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Technology
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May 23, 2024
Skadden-Led Hg Buys Risk Platform Co AuditBoard For $3B
Cooley LLP-advised AuditBoard Inc. on Thursday announced that it has agreed to be bought by European software and services business investor Hg Capital, guided by Skadden Arps Slate Meagher & Flom LLP, in a deal valued at over $3 billion.
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May 23, 2024
House Panel Pushes AM Radio Bill Forward
Lawmakers on both sides of the aisle came together to bump a popular proposal to prevent automakers from removing AM radios from their vehicles through to the full committee, with the bill sailing through markup Thursday morning.
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May 23, 2024
Resignation Letter Bylaws Targeted In Five Del. Class Actions
General Motors Co. is among the latest targets of new bylaw-focused litigation from Abbott Cooper PLLC and Block & Leviton LLP, one of five companies in a series of lawsuits in Delaware's Chancery Court that seek to invalidate an "irrevocable resignation requirement" in company bylaws.
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May 23, 2024
Apple Investor Again Seeks Green Light For $490M Settlement
An Apple Inc. investor has asked a California federal judge to revisit a $490 million settlement deal that would end claims the tech giant misled investors about iPhone sales in China, telling the court that it had addressed the judge's critique that parts of the relevant filings were "convoluted."
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May 23, 2024
Feds Score Discovery Pause In SEC Suit Against CoinDeal
A Michigan federal judge on Thursday granted the federal government's motion to intervene and stay discovery in a U.S. Securities and Exchange Commission suit alleging a group of individuals and businesses duped investors out of more than $45 million through a CoinDeal investment fraud scheme.
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May 23, 2024
FCC Aims To Reduce Risk From China-Controlled Test Labs
The Federal Communications Commission pushed Thursday for new rules to prevent foreign adversaries, mainly the Chinese Communist Party, from playing a role in testing and certifying communications equipment in the U.S. market.
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May 23, 2024
AT&T Stands To Gain Billions From 4.9 GHz, Report Says
A group representing Verizon and T-Mobile is renewing its effort to stop AT&T-affiliate FirstNet from gaining further control of the 4.9 gigahertz public safety band, this time arguing that AT&T stands to gain over $3 billion worth of spectrum if the Federal Communications Commission extends FirstNet's authority.
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May 23, 2024
Man Behind NH Primary Deepfake Faces Charges, FCC Fines
The Democratic consultant accused of making robocalls with a cloned voice of President Joe Biden discouraging voters from taking part in the New Hampshire primary faces a state indictment on 13 felony voter suppression charges and $6 million in potential federal fines.
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May 23, 2024
Just 57% Of Complex Global Deals Closed Since 2020
About 43% of complex cross-border global deals have failed to close since the start of 2020, while the remaining 57% did close but were highly likely to involve remedies, according to a new report from Weil Gotshal & Manges LLP.
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May 23, 2024
NFL Says Unsolicited-Text Suit Belongs In Arbitration
The NFL wants to force into arbitration a lawsuit filed by a New York woman frustrated with her inability to stop unwanted text messages from the football organization, citing a binding agreement she consented to when registering to receive notifications about the 2023 draft.
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May 23, 2024
Virtual Reality Startup's $150M SPAC Merger Is Scrapped
Blank-check company Maquia Capital Acquisition Corp. and virtual reality software provider Immersaid have mutually agreed to cancel their planned merger that would have taken Immersed public at an estimated $150 million valuation.
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May 23, 2024
DOJ Sues Live Nation 14 Years After Ticketmaster Deal
The U.S. Department of Justice sued Live Nation Thursday over the 2010 agreement clearing the concert promotion giant's purchase of Ticketmaster, an oft-maligned deal that enforcers now want to unwind and that is blamed for fiascoes like the meltdown of ticket sales for Taylor Swift's Eras tour.
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May 22, 2024
Neb. Takes Aim At TikTok For 'Exploiting' Teen Users
Nebraska's attorney general has become the latest to accuse TikTok of operating a service that is addictive and harmful to teens, alleging in a complaint filed in state court Wednesday that the popular video-sharing site has misled consumers about how safe and appropriate the platform is for minors.
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May 22, 2024
Ex-Google Manager Says He Lost Job For Reporting Nepotism
A former Google senior manager has sued the search giant in California state court, claiming he was fired for reporting on superiors using their positions to secure sought-after spots for their children in Google's apprentice program.
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May 22, 2024
Salesforce Gets Texas Judge To Move Patent Suit To California
For at least the second time in a week, a federal judge in Austin, Texas, has explained why he has shipped a patent lawsuit from his court to the Northern District of California — this time in a case brought by a bankrupt startup against one of Salesforce's brands.
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May 23, 2024
Sunsetting Section 230 Gains Traction On Both Sides Of Aisle
Everyone at Wednesday's House subcommittee hearing, from left to right, seemed to agree that it's time to ditch the Communications Decency Act's hotly contested Section 230, which shields online platforms from liability for content posted by third parties.
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May 22, 2024
Antitrust Judge Questions Apple's Phil Schiller On New Fees
A California federal judge deciding whether Apple has complied with her ban on App Store anti-steering rules questioned Apple fellow Phil Schiller on Wednesday on Apple's new program imposing 27% fees on out-of-app transactions, saying "all the new program does is maintain the anti-competitive environment" for the company's benefit.
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May 22, 2024
Robbins Geller, Motley Rice Seek To Rep Solar Co. Investors
Motley Rice LLC and Robbins Geller Rudman & Dowd LLP want to represent investors of energy company Shoals Technologies Group Inc. in consolidated proposed class action claims taking aim at the company and its brass and underwriters for allegedly concealing costly issues with wires in its products.
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May 22, 2024
PTAB Finds Inergy's Chip Patent Challenges 'Compelling'
The Patent Trial and Appeal Board has decided to review Force Mos Technology chip patents, saying it won't rely on a 2020 precedent to discretionarily deny challenges by Inergy Technology Inc. in light of a looming district court trial because the petitions raise "compelling evidence of unpatentability."
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May 22, 2024
Paul Hastings Leads Kayne Anderson Unit's $100M IPO
An affiliate of Kayne Anderson Capital Advisors has announced it raised roughly $100 million in an initial public offering, with Paul Hastings LLP advising the company and Ropes & Gray LLP representing the underwriters, joining a handful of similar specialty investment vehicles that have gone public in 2024.
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May 22, 2024
Justices' CFPB Alliance May Save SEC Courts, Not Chevron
A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.
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May 22, 2024
Accepting Price-Fix Tech Invite Can Be Enough: DOJ Official
An advisor to the Justice Department's top competition official continued to argue Wednesday that signing onto a price setting algorithm can be enough to trigger antitrust liability if the program was billed as fixing prices.
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May 22, 2024
FCC Weighs Requiring AI Disclosures In Political Ads
The Federal Communications Commission will soon decide if it needs new rules requiring disclosure of content generated with artificial intelligence in radio and TV political ads.
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May 22, 2024
Justices Urged To Undo 'Nonsensical' Double Patenting Ruling
Cellect LLC asked the U.S. Supreme Court to review the "nonsensical" invalidation of its patents through so-called obviousness-type double patenting, alleging the Federal Circuit "punished" it for delays in the patent prosecution process that were outside of its control.
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May 22, 2024
Taxpayers Received $90M In Refunds In Direct Filing Pilot
Taxpayers who used the IRS' Direct File pilot program this year took an average of 20 minutes to file a return and received more than $90 million in refunds, but no decision has been reached on whether to expand the free program or make it permanent, the agency said Wednesday.
Expert Analysis
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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Compliance Considerations For New Data Protection Law
Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.
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Proposed Semiconductor Buy Ban May Rattle Supply Chains
The Federal Acquisition Regulatory Council's recent proposed rulemaking clarifies plans to ban government purchases of semiconductors from certain Chinese companies, creating uncertainty around how contractors will be able to adjust supply chains that are already burdened and contracted to capacity, say attorneys at Morgan Lewis.
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Patent Lessons From 4 Federal Circuit Reversals In April
Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Tips For Companies Tapping Into Commercial Cleantech
A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.
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Opinion
USPTO's Proposed Disclaimer Rule Would Harm Inventors
The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Can Chatbot Interactions Lead To Enforceable Contracts?
The recent ruling in Moffatt v. Air Canada that found the airline liable for the representations of its chatbot underscores the question of whether generative artificial intelligence chatbots making and accepting offers can result in creation of binding agreements, say attorneys at McDermott.
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Corporate Insurance Considerations For Trafficking Claims
With the surge in litigation over liability under the Trafficking Victims Protection Reauthorization Act, corporate risk managers and in-house counsel need to ensure that appropriate insurance coverage is in place to provide for defense and indemnity against this liability, says Micah Skidmore at Haynes Boone.
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Reducing Patent Litigation Costs Starts With Early Strategy
With the average cost ranging from $1 million to $4 million, defending a patent case can create a serious strain on resources, particularly for midsize or smaller companies, so certain cost-cutting steps should be considered at the outset — even if some seem counterintuitive, say Jeffrey Ahdoot and Wendy Verlander at Verlander.
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The Opportunities, Risks And Rewards Of AI Acquisitions
As artificial intelligence acquisitions become an increasing area of focus for investors and technology buyers, entities should pay special attention to target identification, due diligence and more when structuring and executing a transaction with a company that has an AI-centric business model, say attorneys at Foley & Lardner.
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Legal Issues To Watch As Deepfake Voices Proliferate
With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.
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AI And Trade Controls: A Guide To Expanding Restrictions
With restrictions on trade related to commodities, software and technology integral to high-performing artificial intelligence capabilities expected to expand — particularly between the U.S. and China — companies must carefully consider the export classification of the items they design, produce or procure, say attorneys at Hogan Lovells.
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4 Takeaways From Biden's Crypto Mining Divestment Order
A May 13 executive order prohibiting the acquisition of real estate by a foreign investor on national security grounds — an enforcement first — shows the importance of understanding how the Committee on Foreign Investment in the United States might profile cross-border transactions, even those that are non-notified, say attorneys at Kirkland.
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Car Apps, Abuse Survivor Safety And The FCC: Key Questions
A recent request for comment from the Federal Communications Commission, concerning how to protect the privacy of domestic violence survivors who use connected car services, raises key questions, including whether the FCC has the legal authority to limit access to a vehicle's connected features to survivors only, say attorneys at Davis Wright.