With former Theranos CEO Elizabeth Holmes' criminal case receiving renewed attention following the recent release of Nathan Fielder and Lance Oppenheim's documentary "You Can See Everything," Law360 answers questions about Holmes' 2022 securities fraud conviction and fact-checks some of the documentary's most talked-about moments.
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TOP NEWS

Analysis

'Why Would I Deceive You?': Fact-Checking The Holmes Doc

By Dorothy Atkins

With former Theranos CEO Elizabeth Holmes' criminal case receiving renewed attention following the recent release of Nathan Fielder and Lance Oppenheim's documentary "You Can See Everything," Law360 answers questions about Holmes' 2022 securities fraud conviction and fact-checks some of the documentary's most talked-about moments.

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Google Search Judge 'Increasingly Concerned' By Fix Delays

By Bryan Koenig

Nearly a year after issuing his final mandates ordering Google to prop up search engine rivals with data and syndicated search results, a D.C. federal judge expressed concern during a hearing Friday that the process of readying the monopolization fixes won by the U.S. Department of Justice continues to drag on.

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'I Can't Get An Answer': Fair Use Fight Irks Anthropic Judge

By Dorothy Atkins

A California federal judge overseeing music publishers' high-stakes copyright fight with Anthropic over song lyrics expressed frustration during a hearing Friday, calling Anthropic's fair use arguments "slippery" and citing an "overarching concern" that she can't get clear answers about the categories of AI outputs at issue.

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9th Circ. Backs Meta In Publisher's Appeal Over Account Ban

By Hailey Konnath

The Ninth Circuit Friday affirmed a lower court's dismissal of a Canadian news site's claim that Meta breached their agreement when it canceled the site's Facebook account, finding that Meta was acting in its capacity as a publisher and is therefore shielded by Section 230 of the Communications Decency Act.

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OpenAI, Microsoft Copyright Feud Spurs Wave Of Amici Briefs

By Ivan Moreno

A flurry of proposed friend-of-the-court briefs in the OpenAI copyright multidistrict litigation is urging a New York federal judge to treat model training, the acquisition of copyrighted material, and artificial intelligence-generated answers as distinct acts rather than trying to resolve them under a single fair-use ruling.

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Squires Says AI Advances Will 'Reinvigorate' The IP System

By Ryan Davis

U.S. Patent and Trademark Office Director John Squires said at a conference Friday that the advent of artificial intelligence has the office "questioning everything," and he believes the technology "completely reinvigorates and allows for renewed confidence" in the patent system.

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Interview

The SEC Is Reading Your Corporate AI Disclosures

By Jessica Corso

The top cop at the U.S. Securities and Exchange Commission says agency attorneys are on the lookout for at least two types of artificial intelligence-related fraud: those that use AI to dupe social media users and those committed by companies that fail to properly disclose their use of the new technology.

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How They Won It

How A Cigar Box And An Expert On Lying Cost Meta $25B

By Cara Salvatore

Two lawyers who won $25 billion at a closely watched corporate deception trial against Meta said they followed three simple rules: Take extreme care with your jury questionnaire, devise your trial themes during discovery and don't be afraid of a lead witness who specializes in abstract theory.

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Law360 MVP Awards Go To Top Attorneys From 89 Firms

The lawyers chosen as Law360's 2026 MVPs stand out from their peers by notching significant achievements in high-stakes litigation, complex global matters and record-setting transactions.

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POLICY & REGULATION

Analysis

3 Ways Burgeoning AI Use Can Trip Up Benefits Providers

By Kellie Mejdrich

As the use of artificial intelligence in the employee benefits space grows, experts warn that companies need to be vigilant to guard against mishaps caused by the emerging technology. Here, Law360 looks at three areas where benefits attorneys say AI can cause legal headaches.

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Cruz Counsel Returns To FCC As Space Bureau Chief

By Nadia Dreid

The Federal Communications Commission has named a former employee with experience in both the public and private sectors to head the agency's Space Bureau, after a stint as chief telecommunications counsel to the Senate Commerce Committee.

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FCC Mulls Order Overriding Calif. Carrier Rules

By Nadia Dreid

The Federal Communications Commission is thinking about preempting California's carrier of last resort regulations to allow AT&T to continue with its copper landline retirement in the Golden State, something California regulators have refused to sign off on.

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FCC To Look At Clearing Airwaves For Moving Earth Stations

By Christopher Cole

The Federal Communications Commission will in November consider an order that would make it easier under agency rules to deploy earth stations in motion that are mounted on ships, planes, vehicles and drones.

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Brief

Hong Kong Telecom Ends US Services In FCC Deal

By Aneeta Mathur-Ashton

The Federal Communications Commission said Friday it has reached a consent decree resolving its investigation of Hong Kong telecom company HKT over its ties to Chinese Communist Party.

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LITIGATION

Fed. Circ. Upholds BeSang Patent, Keeps Micron Ruling Intact

By Adam Lidgett

The Federal Circuit on Friday affirmed the Patent Trial and Appeal Board's rejection of Micron Technology's and Intel Corp.'s challenges to a BeSang Inc. computer memory patent, but also upheld a ruling that led BeSang to concede Micron doesn't infringe.

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Seed-Drill Patent Dispute Sent Back To PTAB By Fed. Circ.

By Elliot Weld

The Federal Circuit on Friday vacated a Patent Trial and Appeal Board decision finding that agricultural services firm Precision Planting LLC had not shown that a patent covering seed drills was obvious.

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Fed. Circ. Backs Sonos In Google Encryption Patent Fight

By Adam Lidgett

The Federal Circuit on Friday said it won't reinstate Google's allegations that Sonos infringed a wireless technology patent, agreeing with how a California federal judge interpreted key language in the patent when looking at two of the search engine giant's infringement theories.

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9th Circ. Ruling Revives Meta DMV Data Suit, Drivers Say

By Jonathan Capriel

Two California drivers urged a San Francisco federal judge to revive their lawsuit accusing Meta of harvesting "vast quantities" of personal and confidential information from the state's Department of Motor Vehicles website, pointing to the Ninth Circuit's finding that unauthorized disclosure of even seemingly mundane information is a concrete injury.

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Tesla Drivers Urge Full 9th Circ. To Save False Ad Class

By Linda Chiem

Drivers have asked the full Ninth Circuit to clarify the standard for certifying class actions accusing companies of deceptive advertising, saying they should be allowed to forge ahead with classwide claims alleging Tesla misled customers about the autonomous or self-driving capabilities of its vehicles.

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Jury Rules Tax Software Co. Didn't Illegally Poach Workers

By Asha Glover

Tax software company Avalara did not illegally lure six workers away from a company acquired by rival Vertex, a Pennsylvania federal jury decided, clearing Avalara of trade secrets theft.

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Cyberattack Class Action Against Fox Rothschild Dropped

By Madison Arnold

Three data breach victims have dismissed their proposed class action against Fox Rothschild LLP after ransomware group Silent Ransom Group targeted the firm.

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ChargePoint To Fund $11M Investor Deal From Its Own Cash

By Craig Clough

ChargePoint Holdings Inc. investors inked an $11 million deal to end a proposed securities class action alleging the electric vehicle charging company improperly inflated its revenues, according to a motion filed Thursday asking a California federal judge to preliminarily approve the settlement.

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AI Music Startup Wants Labels' Second IP Suit Paused

By Carolyn Muyskens

Suno Inc. asked a Massachusetts federal judge Friday to pause a second lawsuit from Sony Music Entertainment and Universal Music Group over alleged use of artists' songs to train an artificial intelligence music generator, saying the parties should wait for key rulings in the labels' other suit.

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Sony, STMicroelectronics Face Patent Suits Over Sensor Tech

By Adam Lidgett

Omni MedSci has hit Japanese electronics giant Sony and European semiconductor company STMicroelectronics with lawsuits in Texas federal court accusing them of infringing patents on technology used in Apple products.

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Ga. Developer Fights Coverage Denial For Fraud Loss

By Danielle Ferguson

A developer told a Georgia federal court that a Chubb unit wrongly denied coverage for losses stemming from a third party's accessing of a client's payment portal to direct payments away from the developer.

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DEALS

Roundup

Taxation With Representation: Kirkland, Gibson Dunn, Cravath

By Zak Kostro

In this week's Taxation with Representation, Blackstone, Bank of America, Citi and Morgan Stanley announce a financing structure to buy Broadcom artificial intelligence chips and network components for Anthropic, EQT acquires Range Resources to create a powerhouse natural gas company, and DoorDash buys Instacart.

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Davis Polk-Led Fintech Startup OPay Prices $304M IPO

By Jade Martinez-Pogue

Nigerian digital bank and financial technology startup OPay began trading publicly in the U.S. on Friday after it raised $304 million in its initial public offering steered by Davis Polk & Wardwell LLP and Simpson Thacher & Bartlett LLP.

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ENFORCEMENT

Mich. AG Challenges Google Data Center Power Deal Approval

By Tom Lotshaw

Michigan Attorney General Dana Nessel asked a state utility regulator Friday to reconsider its recent approval of DTE Electric Co.'s application to service a 1-gigawatt Google data center near Detroit, asserting that it should impose stronger ratepayer protections or vote the deal down.

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Analysis

Binance's $6.3B Crypto Hack Puts Customer Trust To The Test

By Allison Grande

The record $6.3 billion hack of Binance is likely to test customers' faith in the cryptocurrency giant, with its ability to repay losses and willingness to take steps to strengthen its cyber defenses poised to shape whether investors stick with the platform.

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EXPERT ANALYSIS

Risk Management Tips For Cos. Deploying Open-Weight AI

While many enterprises building out their artificial intelligence strategies are considering open-weight models, the Open-Source AI Leadership Act and accompanying congressional oversight letters to prominent tech and consumer companies signal that opportunity and legal risk are being discovered and evaluated on the same timeline, say attorneys at Cooley.

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How AI Could Help Judges Spot Their Own Biases

In close cases where there’s room for discretion, artificial intelligence could challenge judges’ implicit biases by running counterfactual tests at scale — but any judicial use of such tools would need guardrails, say Arnold Peter at Peter Law and Nancy Rapoport at University of Nevada.

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LEGAL INDUSTRY

Are You Happy With Your In-House Role? Take Our Survey

Is your company giving you everything you need to succeed? What are some misconceptions about working in-house? Help Law360 Pulse answer these questions and more in this year's In-House Satisfaction Survey.

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Ramona Nee, Tapped To Lead Weil, Now In Talks With Kirkland

By Daniel Moritz-Rabson

Ramona Nee, the co-leader of Weil Gotshal & Manges LLP's U.S. private equity practice who had been poised to become its leader, is engaged in talks to join Kirkland & Ellis LLP, a source with knowledge of the situation told Law360 Pulse on Friday.

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K&L Gates DQ'd In Trust's Mortgage Loan Agreement Dispute

By Isaac Monterose

A Washington federal judge disqualified K&L Gates LLP from a trust's dispute over a residential mortgage loan sale agreement, ruling that the law firm must leave the suit because it drafted the form agreement used in the transaction.

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Jackson Walker Inks $500K Deal In EXCO's Ch. 11 Fee Fight

By Clara Geoghegan

Jackson Walker has agreed to pay EXCO Resources Inc. $500,000 to end litigation over fees paid to the firm while one of its partners was in an undisclosed relationship with the former bankruptcy judge who mediated in the reorganized oil and gas driller's Texas Chapter 11.

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Fed. Judge A No-Show Amid Inquiry Into Her Mental Health

By Craig Clough

U.S. District Judge Ada Brown of the Northern District of Texas failed to appear Friday before a judicial investigative committee examining allegations that she abandoned her post and concerns that a mental condition may be interfering with her ability to perform her duties.

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Judge Opens Ethics Inquiry Into DOJ's Golf Course Candor

By Jared Foretek

A D.C. federal judge opened an inquiry Friday into whether Trump administration attorneys and officials violated their ethical obligations to the court when they repeatedly told her that there were no plans to close East Potomac Golf Course for an overhaul at President Donald Trump's behest.

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Kalshi Taps Clement For High Court Sports Contracts Fight

By Elaine Briseño

Kalshi has hired appellate heavyweight Paul D. Clement of Clement & Murphy PLLC to represent the company in its potential U.S. Supreme Court battle over whether the prediction markets platform's sports wagering is subject to state or federal oversight.

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DOJ Backs Ex-Wisconsin Judge's ICE Obstruction Conviction

By Andrea Keckley

The U.S. Department of Justice told the Seventh Circuit that the high-profile conviction of a former Wisconsin state court judge for interfering with an ICE arrest was not compromised by her position on the bench or by jury instructions.

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Roundup

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

Meta reached a settlement during jury selection in the second Los Angeles bellwether trial over claims its Instagram platform harms the mental health of children, leaving Snap as the lone defendant facing trial. In the meantime, current and former in-house lawyers for Google and Meta said that the ability of AI 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. These are some of the stories in corporate legal news you may have missed in the past week.

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Law360's Legal Lions Of The Week

By Kevin Penton

Consovoy McCarthy PLLC and Smith Porsborg Schweigert Armstrong Moldenhauer & Smith lead this week's edition of Law360 Legal Lions, after the Eighth Circuit struck down the Federal Reserve's regulatory cap on the swipe fees that larger banks may collect on debit card transactions.

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Up Next At High Court: Religious Liberty & Unpled Defenses

By Katie Buehler

The U.S. Supreme Court will begin its November sitting by hearing oral arguments in a case challenging the constitutionality of Colorado's universal preschool program and a dispute asking the justices to settle a circuit split over whether defendants in civil lawsuits can seek summary judgment based on unpled affirmative defenses.

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Roundup

Hub Hires: WilmerHale, Womble Bond, Kirkland

By Chris Villani

Falling temperatures didn't bring a cooldown in the Boston legal lateral market as WilmerHale and Robinson & Cole LLP both welcomed former assistant attorneys general, Honigman LLP established its first office in the market, and Kirkland & Ellis LLP snagged a partner from Ropes & Gray LLP.

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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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COMPANIES IN TODAY'S NEWS

ABA Journal

AHP Servicing LLC

AT&T Inc.

Accenture PLC

Aires

Ameriben Solutions Inc.

American Bar Association

American Federation of Musicians

American Homeowner Preservation LLC

American Intellectual Property Law Association

American Psychiatric Association

Anthropic PBC

Apple Inc.

Association of American Publishers

Avalara Inc.

BPGbio Inc.

Bank of America Corp.

Bayer AG

Binance Holdings Ltd.

Blackstone Inc.

Broadcom Inc.

ChargePoint Inc.

China Unicom (Hong Kong) Ltd.

Citigroup Inc.

Concord Music Group Inc.

Consumer Technology Association

Democracy Forward Foundation

DoorDash Inc.

EQT Corp.

EXCO Resources, Inc.

Employee Benefit Research Institute

Federal Capital Partners

Fifth Third Bancorp

Foundation Building Materials

Google LLC

Honda Motor Co. Ltd.

Instacart

Instagram Inc.

Intel Corp.

Johnson & Johnson

Lehman Brothers Holdings Inc.

Lowe's Cos. Inc.

Meta Platforms Inc.

Micron Technology Inc.

Microsoft Corp.

Monsanto Co.

Morgan Stanley

Mozilla Corp.

NFL Enterprises LLC

New York State Bar Association

OpenAI OpCo LLC

PCCW Ltd.

Paramount Global

Precision Planting

Range Resources Corp.

Renaissance Capital

Rocket Cos.

Rocket Mortgage LLC

STMicroelectronics NV

Samsung Electronics Co. Ltd.

Screen Actors Guild-American Federation of Television & Radio Artists

Snap Inc.

SoftBank Group Corp.

Sonos Inc.

Sony Music Entertainment Inc.

Space Exploration Technologies Corp.

Spotify Technology SA

State Bar of Michigan

TRM Labs Inc.

Technology One Ltd.

Tesla Inc.

The Cigna Group

The Goldman Sachs Group Inc.

The New York Times Co.

The Progressive Corp.

Themis Solutions Inc.

UnitedHealth Group Inc.

Universal Music Group NV

University of California Davis

Vercel

Verizon Communications Inc.

Vertex Inc.

Wikimedia Foundation Inc.

YouTube Inc.

Ziff Davis Holdings Inc.

LAW FIRMS IN TODAY'S NEWS

Agnifilo Intrater

Ahmad Zavitsanos

Akin Gump

Anderson Kill

Armond Wilson

Ashurst Perkins

Bailey Duquette

Baker & Hostetler

Baker Botts

Barnes & Thornburg

Bass Berry

Beck Redden

Benesch

Bernstein Litowitz

Beveridge & Diamond

Blank Rome

Boies Schiller

Bracewell LLP

Bradley Arant

Brown Rudnick

Byrnes Keller

Cahill Gordon

Caldwell Cassady

Carney Bates

Casey Gerry

Clarick Gueron

Cleary Gottlieb

Clement & Murphy

Cloherty & Steinberg

Cohen & Buckmann

Cohen Milstein

Cohen Ziffer

Consovoy McCarthy

Cooley LLP

Cooper & Kirk

Cotchett Pitre

Covington & Burling

Cowan DeBaets

Cravath Swaine

DLA Piper

Davis Polk

Davis Wright Tremaine

Debevoise & Plimpton

Dechert LLP

Devlin Law Firm PC

DiCello Levitt

Duane Morris

Dudensing Law

Dunn Isaacson Rhee

Faegre Drinker

Federman & Sherwood

Foley & Lardner

Fox Rothschild

Freshfields

Gardella Alciati

Gibson Dunn

Goodwin Procter

Gordon Rees

Gordon Tilden

Goulston & Storrs

Greenberg Traurig

Gupta Wessler

HSF Kramer

Hagens Berman

Hogan Lovells

Holland & Knight

Honigman LLP

Hovey Williams

Hueston Hennigan

Ice Miller

Irell & Manella

Jackson Lewis PC

Jenner & Block

Jones Day

K&L Gates

Kaplan Martin

Kasowitz LLP

Keker Van Nest & Peters

Keller Rohrback

Kelley Drye

King & Spalding

Kirkland & Ellis

Klaris Law

Knobbe Martens

Kopelowitz Ostrow

Koskoff Koskoff

Labaton Keller

Latham & Watkins

Lieff Cabraser

Lockridge Grindal

Loevy & Loevy

Lowell & Associates

Mandelbaum Barrett

Mayer Brown

McDermott Will & Schulte

McGinn Montoya

McGuireWoods

Milbank LLP

Milberg PLLC

Morgan Lewis

Morrison & Foerster

Munger Tolles

Nixon Peabody

Norton Rose

Nossaman LLP

Nutter McClennen

O'Melveny & Myers

Oppenheim & Zebrak

Orrick Herrington

Panish Shea

Patterson Belknap

Paul Hastings

Paul Weiss

Peter Law Group

Pillsbury Winthrop

Proskauer Rose

Quinn Emanuel

Robinson & Cole

Ropes & Gray

Rothwell Figg

Ruggeri Parks

Rusty Hardin

Ruttenberg IP Law

Seward & Kissel

Seyfarth Shaw

Shamis & Gentile

Shegerian & Associates

Sheppard Mullin

Sidley Austin

Simpson Thacher & Bartlett

Skadden Arps

Smith Currie

Smith Porsborg

Spencer Fane

Steptoe LLP

Sterne Kessler

Stris & Maher

Sullivan & Cromwell

Susman Godfrey

TorHoerman Law

Tucker Ellis

Wachtell Lipton

Weil Gotshal

Wiley Rein

Williams & Connolly

Willkie Farr

WilmerHale

Wilson Sonsini

Winston Taylor

Womble Bond

deRubertis Law Firm

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Department of Motor Vehicles

California Public Utilities Commission

Colorado Attorney General's Office

Commodity Futures Trading Commission

Defense Intelligence Agency

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Bureau of Prisons

Federal Communications Commission

Federal Reserve System

Federal Trade Commission

Food and Drug Administration

House Committee on Energy and Commerce

National Capital Planning Commission

National Park Service

National Security Agency

New Mexico Attorney General's Office

Patent Trial and Appeal Board

Texas Department of Criminal Justice

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

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

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Department of Commerce

U.S. Department of Justice

U.S. Department of the Interior

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

U.S. District Court for the District of Columbia

U.S. District Court for the District of Massachusetts

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

U.S. District Court for the District of Oregon

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

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 Georgia

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

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

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

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

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

U.S. House of Representatives

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

Wisconsin Supreme Court

World Intellectual Property Organization