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Technology
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September 02, 2025
Digimarc Hit With Second Investor Suit Over Lost Contract
Digimarc executives failed to warn investors about the expiration of a key customer contract, a loss that ultimately led to a 43% stock drop in February, investors have claimed in a class action.
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September 02, 2025
Pa. Panel Finds Search Of Phone In Drug Case Improper
In a precedential ruling, the Pennsylvania Superior Court held that police officers' viewing, reading, and photographing a suspected drug dealer's cellphone constituted an improper search, rejecting prosecutors' claims that investigators merely observed incriminating text messages pop up on the screen without manipulation.
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September 02, 2025
BREAKING: Google Can Keep Chrome But Must Prop Up Search Rivals
A D.C. federal judge imposed sweeping requirements on Google on Tuesday meant to prop up search engine rivals with data, but rejected the U.S. Department of Justice's demand that the company spin off its Chrome browser.
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September 02, 2025
FCC Pushes Forward On Next-Gen TV Transition
The Federal Communications Commission issued new guidance Tuesday aimed at accelerating the transition to next-generation TV by making it easier for broadcasters to clear the regulatory process.
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September 02, 2025
3rd Circ. Wants NJ Justices' Input On Judicial Privacy Law
The Third Circuit on Tuesday asked the New Jersey Supreme Court to address whether the state's judicial privacy law requires a mental state for purported infractions, a question that could prove crucial for data brokers facing dozens of lawsuits over their alleged violations of the statute.
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September 02, 2025
TMX Customers Get Final OK For $42M Data Breach Suit Deal
Customers of title loan and payday lender TMX Finance have gotten a final nod for their $42 million settlement of class action claims arising from a data breach affecting an estimated 4.8 million people, with class counsel receiving just under $6 million in fees and expenses.
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September 02, 2025
2nd Circ. Backs X In Arb. Fees In Severance Case
Courts can't sort out who pays arbitration fees, and employers' refusal to pay such fees isn't a failure to arbitrate, the Second Circuit ruled Tuesday, siding with X in a case accusing the social media platform of owing workers severance.
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September 02, 2025
CoStar Hotel Reports Lack Data For Price-Fixing, Judge Says
CoStar and a group of hotel companies have won escape from a putative antitrust class action when a Washington federal judge drew a distinction between the use of hotel industry benchmarking data and algorithmic rental pricing software of the sort at issue in litigation against Yardi Systems Inc.
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September 02, 2025
Davis Polk-Led Klarna Seeks $1.3B In Revived IPO Plans
Swedish financial technology startup Klarna, advised by Davis Polk & Wardwell LLP, announced Tuesday the buy-now, pay-later business is resuming its initial public offering plans, months after those plans were paused amid backlash to U.S. President Donald Trump's "Liberation Day" tariffs announcement in April, saying the company is looking to raise up to $1.27 billion.
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September 02, 2025
Ex-Sen. Cory Gardner Takes Reins Of Cable Biz Group NCTA
Former Colorado Sen. Cory Gardner was named Tuesday as the new president and CEO of cable industry group NCTA – The Internet & Television Association.
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August 29, 2025
Prison Phone Cos., Sheriffs Tell FCC Rate-Cap Delay Needed
A pair of prison phone service providers and the National Sheriffs' Association asked the Federal Communications Commission not to rethink a delay on implementing new caps on rates charged for prison phone calls, arguing that the pause is needed for the FCC to reevaluate the caps and related rules.
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August 29, 2025
Google Fights Gemini AI Query As App Privacy Trial Wraps
A multibillion-dollar trial over claims that Google illegally collected app data from 98 million consumers grew contentious Friday when the plaintiff's lawyer asked the tech giant's expert if he considered using Google's AI tool to see if data Google says is scrubbed of personal information could be re-identified.
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August 29, 2025
Fed. Circ. Upholds Prosecution Laches In Affirming Hyatt Loss
The Federal Circuit on Friday shot down prolific inventor Gilbert Hyatt's bid to discard a doctrine that can render a patent unenforceable based on delays the owner made during prosecution.
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August 29, 2025
Mass. Panel Suppresses Child Rape Evidence Due To Delay
A panel of the Massachusetts' intermediate-level appeals court has decided to suppress evidence of child rape in the form of images on a foster father's cellphone, finding Friday that an officer waited months too long to obtain a search warrant for the device in violation of the Fourth Amendment.
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August 29, 2025
Fortnite Maker Says Patent Claims Too Abstract For IP Suit
Epic Games Inc. urged a North Carolina federal judge to throw out a suit alleging that player-to-player messaging options in its popular Fortnite video game infringe patents held by a California company.
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August 29, 2025
Ohio Appeals Common Carrier, Public Utility Bid For Google
The Ohio Attorney General's Office said that enforcers have appealed a pair of state court rulings that refused to subject Google to heightened oversight by declaring its search engine a common carrier or a public utility.
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August 29, 2025
SEC Beats FOIA Suit Over Its Internal Breach
The U.S. Securities and Exchange Commission was not in the wrong for withholding information related to a 2022 internal information breach from a conservative civil rights organization that requested documents on the matter, a Washington, D.C., judge determined, citing the attorney work-product doctrine.
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August 29, 2025
OpenAI Denied Discovery On Musk's Buy Offer, Meta's Role
A California federal magistrate judge blocked further OpenAI discovery into Elon Musk's $97.4 billion offer to buy the ChatGPT maker amid a lawsuit challenging its attempted shift into a for-profit business, finding that discovery on the offer, and any involvement by Meta and CEO Mark Zuckerberg, must wait.
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August 29, 2025
Split 9th Circ. Revives Suit Over $2.1B Robinhood IPO
A divided Ninth Circuit on Friday revived a proposed investor class action suit accusing Robinhood Markets Inc. of failing to disclose a downturn in user interest ahead of its $2.1 billion initial public offering, ruling that corporations planning to go public have a duty to disclose material financial information even from quarters that have just ended.
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August 29, 2025
NJ Casinos Say 9th Circ. Ruling Backs Axing Price-Fixing Suit
A group of Atlantic City casino-hotel owners have asked the Third Circuit to review a recent decision in the Ninth Circuit involving "nearly identical" antitrust claims related to the same software the defendants in both suits used to allegedly orchestrate inflated room rates across a given area.
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August 29, 2025
Stewart Again Rebuffs Nat. Security In New Discretion Batch
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart issued only a handful of decisions on whether to discretionarily deny Patent Trial and Appeal Board petitions over the last week, and nearly all favored the challenger.
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August 29, 2025
Cox Tells Justices $1B Verdict Risks 'Mass' Internet Evictions
Cox Communications Inc. asked the U.S. Supreme Court Friday to rule it should not face copyright liability for its internet customers' music piracy, arguing in its opening appeal brief that the Fourth Circuit incorrectly affirmed a Virginia federal jury verdict that led to a $1 billion award.
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August 29, 2025
DOJ Targets BigLaw, Big Tech For Antitrust 'Gamesmanship'
The U.S. Department of Justice's top antitrust official singled out technology platforms and the BigLaw attorneys who represent them for "gamesmanship" by hiding key information from merger and conduct investigators, and announced a special task force "to tackle abuses that arise in our investigations."
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August 29, 2025
Tort Report: Uber's 'Click-Through' Arbitration In Pa. Spotlight
Upcoming oral arguments in a key suit over arbitration terms for Uber passengers and a closely watched medical malpractice case at the Texas high court lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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August 29, 2025
'Be Careful,' New Mich. Chief Judge Tells Attys When Using AI
Just weeks into the job, the new chief judge of the U.S. District Court for the Eastern District of Michigan is navigating challenges like an uptick in cases and the need for another magistrate judge, and has a word of warning for attorneys using artificial intelligence in their practice.
Expert Analysis
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How Sustainability Reporting Changed In The 1st Half Of 2025
Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.
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As Product Recalls Rise, So Do The Stakes For The Bar
Recent recall announcements affecting over 800,000 Ford vehicles highlight how product recalls have become more frequent, complex and safety-critical than ever, raising key practice questions for counsel, and raising the stakes in product liability litigation, says Ken Fulginiti at Fulginiti Law.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Data Undermines USPTO's 'Settled Expectations' Doctrine
An analysis of inter partes review proceedings filed since 2012 appears to refute the U.S. Patent and Trademark Office's recent stance that patent owners develop a strong settled expectation that their patents will not be challenged after being in force for six years, say Jonathan DeFosse and Samuel Smith at Sheppard Mullin, and Kenzo Kasai at NGB Corp.
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Union Interference Lessons From 5th Circ. Apple Ruling
The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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9th Circ. Qualified Immunity Ruling May Limit Phone Searches
Though the Ninth Circuit affirmed police officers’ qualified immunity claims in Olson v. County of Grant earlier this year, it also established important Fourth Amendment precedent on the use of cellphone extractions that will apply more broadly in criminal investigations and prosecutions, say attorneys at The Norton Law Firm.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Unpacking The BIS Guidance On Chinese AI Chip Use
In response to May guidance from the Bureau of Industry and Security, which indicates the agency considers a wide but somewhat unclear range of activities involving Chinese integrated circuits to be in violation of its General Prohibition 10, companies should consider adopting enhanced due diligence to determine how firm counterparties may be using the affected chips, says Peter Lichtenbaum at Covington.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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Annual Report Shows CFIUS Extending Its Reach In 2024
The recently released 2024 annual report from the Committee on Foreign Investment in the United States reveals record civil penalties and enhanced internal capabilities, illustrating expanding jurisdiction and an increasing appetite for enforcement actions, says Nathan Fisher at StoneTurn.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Cybersecurity Risks Can Lurk In Gov't Contractor Acquisitions
The Justice Department’s recent False Claims Act enforcement activity against Raytheon and Nightwing-related defense contractors demonstrates the importance of identifying and mitigating potential cybersecurity compliance risks when acquiring a company that contracts with the federal government, say attorneys at Foley & Lardner.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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New Colo. Teen Privacy Rules Signal National Regulatory Shift
Recently released proposed rule amendments to the Colorado Privacy Act that would create some of the most robust protections for minors' online data in the U.S. reflect an ongoing trend of states taking steps to extend privacy protection for their residents, complicating the compliance burden for companies, say attorneys at Morgan Lewis.