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Technology
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May 23, 2025
LegitScript Can't Use 'Unclean Hands' To Ax Antitrust Case
The Ninth Circuit on Friday said that pharmacy verification and monitoring service provider LegitScript could not toss an antitrust action brought by PharmacyChecker.com based on assertions that the plaintiff facilitated the illegal importation of foreign drugs, saying that the defense of unclean hands doesn't bar the lawsuit.
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May 23, 2025
Banking Groups Want SEC To Pull Cyber Disclosure Mandates
A group of banking trade associations has called on the U.S. Securities and Exchange Commission to rescind a Biden-era mandate requiring public companies to disclose certain cybersecurity incidents, arguing it increases companies' risk when they fall victim to cyberattacks.
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May 23, 2025
X Alleges Vietnamese Group Is Exploiting Engagement Metrics
X Corp. on Thursday filed suit in Texas federal court against several Vietnamese nationals it alleges run a cybercrime ring that farms money using computer-generated content and manipulating its social media platform's engagement metrics through bots.
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May 23, 2025
Fed. Circ. Dings PTAB Decision Upholding X-Ray Patent
The Federal Circuit on Friday reversed a Patent Trial and Appeal Board ruling that claims in an X-ray patent aren't invalid as anticipated, concluding that the board's claim construction in the matter was incorrect, even though the board denied that it was construing any claims.
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May 23, 2025
LG Cleared By Jury In Smart TV Patent Case In East Texas
A federal jury in Texas on Friday cleared LG Electronics of allegations that it infringed various Multimedia Technologies Pte. Ltd. smart television patents, while also finding that the patents were invalid.
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May 23, 2025
IP Notebook: Trump's AI Plan, ChatGPT Logs, Dewberry Cited
In this round of emerging issues in copyright and trademark law, Law360 takes a closer look at comments submitted to the National Science Foundation and other federal agencies to create an Artificial Intelligence Action Plan as part of an executive order from President Donald Trump.
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May 23, 2025
FTC Probing Alcon's $430M Lensar Deal
The Federal Trade Commission has requested additional information about Swiss eye care company Alcon Inc.'s planned purchase of Florida-based medical technology developer Lensar Inc. in a deal worth up to $430 million.
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May 23, 2025
Senate Dems Bash Spectrum 'Giveaway' In Budget Bill
Key Senate Democrats who oversee telecommunications issues have lambasted House Republicans for "handing over" swaths of radio spectrum to the wireless industry in the sweeping budget reconciliation bill that GOP lawmakers passed Thursday.
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May 23, 2025
NY Judge Won't Rethink Sanctions Against Chinese Tech Co.
A New York federal judge has refused to reconsider a prior ruling that partially sanctioned a Chinese video technology company and its U.S. distributor that are both embroiled in a rival's trade secrets suit.
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May 23, 2025
Banking Veteran Betsy Cohen's Latest SPAC Targets Fintech
Financial services dealmaker Betsy Cohen is back with another SPAC, filing plans Friday for a $220 million initial public offering for Cohen Circle Acquisition Corp. II, which aims to pursue mergers in fintech and adjacent sectors.
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May 23, 2025
My So-Called Retirement: Some IP Lawyers Just Can't Quit
When patent partner Terry Rea set out to retire, the onetime acting director of the U.S. Patent and Trademark Office had her eyes on the independence that retirement promises — flexible hours, fewer deadlines and less stress over having lots of people counting on you.
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May 23, 2025
Musk Doubles Down After OpenAI Drops For-Profit Transition
OpenAI's decision to abandon its transition into a for-profit enterprise was not enough to appease Elon Musk, who doubled down Thursday with an amended California federal court complaint continuing to allege the ChatGPT maker tricked him into contributing nearly $45 million with false promises of remaining a nonprofit.
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May 23, 2025
Battery Co. Li-Cycle Gets Ch. 15 Nod Amid Glencore Sale Bid
A New York bankruptcy judge on Friday granted Chapter 15 recognition to lithium battery recycler Li-Cycle and affiliates after overruling an objection from the U.S. Trustee's Office, as the Toronto-based debtor looks to sell its business and secure new funding.
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May 23, 2025
Trump Issues Fresh Tariff Threats Against EU, Apple
President Donald Trump said that the European Union should face a 50% tariff beginning July 9 because trade negotiations are "going nowhere" and that Apple should pay at least a 25% tariff if it doesn't manufacture iPhones in the U.S.
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May 23, 2025
Fed. Circ. Partly Revives Allstate Challenge To Tech Patent
The Federal Circuit on Friday threw out the Patent Trial and Appeal Board's finding that Allstate failed to show the invalidity of two claims in a patent on cellphone sensors that can tell if a vehicle has accelerated or crashed, telling the board to take another look.
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May 23, 2025
Cooley Hires 'Next-Gen' Boston Labor & Employment Partner
A Choate Hall & Stewart LLP partner has joined Cooley LLP's labor and employment practice and global litigation department in Boston.
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May 23, 2025
Taxation With Representation: Troutman, A&O Shearman
In this week's Taxation With Representation, Blackstone acquires TXNM Energy, OpenAI buys io Products, Lumen Technologies sells its Mass Markets fiber-to-the-home business in 11 states to AT&T, and AMD sells its data center infrastructure manufacturing business to Sanmina.
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May 23, 2025
FTC Finally Drops Challenge To Microsoft-Activision Deal
The Federal Trade Commission has dropped its in-house case seeking to block Microsoft's $68.7 billion purchase of video game developer Activision Blizzard, after its Ninth Circuit loss earlier this month, ending a lingering challenge to a deal that closed in late 2023.
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May 22, 2025
Health Education Provider Can't Shake Video Privacy Suit
A Wisconsin federal judge has refused to toss a proposed class action accusing healthcare continuing education provider Pesi Inc. of unlawfully sharing information about the videos that customers purchased with Meta, Google and others, finding that federal video privacy law covers both the nonprofit organization and the allegedly disclosed data.
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May 23, 2025
Ex-FCC Nom Slams Trump For Pulling Digital Equity Funding
One-time FCC nominee Gigi Sohn dug into President Donald Trump for killing the $2.75 billion Digital Equity Fund, borrowing his language to say that the abrupt cancellation of a congressionally approved program was "unconstitutional" and "illegal."
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May 22, 2025
Fed. Circ. Ruling Will Spark More Patent Damages Fights
The full Federal Circuit's decision Wednesday ordering a new trial in a patent case against Google LLC and finding the plaintiff's damages expert unreliable is likely to lead to greater scrutiny of patent damages testimony and more attempts to get it thrown out, attorneys say.
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May 22, 2025
Training LLMs Is OK, Pirating Isn't: Anthropic Judge Tips Hand
A California federal judge considering writers' copyright suit against Anthropic indicated Thursday that he thinks training its LLM with copyrighted works is fair use, but said plaintiffs can likely pursue claims that the AI startup infringed by obtaining those training materials from pirating websites instead of buying them.
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May 22, 2025
EV Carmaker Lucid Gets Inflated Biz Suit Trimmed, Again
A California federal judge on Thursday again trimmed a proposed investor class action that alleges electric carmaker Lucid made misleading production forecasts, finding that the latest complaint still doesn't adequately allege the defendants knew some of the challenged statements were false when they were issued.
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May 22, 2025
Chegg Investors Get Final OK In $55M Student Cheating Deal
A California federal judge on Wednesday gave his blessing to a $55 million settlement resolving investor claims that educational technology company Chegg Inc. falsely attributed its "dramatic growth" during the COVID-19 pandemic to its sustainable business model, rather than to students using the platform to cheat.
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May 22, 2025
Microsoft Says It Helped Disrupt Popular Malware Lumma
Microsoft said Wednesday that it recently filed suit against Lumma Stealer as part of its work with Europol's European Cybercrime Centre to disrupt the popular and pervasive info-stealing malware that steals passwords, credit card and bank account information and cryptocurrency wallets.
Expert Analysis
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Fines Against Apple, Meta Set Digital Markets Act Precedent
The European Commission's recent fines against Apple and Meta, the first under the Digital Markets Act, send a clear message that the act's reach and influence on regulatory thinking is global, say lawyers at Waterfront Law.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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When Physical And Cyber Threats Converge: 6 Tips For Cos.
Amid an ongoing trend of increased digital threats of harm made against corporations, organizations and high-profile individuals, an emerging legal framework is providing a risk management road map for general counsel and their teams to navigate the increasingly fraught landscape, say attorneys at Covington.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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Compliance Lessons From Warby Parker's HIPAA Fine
The U.S. Department of Health and Human Services' civil money penalty against Warby Parker highlights the emerging challenges that consumer-facing brands encounter when expanding into healthcare-adjacent sectors, with Health Insurance Portability and Accountability Act compliance being a potential focus of regulatory attention, say attorneys at Saul Ewing.
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Best Practices For Companies Integrating Existing IP With AI
Some copyright owners are exploring how they can make new content by combining their existing intellectual property assets with generative artificial intelligence, and although these initiatives can serve multiple business goals, those considering such practices should be aware they are entering largely uncharted waters, says Josh Weigensberg at Pryor Cashman.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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How Banks Can Manage Risk As AI Adoption Expands
Following new, supportive comments from financial regulatory leaders about the use of artificial intelligence in the industry, banks may move toward wider, less-tentative adoption of the technology, but will also need to deploy important risk management measures, say attorneys at WilmerHale.
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What Banks Must Do To Attract Gen Z Customers
The young adults of Generation Z bank differently, so financial institutions must engage appropriately if they wish to attract this key population, including by leveraging savvy marketing, well-designed online interfaces and top-notch customer service, says Madeline Thieschafer at Fredrikson & Byron.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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A Look At AI Benefits And Risks In Global Development Efforts
In areas like healthcare and law, artificial intelligence can play a transformative role in achieving the U.N.'s 2030 agenda for creating a more equitable, prosperous and sustainable world, but if not properly managed, AI could hinder global development efforts and widen existing gaps within society, say attorneys at Winston & Strawn.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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5 Areas Contractors Should Watch After 1st 100 Days
Federal agencies and contractors face challenges from staff reductions, contract terminations, pending regulatory reform and other actions from the second Trump administration's first 100 days, but other areas stand to become more efficient and cost-effective, say attorneys at Thompson Hine.