Technology

  • January 27, 2022

    IP Forecast: S&P To Fight Claims Its TM Suit Came Too Late

    S&P Global will ask a Delaware federal judge next week to keep alive parts of its trademark suit against a call service center named S&P Data, in the face of claims that lawyers for the market ratings giant knew about the name of the smaller business for years before suing. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • January 27, 2022

    Breyer's Departure Opens Door For More Reliable Privacy Vote

    Retiring U.S. Supreme Court Justice Stephen Breyer has had a mixed record on defending individuals from warrantless government searches and unwanted robocalls, presenting an opportunity for the "wild card" to be replaced with a jurist who's more solidly on the side of protecting privacy and civil liberties. 

  • January 27, 2022

    Lil Yachty Says NFT Biz Used His TMs To Boost Cash Flow

    Rapper Lil Yachty filed a trademark infringement suit in California federal court against two music companies he claims used his likeness and name without his permission to raise over $6.5 million in venture capital funds for a line of nonfungible tokens.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Fireblocks Says $550M Fundraise Yielded Record Valuation

    Fireblocks said Thursday it raised a whopping $550 million in a Series E funding round valuing the company at $8 billion, which it touted as the highest valuation for a digital-asset infrastructure business.

  • January 27, 2022

    Split Fed. Circ. Reverses Data IP Indefiniteness Ruling

    A split Federal Circuit panel has undone a California federal court's decision that invalidated claims in Nature Simulation Systems' computer-aided design patents as indefinite, finding the lower court didn't do a proper analysis of whether the claims were actually valid or not.

  • January 27, 2022

    Apple, Gibson Dunn Beat COVID App Maker's Sanction Bid

    An app developer waited too long to request sanctions against Apple Inc. and its counsel Gibson Dunn & Crutcher LLP for their alleged conduct in a now-dismissed lawsuit accusing Apple of blocking competing coronavirus-tracking apps from its App Store, a California federal judge ruled Wednesday.

  • January 27, 2022

    Apple Can't Hide Behind Privacy In Epic Fight, 9th Circ. Told

    Nearly 40 law, business and economics academics urged the Ninth Circuit on Thursday to upend Apple's win over Epic Games' allegations that the technology giant's App Store policies are anti-competitive, arguing the judge wrongly accepted Apple's justifications that restrictions on third-party app distribution are necessary to protect users.

  • January 27, 2022

    FCC Kicks Off Study For Broadband 'Nutrition Labels'

    The Federal Communications Commission voted unanimously Thursday to begin considering new rules that would require broadband providers to display easy-to-understand labels to allow consumers to comparison shop for broadband services, similar to nutrition labels on foods.

  • January 27, 2022

    Lyft Judge Rips 'Ridiculous' AGIS Bid To Kick IP Suit To Texas

    A California federal judge said Thursday she'll toss Lyft's suit seeking a declaration that its app doesn't infringe AGIS Software's five patents, but she said Lyft could conduct discovery and amend the suit, and slammed as "ridiculous" AGIS' bid to move the fight to Texas.

  • January 27, 2022

    Alsup Fears $50M Pinterest Workplace Deal May Be 'Cosmetic'

    U.S. District Judge William H. Alsup said Thursday he's inclined to greenlight Pinterest's $50 million deal resolving derivative shareholder litigation alleging discriminatory workplace conditions, but expressed several concerns, saying he's seen "cosmetic settlement after cosmetic settlement" and "this kind of looks like that scenario."

  • January 27, 2022

    Facebook Data Antitrust Suits Get New Judge

    A string of cases in California federal court accusing Facebook of monopolizing social media markets through its use of consumer data have been reassigned to a new judge thanks to the recent elevation of Judge Lucy H. Koh to the Ninth Circuit.

  • January 27, 2022

    Privacy Groups Push 'Fourth Amendment Not For Sale' Bill

    Consumer privacy advocates are urging lawmakers to advance a bill to prevent law enforcement and intelligence agencies from buying Americans' private data from telecom providers.

  • January 27, 2022

    Google GC Named To Board Of Legal Diversity Council

    The Leadership Council on Legal Diversity has grown its board of directors by adding Google's general counsel, the group of chief legal officers and law firm managing partners said Thursday, drawing on a seasoned in-house leader whose commitments include increasing her retention of minority- and women-owned law firms.

  • January 27, 2022

    4 Firms Rep As Satellite Biz D-Orbit Goes Public In $1.3B Deal

    Italian satellite launch business D-Orbit SpA said Thursday it's going public by merging with blank-check company Breeze Holdings Acquisition Corp. in a deal with an enterprise value of $1.28 billion and that was led by four law firms, including K&L Gates LLP and Woolery & Co. PLLC.

  • January 27, 2022

    Axiata To Buy $606M Stake In Indonesian TV, Broadband Co.

    Malaysian telecommunications company Axiata Group Berhad will acquire Indonesian television and broadband operator PT Link Net in a two-part transaction that first sees the buyer paying about 8.72 trillion Indonesian rupiah ($606.2 million) for a stake of more than 66%, the companies said Thursday.

  • January 27, 2022

    Robinhood Defeats Investors' 'Meme Stock' Claims

    Robinhood on Thursday defeated claims that it wrongly blocked investors from buying "meme stocks" during last year's market volatility, with a Florida federal court finding the stock-trading platform acted within the scope of its customer agreement.

  • January 27, 2022

    Ex-V&E Gov't Contracts Co-Chair Jumps To McDermott

    A former Vinson & Elkins LLP partner is moving to McDermott Will & Emery LLP to take the reins of the firm's government contracts practice.

  • January 27, 2022

    FCC Revokes China Unicom's Right To Operate In US

    The Federal Communications Commission voted on Thursday to block China Unicom from continuing to operate communications networks in the U.S., citing national security risks based on the company's ties to the Chinese government. 

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Deals Rumor Mill: Nvidia, Unilever, Kim Kardashian's Skims

    Nvidia will ditch its $40 billion purchase of U.K. semiconductor company Arm, activist billionaire Nelson Peltz has amassed a stake in European consumer goods giant Unilever, and Kim Kardashian's Skims brand has achieved a $3.2 billion valuation. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • January 27, 2022

    The Implications Of CFIUS' Rising Profile On M&A

    The Committee on Foreign Investment in the U.S. is viewed as an effective tool for policing mergers and acquisitions with foreign investment components, but experts say its increasing prominence means more legal work on the front end of deals, and a growing number of lawmakers say it should shoulder even more responsibility.

  • January 27, 2022

    Davis Polk-Led Credo Raises $200M In Downsized IPO

    Credo Technology Group Holding Ltd., a global semiconductor firm, began trading Thursday after raising $200 million in a downsized initial public offering priced at the bottom of its range, with guidance by Davis Polk & Wardwell and underwriters counsel Sullivan & Cromwell.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

Expert Analysis

  • Opinion

    Biden FRAND Policy Will Help Protect Competition

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    The Biden administration's recently issued draft policy statement on licensing negotiations and remedies for standard-essential patents subject to voluntary fair, reasonable and nondiscriminatory terms is a welcome departure from the previous U.S. Department of Justice's flawed approach to navigating the intersection of antitrust and intellectual property, says Timothy Muris at Sidley.

  • Opinion

    USPTO Must Revoke Fintiv Rule With Or Without New Director

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    Although U.S. Patent and Trademark Office director nominee Kathi Vidal didn't commit in her Senate hearing to striking down the Patent Trial and Appeals Board's plainly unlawful NHK-Fintiv discretionary denial practice benefitting patent trolls, the agency can and should revoke the rule now, says Scott McKeown at Ropes & Gray.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Scope, Circumvention, New Shippers: Key Rule Changes

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    William Isasi and Rishi Gupta at Covington suggest practices international trade practitioners should adopt in response to changes in U.S. Department of Commerce procedures for requesting scope and circumvention inquiries and new shipper reviews, especially in light of the newly retroactive application of some agency determinations.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • Opinion

    FTC Rulemaking Risks Expansion Of Unfair-Method Bounds

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    The Federal Trade Commission's plan to issue rules defining unfair methods of competition under Section 5 of the FTC Act arguably exceeds the commission's power, and isn't justified, because the current case-by-case approach to promoting competition through adjudication is preferable, says Sean Gates at Charis Lex.

  • Germany's Google Controls Illustrate Global Antitrust Trend

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    Germany's recent move to rein in Google with extended restrictions on anti-competitive behavior provides an example of the new aggressive stance regulators around the world are adopting as tech giants grow their power in the digital economy, says Andrea Pomana at ADVANT Beiten.

  • What To Expect From Merger Guideline Modernization

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    The U.S. Department of Justice's and Federal Trade Commission's recent request for comment on amending the merger review guidelines provides perhaps the clearest indication yet of where guideline revisions might focus, including on structural presumptions, the role of market definition and the effect of transactions on labor, say attorneys at MoFo.

  • Reevaluating Organizations' Cybersecurity Needs After Log4j

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    A recently unearthed vulnerability in the popular Apache Log4j software is the latest cyber incident that shows the whack-a-mole response is not sufficient, but there are certain reorientation strategies that can effectively mitigate cybersecurity risk, say Colin Jennings and Ericka Johnson at Squire Patton and Michael McAndrews at PacketWatch.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Import Best Practices Under New Uyghur Forced Labor Law

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    Rachel Alpert and Grace Signorelli-Cassady at Jenner & Block discuss key provisions of the recently enacted Uyghur Forced Labor Prevention Act, and offer compliance strategies that may position importers to demonstrate their supply chains are free from forced labor when the act's provisions presumptively barring many Chinese imports go into effect in June.

  • Antitrust's 1900s Nostalgia In The US And Beyond

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    President Joe Biden's appointees will continue to pursue a return to a previous antitrust era this year — the Federal Trade Commission, in particular, is dusting off its old tools — and similar developments are occurring in Europe and Asia, says Maureen Ohlhausen at Baker Botts.

  • 5 Global Digital Markets Regulatory Issues To Watch In 2022

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    Francesco Liberatore at Squire Patton lays out the key regulatory developments that will affect global digital markets this year, from new enforcement measures aimed at electronic communications services in the European Union to increased cooperation between antitrust officials in the U.S., U.K. and EU.

  • USPTO Pilot Program May Bring Welcome If Limited Efficiency

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    The U.S. Patent and Trademark Office's new Deferred Subject Matter Eligibility Response Pilot Program, in aiming to improve examination efficiency, should appeal to applicants, but its impact may be limited because it is invite-only and applies only to nonfinal office actions, says Kelvin Varghese at Haynes and Boone.

  • Opinion

    FTC Should Rethink Market Issues In Facebook Case

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    The Federal Trade Commission's antitrust prosecution of Meta Platforms, formerly Facebook, may have survived the initial litigation stage this week, but the case still does not embrace the markets it purports to fix, says David Reichenberg at Cozen O'Connor.

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