Appeal Board has found that British semiconductor maker Arm Ltd. showed that all the challenged claims of a chip patent owned by patent licensing company Daedalus Prime are invalid.

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Apple Data Delay Stalling High 5 Casino App Deal, Player Says

By Rachel Riley

Apple is refusing to hand over data needed to notify class members and tally damages in a multimillion-dollar class action settlement to resolve allegations that High 5 Games harmed players by operating illegal casino-style mobile apps, the lead plaintiff told a Washington federal judge Wednesday.

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Chinese Vape Co. Wants Price-Fixing MDL Tossed

By Jonathan Capriel

Downstream buyers of cannabis vape brand CCell parts are unable to show that an inherently illegal price-fixing and customer-allocation conspiracy existed between the Chinese manufacturer and four distributors, the companies argued in a dismissal bid, telling a California federal court that the multidistrict litigation complaint describes only "ordinary" business dealings.

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SpaceXAI Says Alleged Grok Child Porn Maker Must Indemnify It

By Spencer Brewer

SpaceXAI LLC on Thursday accused a Pennsylvania man of using its artificial intelligence tool Grok to generate child sexual abuse material, telling a Texas federal court that the man breached the terms of service agreement and must indemnify the company.

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DEALS

Bending Spoons Agrees To Acquire Miro In $1.4B Deal

By Al Barbarino

Italian technology company Bending Spoons said Thursday it has agreed to acquire collaboration software maker Miro at an enterprise value of about $1.36 billion.

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AI Biz Motive Secures $1.3B From General Catalyst

By Jade Martinez-Pogue

Artificial intelligence company Motive on Thursday announced that it secured over $1.3 billion in growth financing, which will be used to boost its platform and scale its go-to-market teams.

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Deals Rumor Mill

TPG, Blue Owl, CVC Exploring Deals, And More Rumors

By Al Barbarino

Private equity firm TPG may be looking to sell Lyric, which could value the healthcare software company at $5 billion; asset manager Blue Owl Capital is exploring the launch of a real estate investment trust; and CVC Capital Partners could sell personal care company Arthea at a $2 billion valuation. 

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BANKRUPTCY

Fla. Fiber Infrastructure Co. Files Ch. 7 With Over $100M Debt

By Emily Lever

Florida-based telecom infrastructure developer Full Circle Fiber has filed for Chapter 7 liquidation in Delaware bankruptcy court with under $10 million in assets and $100 million to $500 million in liabilities.

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ENFORCEMENT

BitConnect Promoter To Pay $1.9M In SEC Settlement

By Sydney Price

A cryptocurrency promoter was ordered by a New York federal judge to pay over $1.9 million to end claims from the U.S. Securities and Exchange Commission that he recruited investors into a $2 billion unregistered cryptocurrency lending program, marking the end of litigation launched in 2021.

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LEGAL TECH

Latham Buys Nvidia Servers For Internal AI

By Matt Perez

Latham & Watkins LLP has purchased servers from technology giant and client Nvidia Corp. to design an in-house artificial intelligence system, the firm confirmed to Law360 Pulse on Thursday.

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EXPERT ANALYSIS

OpenAI Deal Highlights AI Hiring Risks In PERM Process

The U.S. Department of Justice's recent settlement of allegations that OpenAI discriminated against U.S. applicants for positions connected to the permanent labor certification process underscores that employers providing or using artificial intelligence must align their recruitment practices with their overlapping compliance obligations, say attorneys at Duane Morris.

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AI And AML: Rulemakings Lean Into Responsible Innovation

Recent federal rulemaking increasingly supports deployment of artificial intelligence tools for anti-money laundering compliance purposes, and institutions that build clear use and governance frameworks will be best positioned to defend programs when AI systems err, say attorneys at Paul Hastings.

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State AI Safety Laws Raise New Liabilities For Healthcare Cos.

Healthcare and life science companies using third-party artificial intelligence tools should pay particular attention to the changing state-level legal landscape, where the rollout of multiple AI safety laws is introducing both new compliance obligations and potential consumer protection liabilities, say attorneys at McDermott.

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Series

Juggling And Unicycling Make Me A Better Lawyer

Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

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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.

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Engineering Co. Calls Atty-Ouster Bid Retaliatory In Wage Suit

By Benjamin Morse

An engineering company urged a Pennsylvania federal judge to reject a bid to remove its lawyer from a wage case, arguing the worker is retaliating because the company tried to disqualify one of his attorneys from a separate case.

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Law360's Legal Lions Of The Week

By Kevin Penton

Elias Law Group LLP and Stinson LLP lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court ruled that Missouri cannot use a newly drawn congressional map that favors Republicans in the midterms.

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In-House Atty Org. Says Rival Ripped Off Data For AI Tool

By Andrea Keckley

The Association of Corporate Counsel alleges in Delaware federal court that its competitor used the nonprofit's proprietary materials to train its artificial intelligence tool Lloyd and "brazenly promoted its Lloyd product by showing the public that ACC materials could be accessed via Lloyd."

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Greenberg Traurig, Eckert Seamans Hit By Data Breaches

By Ryan Boysen

Greenberg Traurig LLP and Eckert Seamans Cherin & Mellott LLC have publicly revealed that they've been hit by data breaches, adding to the dozens of cybersecurity incidents U.S. law firms have suffered this year.

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Legal Ops Duo Sees AI Driving Department Redesign

By Anna Scott Farrell

Connie Brenton and Jeff Franke consider themselves, and others in the field of legal operations, to be, fundamentally, entrepreneurs. Here, the pair sat down with Law360 Pulse to talk about the state of their field, why legal ops is still misunderstood, and their annual conference, Running Legal Like a Business, which took place this week in Las Vegas.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

AI is driving a significant gap between in-house legal departments' budgets and the cost of their workloads, according to a new study. Speaking of gaps, a new Law360 Pulse report on women in law found that men still make up 71% of law firm equity partners and 63% of nonequity partners. These are some of the stories in corporate legal news you may have missed in the past week.​

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Analysis

Midterm Wins Could Help Dems Probe Trump's BigLaw Deals

By Courtney Bublé

If the Democrats take back one or both chambers of Congress in the midterm elections, a big item on their oversight agenda will be to step up ongoing investigations of the deals that nine major law firms cut with the Trump administration last year.

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Personal Injury Firm Beats Atty's Bid For 'Birth Justice' TM

By Adam Lidgett

A former associate at a personal injury and medical malpractice law firm can't register in her own name a trademark for birth-injury legal services that she helped develop before and during her employment with the firm, the Trademark Trial and Appeal Board has ruled.

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Trial Errors 'Crippled Goldstein's Defense,' 4th Circ. Hears

By Jeff Overley

Appellate luminary Tom Goldstein unveiled a sweeping and forceful critique aimed at erasing his felony fraud convictions, telling the Fourth Circuit that prosecutors were hell-bent on convicting him "no matter the facts or law," disregarded a star witness's "incompetence" and benefited from a trial judge's "inexplicable" rulings.

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Interview

ABA Cyber Task Force Co-Chair Eyes AI Education Boost

By Allison Grande

With the legal industry presenting a more and more enticing target for cyberattacks, it's becoming increasingly important for practitioners to know how to best protect clients' data and most effectively use emerging artificial intelligence tools — a task that the American Bar Association's Cybersecurity Legal Task Force is well positioned to assist with, its incoming co-chair recently told Law360.

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Afghan Woman Deported in 1st 'Alien Terrorist' Case

By Aneeta Mathur-Ashton

The Trump administration deported an Afghan woman accused of plotting an ISIS-inspired mass shooting in the first case before the previously dormant Alien Terrorist Removal Court.

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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.

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Attys Must Arbitrate $8 Oil To Fight $625K Sanction: 9th Circ.

By Jeff Overley

Class action lawyers slapped with six-figure sanctions for suing Walmart Inc. based on erroneous purchase information can't yet challenge the discipline, the Ninth Circuit ruled, suggesting they may first need to arbitrate grievances over an $8 bottle of avocado oil.

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Ex-Wash. Bench Officer Censured Over Explicit Texts, Emails

By Ben Adlin

The Washington State Commission on Judicial Conduct censured a former Okanogan County Superior Court commissioner Friday, finding that Robert Colbert violated the Code of Judicial Conduct by engaging in what a stipulated agreement describes as "unprofessional, inappropriate communications" with a court employee that involved "sexually explicit language."

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Brief

Colo. Governor Appoints Atty To Denver Court

By Rachel Konieczny

Colorado Gov. Jared Polis appointed Friday an attorney to the Denver District Court, filling the vacancy that will be created by a retirement on the bench.

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COMPANIES IN TODAY'S NEWS

3M Co.

ARM Holdings PLC

Agricultural Products Extension LLC

Airtable

Amazon.com Inc.

American Bar Association

Amphenol Corp.

Anthropic PBC

Apple Inc.

Association of Corporate Counsel

BARBRI

Berkshire Partners LLC

Blue Owl Capital Inc.

Boyer Co.

Brightcove Inc.

CVC Capital Partners Ltd.

CVS Health Corp.

Canna Brand Solutions

Character.AI

Cisco Systems Inc.

Cloudera Inc.

Cognizant Technology Solutions Corp.

Comcast Corp.

Corporate Legal Operations Consortium

Elegant Enterprise-Wide Solutions Inc.

Expedia Group Inc.

Exxon Mobil Corp.

FirstMark Capital LLC

Fitbit Inc.

Fujitsu Ltd.

Futurewei Technologies Inc.

GE Aerospace

Gelman, Rosenberg & Freedman

Google LLC

Greenlane Holdings Inc.

HSBC Holdings PLC

Hazelden Betty Ford Foundation

Hotwire Inc.

Huawei Technologies Co. Ltd.

Humana Inc.

Instagram Inc.

Institutional Shareholder Services Inc.

International Business Machines Corp.

Jeppesen Sanderson Inc.

Johnson & Johnson

K12 Inc.

Kering SA

L'Oreal SA

Lex Machina Inc.

LexisNexis Legal & Professional

Masimo Corp.

MediaTek Inc.

Merck & Co. Inc.

Meta Platforms Inc.

Microsoft Corp.

Mill Point Capital

Miro

NVIDIA Corp.

National Republican Congressional Committee

New York University

Nike Inc.

Nortel Networks Corporation

Okta Inc.

OpenAI OpCo LLC

Oracle Corp.

Pinterest Inc.

RELX PLC

Raine

Redbud Roots Inc.

Roblox Corp.

SVB Financial Group

Salesforce.com Inc.

Smoore International Holdings Ltd.

Snap Inc.

Starbucks Corp.

Tata Consultancy Services Ltd.

TechGC

Temple University

Thales SA

The Kraft Heinz Co.

The New York Times Co.

Thomson Reuters Corp.

TikTok Inc.

TotalEnergies SE

Under Armour Inc.

Vimeo Inc.

Walmart Inc.

Warburg Pincus LLC

Workday Inc.

Yahoo Inc.

YouTube Inc.

LAW FIRMS IN TODAY'S NEWS

A&O Shearman

Alioto Law Firm

Alston & Bird

ArentFox Schiff

Arete Law Group

Arnold & Porter

Ascenda Law Group

Ashurst Perkins

Baker Botts

Barnes & Thornburg

Blue Filament Law

Brown Pruitt

Bruckner Burch

Callahan & Blaine

Carney Badley

Christensen O'Connor

Cleary Gottlieb

Clement & Murphy

Consovoy McCarthy

Cooch & Taylor

Cooley LLP

Crowell & Moring

DLA Piper

Davis Wright Tremaine

DiCello Levitt

Dinsmore & Shohl

Dovel & Luner

Duane Morris

Dunn Isaacson

Eckert Seamans

Edelson PC

Elias Law Group LLP

Emery Reddy

Federman & Sherwood

Fenwick & West

Finnegan

Fish & Richardson

Freshfields

Friedland Cianfrani

Frontier Law Center

Garteiser Honea

Gibson Dunn

Glacier Law LLP

Goldberg Kohn

Goodrich & Geist

Goodwin Procter

Grabar Law

Greenberg Traurig

Grellas Shah

Gustafson Gluek

Hach Rose Schirripa

Hausfeld LLP

Haynes Boone

Hogan Lovells

Holland & Hart

Ice Miller

Jackson Lewis PC

Jenner & Block

Jones Day

Josephson Dunlap

Kaskela Law

Keker Van Nest & Peters

Kiklis Law

King & Spalding

Kirkland & Ellis

Knobbe Martens

Kopelowitz Ostrow

Kotchen & Low

Kramer LLP

Latham & Watkins

Lewis Brisbois

Littler Mendelson

Mayer Brown

McCarter & English

McDermott Will & Schulte

McGinn Montoya

McGuireWoods

Meritz Reddy

Milbank LLP

Miller & Chevalier

Morgan Lewis

Neal Gerber

Nelson Mullins

Ni Wang & Massand

O'Melveny & Myers

Olsman MacKenzie

Pallas Partners

Paul Hastings

Paul Weiss

Pillsbury Winthrop

Quinn Emanuel

R. McConnell Group PLLC

Robbins LLP

Sidley Austin

Simpson Thacher & Bartlett

Skadden Arps

Smith Currie

Steptoe LLP

Stinson LLP

Stockwell Sievert

Stone Pigman

Stradling Yocca

Taft Stettinius

Tousley Brain

Walsh Pizzi

Washington & Washington

Wheeler Trigg

White & Case

Williams & Connolly

Willkie Farr

WilmerHale

Womble Bond

Young Conaway

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Attorney General's Office

Central Intelligence Agency

Chinese Ministry of Commerce

Delaware Court of Chancery

Employee Benefits Security Administration

Equal Employment Opportunity Commission

European Commission

European Union

Executive Office of the President

Federal Bureau of Investigation

Federal Communications Commission

Federal Deposit Insurance Corp.

Federal Reserve System

Financial Crimes Enforcement Network

Financial Stability Oversight Council

Information Commissioner's Office

International Trade Commission

National Aeronautics and Space Administration

National Credit Union Administration

National Labor Relations Board

National Security Agency

New Mexico Attorney General's Office

New York Attorney General's Office

New York Department of Financial Services

North Carolina Secretary of State

Office of the Comptroller of the Currency

Office of the Director of National Intelligence

Office of the U.S. Trade Representative

Office of the Vermont Attorney General

Patent Trial and Appeal Board

Pennsylvania Supreme Court

Texas Attorney General's Office

Texas State Securities Board

U.S. Attorney's Office

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

U.S. Bankruptcy Court for the District of Delaware

U.S. Citizenship and Immigration Services

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 Third Circuit

U.S. Department of Commerce

U.S. Department of Education

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 Treasury

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 Delaware

U.S. District Court for the District of Maryland

U.S. District Court for the District of Minnesota

U.S. District Court for the District of New Jersey

U.S. District Court for the District of Rhode Island

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

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

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

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 Florida

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

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

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

U.S. Environmental Protection Agency

U.S. General Services Administration

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court